The Main Issue With Truck Accident Attorneys, And How You Can Fix It
Truck Accident Litigation
Truck accident litigation covers an array of possible defendants. The defendants could include the driver of the truck and their employer as and a business that manufactured defective equipment, or a contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders, also known as black boxes, that will help investigators determine the reason an accident occurred. An experienced personal injury lawyer will know how to match this information to log books.
Investigation of the Scene
When a car wreck occurs the first step in an investigation is usually to collect evidence physically and take photos. When it comes to truck accidents there are a variety of things to consider. Trucks are frequently carrying dangerous goods and even a minor incident can cause serious or fatal injuries.
The investigation process is therefore more complex than a typical car accident. It takes longer and requires the help of experts from different fields. Luckily, a lawyer with experience can help you connect with the most qualified people for this task.
An extensive investigation into a truck accident involves interviewing eyewitnesses and visiting the site of the accident. Experts are also needed to reconstruct the incident from the physical evidence. This information is crucial in the case of a defendant being held accountable for the accident.
In addition, the attorney should seek out any details from the truck company and driver that could be relevant to the case. This could include information on the safety guidelines of the trucking company maintenance protocols, as well as training procedures. Additionally, the past of the truck driver is vital like any prior incidents, reprimands, or drug/alcohol test results.
The information from the black box in the truck is yet another piece of evidence that should be gathered. These devices, like those used in planes, may provide lots of details regarding the incident. murfreesboro truck accident lawsuit should get this information as soon as possible, as it could disappear over time due to weather or traffic.
The attorney should also obtain medical records from the victims of the crash. These records will show that the injuries sustained in the accident have triggered long-lasting and significant damage. It is crucial to keep these documents together with any notes from a doctor and treatment schedules.
Expert Witnesses
While most truck accidents end up in an agreement between the insurance company and the party who was injured, some do not and have to be tried in court. Expert witnesses are essential in these cases. They are professionals who have the experience and training to assess the evidence in your case, and provide their opinion to jurors. They can explain complex medical, physical, mechanical, and economic concepts that many jurors are not aware of or have no knowledge of.
Expert witnesses could be anything from a simple car mechanic to a metallurgist able to determine the failure of a truck part or a pathologist who can determine what caused the death. They may be required to examine and testify to particular elements of your case, for instance the force of the collision, the vehicle velocity, or the reconstruction of the accident.
Another area in which experts are called in is for medical experts to verify the severity of your injuries. This is a subject which can be a major issue by the insurance company, as they try to argue that you have exaggerated your injuries or that they were pre-existing and that the accident did not cause any additional harm. In these cases your lawyer may bring in an independent expert to refute the claims of the insurance's doctor.
A witness who is an expert in the field can be beneficial in proving that the truck driver was negligent. They will use their knowledge to assist jurors in understanding the truck driver's failure to perform his or her duties and the financial repercussions caused by that failure and how that lack of performance affected you.
GPS Tracking
When truck accidents occur, it is not uncommon for their victims to sustain serious injuries. They deserve financial support to cover medical bills as well as lost wages, suffering and related costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight to get the compensation they deserve.
GPS tracking is among the most efficient technologies in the event of an accident. These devices are an integral part of the trucking industry and often come with a variety of crucial information that can be used to determine the extent of liability. A Qualcomm system, for example provides important information including speed brake engine performance, and hours of service. This information can be combined with other evidence, including eyewitness accounts, to reconstruct the scene of the crash.
Other valuable pieces of information in a truck accident investigation could be evidence from the trucking company's telematics software and dash cams. Telematics is the collection of data gathered by the vehicle's onboard computer. The data can be used to instruct fleet drivers and to record incidents. This data could include speed, harsh braking, and phone usage. This information can be compared with the log books of the truck drivers to determine if they had accurate records were kept.
A fax recording of any communications regarding the trip before the accident is also crucial. This can include the route, destination, and any stops on the way, as well as any messages sent between the trucker and the company. A seasoned personal injury lawyer could use this evidence to prove that the truck driver was distracted, following unsafe procedures, or taking unnecessary risks.
When a truck accident victim is able to demonstrate that the trucking company, truck driver or other defendants failed to adhere to their duty of care and caused the accident and resulting injury, they should be held accountable for any injuries sustained due to. To prevail, the plaintiff must show that the defendant violated the law or regulation and that this violation directly caused harm. It is much easier to prove that a breach of an traffic law was negligent, but Federal regulations require a more detailed analysis.
The process of negotiating a settlement
In many cases truck accident victims may settle their claim without going to trial. The process of reaching an agreement involves discussing the details of your case with an insurance firm, including the amount you are entitled to under the law of your state. A lawyer who handles truck accidents can assess your injuries and document the losses you have suffered in order to determine the worth of your case. Then, the attorney can take the findings of similar cases of truck accidents and the way juries have awarded victims in similar situations to determine the fair amount to settle.
Your lawyer can also work directly with the insurance company to ensure that the settlement you get is adequate to cover the losses acknowledged. This includes any amount you've lost because you were unable to work to seek treatment for your injuries. Lawyers can assist you to submit documentation for these losses, including former pay stubs. If you're unable to return to the same kind of job because of your injuries, you may be entitled to compensation for the loss of earning potential in the future as well.
Insurance companies usually begin the conversation by making an offer that is not as high. This is a common tactic to determine how desperate are for a settlement and could affect the value of your case. A seasoned attorney can prevent being mistreated by remaining neutral and refusing to give in to pressure to accept an inadequate settlement.
After your lawyer has reached a reasonable settlement amount, they'll send a written settlement demand to the at-fault party and they must respond within 30 days, or your right to pursue the responsible party in court will be revoked. In certain cases the trucking company could refuse to negotiate. Your attorney will then file a lawsuit on behalf of the party who was negligent.
It is difficult to give an estimate of the value of a truck crash settlement since each instance is unique. For instance the severity of the injuries and the length of time you will be away from work for medical treatment are factors that differ. Settlements for truck accidents can be millions of dollars.