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Truck Accident Litigation There are a myriad of potential defendants in the litigation involving truck accidents. They could include the driver of the truck and their employer, as and a business that produced defective equipment or an individual contractor who loaded cargo incorrectly. Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining what caused the crash took place. Personal injury lawyers with years of experience will be able match the log book information with the accident. Investigation of the Scene In the case of a car accident the first thing to do is gather physical evidence. In truck accidents, however there are numerous other factors to take into consideration. Trucks are often carrying dangerous goods, and even a minor incident can result in fatal or serious injuries. Due to this, the investigation process is more complicated than that of a normal car accident. It takes longer and requires the assistance of experts from a variety of areas. Fortunately, a lawyer who is qualified can connect you to the best people for this task. Interviewing eyewitnesses is a crucial part of a thorough truck accident investigation. Experts are also required to reconstruct the crash based on the collected physical evidence. This information is crucial to finding a defendant accountable for the accident. Additionally, the attorney should seek out any information from the truck driver and the company that might be relevant to the case. This could include information regarding the trucking company’s safety policies maintenance protocols, policies for maintenance, and training procedures. The history of the driver is also crucial. This includes any previous incidents, reprimands, or drug/alcohol test results. The data gathered from the black box of the truck is an additional element of evidence that should be collected. These devices are similar to the ones found in airplanes, and they can provide a lot of information about how the accident happened. Your lawyer must ask for this information as fast as you can, since it could fade over time due to weather or traffic. The attorney must also collect medical records from the victims of the crash. These documents will prove that the injuries suffered during the accident have caused lasting and significant damage. It is crucial to save these documents, along with any medical notes or treatment schedules that are available. Expert Witnesses The majority of truck accidents are settled between insurance company, the injured party and the trucking company. However, there are some that do NOT and must be taken to court. Expert witnesses play a vital role. They are experts who have the expertise, education and experience to assess the evidence in your case and then provide their opinion to the jury. They can explain complex medical, physical, mechanical, and economic concepts that the majority of jurors have little or no knowledge of. Depending on the type of expert witness needed, they can be as simple as a car mechanic who will determine the reason your vehicle was damaged in the accident and metallurgists who do a failure analysis on the specific part of your truck, or pathologists who can determine the cause of death. They may be required examine and testify to specific aspects of your case, such as the force or the crash or the speed of the vehicle or the reconstruction of the accident. Medical experts are also required to determine the severity and extent of your injuries. Insurance companies often challenge this issue, claiming you exaggerate your injuries or that these were pre-existing conditions and that the incident didn't cause any further damage. In these instances your lawyer will bring an independent medical expert to contest the testimony of the insurance company's doctor. A witness who is an expert in the field can be very helpful in proving that a truck driver was negligent. Expert witnesses will utilize their knowledge to help the jury comprehend the reasons why the truck driver failed to do his or her job, what this negligence caused, and the resulting financial implications of this negligence for you. GPS Tracking It is not uncommon for victims of truck accidents suffer serious injuries. They are entitled to compensation for medical expenses, lost wages, suffering, along with other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they are due. One of the most useful technologies in any accident scenario is GPS tracking. These devices are an integral part of the trucking industry, and typically contain a range of important information that could be used to determine liability. A Qualcomm system, for example can provide crucial information on speed, braking engine performance, and hours of service. This information can be paired with other evidence, such as eyewitness testimony, to reconstruct the scene of an accident. Dash cams and telematics records could also prove useful in the event of a truck crash. Telematics is the collection of data gathered by the vehicle's onboard computer. The data is used to instruct fleet drivers and 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 recorded. A fax record of any communication regarding the trip before the accident is also crucial. This could include the route, destination, any stops along the way along with any messages sent between the trucker and the company. This can be used by an experienced personal injury lawyer to prove that the trucker was distracted or not following safe procedures. If a truck accident victim can prove that the trucking company, driver or any other defendants failed to meet their duty of care and triggered the collision and resulted in the collision, then they should be held accountable for any injuries that occur as a result. In order to win a case the plaintiff must prove that the defendant violated an act or regulation and this breach directly caused harm. It is easy to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a more intricate analysis. inglewood truck accident law firm of negotiating a settlement In many instances, truck crash victims are able to settle their claims without having to go to court. To negotiate a settlement, you will need to discuss the facts of your accident with the insurance company. This is the amount you are entitled under state law. A lawyer who handles truck accidents can evaluate your injuries, and document the losses you have suffered that result from them to determine the worth of your case. The attorney can then use the results from other similar lawsuits involving truck accidents and the way juries awarded victims in similar situations to calculate the amount of a fair settlement. Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you get will adequately cover the damage you've documented. This includes any money you have lost because you were unable to work to get treatment for your injuries. Lawyers can assist you to submit documentation for these losses, such as old pay stubs. If your injuries prevent you from returning to your previous job, you could be entitled to compensation. Insurance companies usually begin the conversation by offering an offer that is not as high. This is a tactic used to determine how desperate you are to negotiate a settlement and can affect the value of your case. A lawyer who is knowledgeable can avoid being deceived by staying calm and never allowing pressure to accept an offer that is not satisfactory. Once your lawyer has reached a reasonable settlement amount, they will send a written settlement demand to the at-fault party and they must respond within 30 days or your rights to pursue the responsible party in court will be revoked. In some instances the trucking company may refuse to negotiate. Your attorney will bring a lawsuit on behalf of the party who was negligent. It isn't possible for us to provide a general figure of what the settlement from a truck accident is worth because each individual case is unique and has its own factors like the severity of your injuries and the length of time you'll be absent from work to receive medical treatment. Truck accident settlements can reach millions of dollars.