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Truck Accident Litigation There are many potential plaintiffs in litigation over truck accidents. These defendants could include the driver of the truck and their employer, as well as a company that manufactured defective equipment, or an individual contractor who improperly loaded cargo. Many trucks are equipped with event data recorders, often referred to as black boxes, which can aid investigators in determining the cause of the crash happened. An experienced personal injury lawyer will be able to connect this information to log books. Investigation of the Scene In the event of a car crash, the first thing to do is gather physical evidence. When it comes to truck accidents there are a variety of aspects to be considered. Trucks are typically carrying dangerous goods and even a minor collision can cause serious or fatal injuries. Because of this, the investigation process is more complicated than that of a standard car accident. It is also longer, and it requires the assistance of experts from various areas. A lawyer who is qualified can help you find the right professionals to handle this work. A thorough truck accident investigation includes interviewing eyewitnesses, as well as going to the site of the accident. Experts are also needed to reconstruct the accident by analyzing the physical evidence. This information is crucial to the case of a defendant being held accountable for the incident. Furthermore, an attorney should seek any information from the trucking driver and the company that could be relevant to the case. This could include information about the safety policies of the trucking company, maintenance protocols, and training procedures. The history of the driver is also important. This includes any past incidents, reprimands and drug/alcohol tests results. The data gathered from the black box in the truck is an additional source of evidence that must be collected. harlingen truck accident law firm are similar to the ones that are installed in airplanes, and can provide a lot of information on how the accident happened. Your lawyer must ask for this information as fast as possible, as it could be lost due to weather or traffic. A lawyer should also collect medical records of the victims. These documents will prove that the injuries suffered during the crash caused long-lasting and significant damage. It is important to keep these documents, together with any notes from a doctor and treatment schedules. Expert Witnesses The majority of truck accidents are settled between insurance company, the victim and the trucking company. However, there are some that do NOT and must be taken to the court. Expert witnesses play an important role. They are professionals with the knowledge, training and experience to assess information in your case and provide their opinions to the jury. They can explain complicated medical, physical, mechanical and economic concepts that many jurors have no or little understanding of. Depending on the type of expert witness needed, they could be as basic as a car mechanic who can figure out why your vehicle was damaged in the crash, to metallurgists who can perform a failure analysis on a specific truck part, or pathologists who can determine the reason for death. They might also be required to examine and testify about specific aspects of your case, such as the force of the crash as well as the velocity of the vehicle or the reconstruction of an accident. Medical experts are also called upon to evaluate the extent and severity of your injuries. This is a subject which is often contested by the insurance company as they may try to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any additional damage. In these situations your lawyer will call in an independent medical expert to contest the insurance company's doctor's testimony. A witness who is an expert in the field can be extremely helpful in proving that a truck driver was negligent. They will make use of their expertise to help the jury comprehend how the truck driver did not perform his or her job, the consequences this failure has caused and the financial consequences of that negligence for you. GPS Tracking When accidents with trucks occur, it is not uncommon for their victims to sustain serious injuries. They are entitled to compensation for medical expenses, lost wages, suffering, along with other expenses. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients. GPS tracking is among the most useful technologies in accident cases. These devices are a common feature of the trucking industry and frequently include a range of crucial information that can be used to determine the liability. A Qualcomm system, for example provides important information including speed brake engines performance and hours of service. This information can be used in conjunction with other evidence, such as eyewitness testimony to reconstruct the scene of the crash. Dash cams and telematics reports could also prove useful in the event of a truck crash. Telematics is the process of collecting information gathered by a vehicle's onboard computer. This information is used to train fleet drivers and to record incidents. This information can include speed, harsh braking and phone usage. This information can be compared with the truck driver's log books to determine whether accurate records were kept. Another important piece of information is any fax communication records which may have been transmitted regarding the trip prior to the accident. It could contain information regarding the route and destination, any stops on the way, and even an account of any messages between the truck driver and the company. This information can be used by a skilled personal injury lawyer to prove that the truck driver was distracted or following unsafe procedures. If a person injured in a collision with a truck can prove that the trucking company, driver, or any other defendants, did not fulfill their duty of care and caused the collision and resulted in the collision, then they should be accountable for any injuries sustained as a result. Plaintiffs must prove that defendants violated a statute or regulation, and that the violation caused harm. It is easier to show that a violation of a traffic law was negligent however Federal regulations require a more complex analysis. The process of negotiating a settlement In most cases, truck accident victims can settle their claims without going to court. The process of reaching settlement is to discuss the facts of your case with an insurance firm including the amount you are entitled to under the law of your state. An experienced attorney for truck accidents will evaluate your injuries and record the losses you have suffered as a result of the crash to determine how your case is worth. The attorney can then use the results from other similar lawsuits for truck accidents and how juries awarded victims in similar situations to calculate an acceptable settlement amount. Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you receive adequately covers the damages acknowledged. This includes any money that you've lost due to your inability to work to get treatment for your injury. Lawyers can assist you in submitting documentation for the losses you suffered, including old pay bills. If your injuries hinder you from returning to your previous job, you could be entitled to compensation. Insurance companies usually begin the conversation by offering a low offer. This technique is used to gauge the level of urgency you have to settle your case. This can have a negative impact on the value of your claim. A seasoned attorney can prevent being snubbed by a judge by remaining neutral and refusing to give in to pressure to accept a poor settlement. After your lawyer has reached an acceptable settlement amount, they will send a settlement demand in writing to the at-fault party and must be responded to within 30 days or your rights to sue the responsible party in court will be revoked. In some instances, the trucking company may refuse to negotiate. Your attorney will file a lawsuit on behalf of the party who was negligent. It is not possible to give a general estimate of what the settlement from a truck accident is worth, as each case is unique, such as the degree of your injuries, as well as the amount of time that you'll be away from work to receive medical treatment. However, it is not uncommon for truck accident settlements to be in the millions.