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Truck Accident Litigation There are a variety of defendants in the litigation involving truck accidents. They could include the truck driver and their employer as well as a company that produced defective equipment or a contractor that loaded cargo improperly. Many trucks contain event data recorders, often referred to as black boxes, which can help investigators determine how the crash happened. Personal injury lawyers with years of experience can match the data in log books. Investigation of the Scene In the event of a car crash the first thing you need to do is gather evidence. Accidents involving trucks are distinct. There are many other factors to be considered. Trucks are typically carrying dangerous goods and even a minor collision can cause serious or fatal injuries. This is why the investigation process is more complicated than that of a normal car accident. It takes longer and requires the assistance of experts from different areas. Fortunately, a qualified lawyer can help you connect with the most qualified people for this task. Interviewing eyewitnesses is an essential element of a thorough truck accident investigation. Experts are also needed to reconstruct the accident from the physical evidence. This information is crucial to the case of a defendant being held accountable for the incident. A lawyer should also inquire with the trucking company and the driver for any information that could be relevant to the case. This could include details regarding the safety policies of the trucking firm as well as training procedures and maintenance procedures. Also, the background of the driver of the truck is crucial, such as any past incidents, reprimands, or alcohol/drug test results. Another source of evidence to collect is the data from the truck's black box. These devices, which are similar to those used in planes, can provide an abundance of information regarding the incident. This information should be requested as soon as you can by your lawyer, as it could fade away over time due to the elements or the speed of traffic. A lawyer should also gather medical records of the victims. These documents will help prove that the injuries sustained in the crash have caused substantial and lasting damage. It is essential to keep these documents, together with any doctor's notes and treatment schedules. Expert Witnesses Most truck accidents are settled between insurance company, the victim and the trucking company. However, there are some that don't and have to be brought to the court. Expert witnesses play an important role. They are professionals who have the education and experience to analyze the facts in your case and offer their opinion to jurors. They can explain complex mechanics, medical concepts and economic concepts to jurors with little or no knowledge of them. Depending on the type of expert witness you require, they can range from as simple as a mechanic who can identify why your vehicle was damaged during the crash and metallurgists that can conduct a failure analysis of a specific truck part, or pathologists who can determine the cause of death. They may be required to examine and testify to specific aspects of your case, such as the force of the collision or the vehicle's velocity, or the accident reconstruction. Another crucial area where experts are brought in is to help medical experts confirm the severity of your injuries. Insurance companies often challenge this issue, claiming you exaggerate the severity of your injuries or that they were pre-existing issues and that the accident didn't cause any additional damage. In these instances, your attorney will call an independent medical expert to contest the doctor's testimony for insurance companies. A witness who is an expert in the field can be very helpful in proving a truck driver was negligent. They will utilize their knowledge to help the jury understand the truck driver's failure complete his or her job as well as the financial implications which resulted from this failure and how the failure affected you. GPS Tracking It is not uncommon that victims of truck accidents suffer serious injuries. They should be compensated for medical bills, lost wages and suffering and pain, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they are due. One of the most effective technologies in any accident case is GPS tracking. These devices are a staple of the trucking industry and usually include a range of important data that can be used to determine the liability. A Qualcomm system, for example, can provide important information on speed and braking engine performance, and service hours. This information can be combined with other evidence, for instance eyewitness testimony to reconstruct the scene of a crash. Other important pieces of information in a truck crash case may include records from the trucking company's telematics system and dash cameras. Telematics is a collection of information gathered by a vehicle's onboard computer that is used for training of fleet drivers and to record incidents. This information can include speed, harsh braking and phone usage. This information can be compared with the log books of the truck driver to determine if accurate records were recorded. A fax recording of any communication concerning the trip prior to the accident is also important. This could include information about the travel route and its destination, any stops along the way, or even the record of any communication between the driver of the truck and the company. A seasoned personal injury lawyer can use this information to prove that the trucker was distracted, following unsafe procedures or taking unnecessary risks. If westminster truck accident attorney injured in a collision with a truck can prove that the trucking company, driver or any other defendants failed to meet their duty of care and triggered the collision and caused the accident, they should be held accountable for any injuries sustained due to the collision. Plaintiffs must show that defendants violated a statute or regulation, and that the violation caused harm. It is simpler to prove that a violation was negligent in the context of traffic laws, however federal regulations require a much more complex analysis. Negotiating a Settlement In many instances the truck accident victim can settle their case without going to trial. The process of reaching a settlement involves discussing the facts of your situation with an insurance company, including the amount you are legally entitled to under state law. A truck accident lawyer can evaluate your injuries and document the losses you have suffered due to them, in order to determine the worth of your case. The attorney can then use the results of similar truck accident lawsuits and the verdicts of juries in similar situations to calculate the amount of a fair settlement. Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers your documented damages. This includes any money that you've lost because you didn't work to seek treatment for your injury. Lawyers can assist you in submitting documentation for these losses, including old pay statements. If you're unable to return to the same kind of job because of your injuries, you may be entitled to compensation for loss of earning potential in the future as well. Insurance companies typically start the conversation by making an offer that is low. This is a common tactic to test how desperate you are to negotiate a settlement and can affect the value of your case. A lawyer who is experienced will avoid being slammed by remaining calm and not allowing pressure to accept any settlement that isn't adequate. After your lawyer has agreed to an amount that is reasonable and fair, they'll send the person who is at fault a written demand for a settlement. The other party must respond within 30 days or else you lose your right to sue them in court. In some cases trucking companies will refuse to negotiate, and your attorney will file a lawsuit against the negligent party. It is impossible to give an estimate of the value of a truck accident settlement as each case is unique. For instance the severity of the injuries and how long you'll miss work for medical treatment are factors which can be different. Settlements for truck accidents can be millions of dollars.