Truck Accident Litigation
The litigation involving truck accidents involves an array of possible defendants. These defendants could include the driver of the truck as well as their employer as also a company that produced defective equipment or a contractor who loaded cargo incorrectly.
Many trucks contain event data recorders, also known as black boxes. jacksonville truck accident lawsuit can help investigators determine how the crash happened. Professional personal injury attorneys be able to connect the information with log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is gather evidence. Truck accidents are not the same. There are more factors to consider. For example trucks often transport dangerous items and even a minor crash could result in serious or fatal injuries.
The process of investigation is more complex than the typical car accident. It takes longer and requires the assistance of experts from different fields. A lawyer who is experienced can help you find the right professionals to handle this work.
A thorough truck accident investigation involves interviewing eyewitnesses and going to the site of the crash. Experts are also required to reconstruct the incident by analyzing the physical evidence. This information is vital in finding a defendant accountable for the occurrence.
A lawyer should also contact the trucking company and the driver for any information they believe to be relevant to a particular case. This could include information about the trucking company’s safety policies maintenance protocols, policies for maintenance, and training procedures. The history of the driver is important. This includes any previous incidents, reprimands or drug/alcohol test results.
Another evidence source to gather is the data from the black box in the truck. These devices, which are like those used in planes, could provide many details about the accident. The information you require should be sought whenever possible by your attorney, because it may disappear in time due to the elements or other traffic.
A lawyer should also collect medical records of the victims. These records will prove that the injuries suffered during the crash caused a significant and lasting injury. It is essential to keep these documents together with any notes from a doctor and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the injured party and the trucking company. However, there are some that don't and have to be brought to court. This is where expert witnesses play an important role. They are professionals with the experience, knowledge, and expertise to evaluate the evidence in your case, and provide their opinions to the jury. They can explain complex mechanical, physical, medical and economic concepts that many jurors have little or no understanding of.
Expert witnesses could be anything from a simple car mechanic to a metallurgist that can examine the failure of a part of the truck or a pathologist that can determine the cause of death. They could be required to examine and testify to specific elements of the case, such as the force of the collision or the vehicle's velocity, or the reconstruction of the accident.
Another crucial area where experts are called in is to help medical experts determine the severity of your injuries. This is a subject that is frequently contested by the insurance company as they attempt to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any further damage. In these cases, your attorney may call an independent expert who will challenge the evidence of the doctor who is a part of the insurance.
A witness who is an expert in the field can be very beneficial in proving that the trucker was negligent. They will make use of their expertise to help the jury comprehend the truck driver's failure to fulfill his or her responsibilities, the financial consequences which resulted from this failure and how that failure affected you.
GPS Tracking
When truck accidents occur, it is not unusual for victims to sustain serious injuries. They deserve compensation for medical expenses, lost wages, pain and suffering, and other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve.
GPS tracking is one of the most effective methods used in cases of accident. These devices are employed by the trucking industry, and usually contain a variety of vital information that help determine the liability of the driver. A Qualcomm system can provide important information like speed of braking engines performance, speed, and service hours. This information can be combined with other evidence, including eyewitness testimony, to reconstruct the scene of the crash.
Other pieces of valuable information in a truck crash case could be records from the trucking company's telematics system and dash cams. Telematics is the gathering of data collected by a vehicle’s onboard computer. This information can be used to instruct fleet drivers and to record incidents. This could include vital information such as speed, hard brakes, usage of phones and more. It can be compared with the truck driver's log books to determine whether accurate records were kept.
Another important piece of evidence is any fax messages that may have been sent regarding the trip prior to the accident. This can include the route, destination, and any stops made along the way as well as any messages sent between the trucker and the company. This information can be used by a seasoned personal injury lawyer to show that the trucker was distracted or not following safe procedures.
If the victim of a car accident can prove that the trucking company or driver, or any other defendants failed to perform their duty of care and caused the accident and caused the accident, they should be held accountable for any injuries sustained due to the collision. Plaintiffs must prove that the defendants violated a law or regulation, and that this violation caused harm. It is easier to prove that a violation was negligent in the context of traffic laws, but federal regulations require a much more complicated analysis.
Negotiating a Settlement
In many instances, truck accident victims are able to settle their claims without having to go to court. To reach an agreement, you'll need to discuss the facts of your accident with the insurance company. This includes the amount that you are entitled under the law of the state. An experienced lawyer for truck accidents can evaluate your injuries and record the losses you've suffered in the crash to determine how your case is worth. The lawyer can then utilize the results of similar lawsuits involving truck accidents and how juries awarded victims in similar situations to determine an acceptable settlement amount.
Your lawyer can also negotiate directly with the insurance company to ensure that the settlement you receive will adequately cover the damage you've documented. This will include any money you've lost because you were unable to work to receive treatment for your injuries. The lawyer can help with the documentation required for these losses, which could include former pay stubs. If you're unable to return to the same type of job due to the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well.
Insurance companies will often start the discussion with an offer that is low. This is a standard tactic to determine how desperate are for a settlement and could affect the value of your case. A knowledgeable attorney can avoid being low-balled by remaining at peace and not giving in to pressure to accept a poor settlement.
After your lawyer has reached an amount that is fair, they will send the person at fault a written demand for settlement. The person who is responsible must respond within 30 days, or else you lose the right to bring a lawsuit against them in court. In some cases the trucking company may refuse to negotiate. Your attorney will then initiate an action on behalf of the party who was negligent.
It is difficult to give an estimate of the value of a settlement because every instance is unique. For example, the severity of the injuries and the time you'll be away from work to receive medical treatment are two factors which can be different. However, it is not unusual for settlements in truck accidents to be in the millions.