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Truck Accident Litigation Truck accident litigation can involve many possible defendants. They could include the driver of the truck as well as their employer, as well as a company that manufactured defective equipment or a contractor who improperly loaded cargo. Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining what caused the crash occurred. Personal injury lawyers with years of experience will be able to match the log book information with the accident. Investigation of the Scene In the event of a car crash the first step of an investigation is to collect evidence physically and then take photographs. In the case of truck accidents, however there are numerous other factors to take into consideration. Trucks are frequently carrying dangerous goods and even a minor accident can cause serious or fatal injuries. The process of investigation is more complicated than a typical car accident. It is also longer and requires the help of experts from various areas. Luckily, a lawyer with experience can connect you to the most qualified people for this task. A thorough truck accident investigation involves interviewing eyewitnesses as well as visiting the site of the crash. Experts are also needed to reconstruct the accident using the physical evidence. This information is essential to holding a defendant liable for the incident. Additionally, an attorney should seek out any information from the truck driver and the company that could be relevant to the case. This could include information about the safety guidelines of the trucking company maintenance protocols, policies for maintenance, and training procedures. The past of the driver is also important. This includes any past incidents, reprimands, or drug/alcohol test results. Another piece of evidence to gather is the data from the truck's black-box. These devices, similar to those used in planes, can provide many details about the incident. This information should be requested as soon as possible by your attorney, since it could be lost due to the elements or the speed of traffic. In addition, the attorney must also collect medical records from the victims of the crash. These documents will prove that the injuries sustained during the crash caused long-lasting and substantial damage. It is crucial to preserve these documents, along with any medical notes or treatment plans that are available. Expert Witnesses Most truck accidents are settled between the insurance company, the victim and the trucking company. However, some do NOT and must be brought to court. Expert witnesses are critical in these cases. They are professionals with the knowledge, training and experience to assess the facts in your case and then provide their opinion to the jury. They can explain complicated mechanical concepts, medical concepts, and economic concepts to jurors who have very little or no knowledge of them. Depending on the type of expert witness you require, they could be as straightforward as a mechanic who can determine why your vehicle was damaged during the accident or metallurgists who perform a failure analysis on the truck part that is in question or pathologists who determine the cause of death. They could be required to investigate and testify about specific aspects of your case, such as the force or crash, the vehicle velocity, or the accident reconstruction. Another crucial area where experts are called in is for medical experts to 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 didn't cause any further damage. In these instances, your attorney will call an independent medical expert to counter the doctor's testimony for insurance companies. In the end, an expert witness can be vital when it comes to finding out that the trucker at fault in the accident was negligent in any way. They will make use of their expertise to help the jury understand the truck driver's failure to perform his or her duties and the financial consequences caused by that failure and how the failure affected you. GPS Tracking It is not unusual for victims of truck accidents suffer severe injuries. They are entitled to compensation for medical bills, lost wages and suffering and pain, and other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of 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 employed by the trucking industry, and typically contain a wide array of data that help determine liability. A Qualcomm system, for example can provide vital information on speed brake, engine performance and service hours. This information can be used in conjunction with other evidence like eyewitness testimony to help reconstruct the scene of the crash. Other pieces of valuable information in a truck accident incident could include the records of the telematics software used by the trucking company and dash cameras. Telematics is the collection of data gathered by a vehicle's onboard computer. It is used for fleet driver coaching and to record incidents. This could include vital information such as speed, hard brakes, phone usage and more. This information can be compared with the log books of the truck drivers to see if accurate data was recorded. Another important piece of evidence is any fax communications records that may have been sent out regarding the journey prior to the accident. This could include information about the travel route and its destination, any stops along the way, or even the details of any communications between the truck driver and the company. An experienced personal injury attorney can use this to prove that the trucker was distracted, followed unsafe procedures or taking unnecessary risks. When a victim of a car accident can show that the trucking company, truck driver, or any other defendants failed to adhere to their duty of care and caused the collision and the victim should be held accountable for any injuries that may have occurred due to. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is easier to show that a violation of the traffic law was wrongful however, Federal regulations require a more detailed analysis. The process of negotiating a settlement In many instances, truck crash victims can settle their claims without having to go to court. To reach a settlement, you'll need to discuss the facts of your accident with the insurance company. This is the amount you are entitled to under the law of your state. A truck accident lawyer can evaluate your injuries, and document the damages you suffered that result from them to determine the worth of your case. The attorney can then apply the results of similar truck accident lawsuits and the amount of compensation juries awarded victims in similar circumstances to determine an appropriate settlement amount. 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 that are documented. This includes any money you've lost due to your inability to work to get treatment for your injury. Lawyers can assist in submitting the necessary documentation for the losses you suffered, including old pay stubs. If you are unable to return to the same sort of job because of your injuries, you may be entitled to compensation for loss of future earning capacity as well. Insurance companies typically begin the discussion with a low-ball offer. This strategy is used to determine how eager you are to settle your case. hartford truck accident lawsuit could have a negative impact on the value of your claim. A knowledgeable attorney can avoid being mistreated by remaining neutral and refusing to give in to pressure to accept a poor settlement. Once your lawyer has agreed to an acceptable settlement amount, they'll send a written settlement demand to the at-fault party, which must be answered within 30 days or your rights to sue the responsible party in court will be revoked. In certain cases the trucking company might refuse to negotiate. Your attorney will then bring a lawsuit on behalf of the party who was negligent. It isn't possible for us to provide an estimate of how much a truck accident settlement is worth as each situation is different such as the severity of your injuries as well as the length of time you will miss from work due to medical treatments. Settlements for truck accidents can be millions of dollars.