14 Misconceptions Common To Truck Accident Attorneys
Truck Accident Litigation
Truck accident litigation involves a wide range of possible defendants. They may include the truck driver and their employer and a manufacturer who produced defective equipment, or a contractor that loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining what caused the crash occurred. Personal injury lawyers who have experience will be able to verify the data contained in log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is collect physical evidence. When it comes to truck accidents there are numerous other factors to take into consideration. Trucks often transport dangerous products and even a minor incident can cause serious or fatal injuries.
This is why the investigation process is more complicated than that of a standard car accident. It takes more time and requires the assistance of experts from different areas. Fortunately, a lawyer who is qualified can connect you to the most qualified people for this job.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and going to the site of the accident. It also requires the help of experts who can reconstruct how the accident happened based on the evidence that is collected. This is essential in the case of a defendant being held accountable for the incident.
A lawyer should also ask the trucking company and the driver for any information that might be relevant to a case. This could include information regarding the safety policies of the trucking firm, maintenance protocols, and training procedures. Additionally, the past of the truck driver is vital including any previous incidents, reprimands or alcohol/drug test results.
The information contained in the black box of the truck is a different piece of evidence that should be collected. These devices are similar to the ones found in airplanes, and they can provide a great deal of information about the circumstances of the accident. Your attorney should ask for this information as fast as you can, since it could disappear over time due to the elements or passing traffic.
In addition, the attorney should also gather medical records from the victims of the crash. These documents will help prove that the injuries suffered during the crash caused substantial and lasting damage. It is essential to keep these documents, along with any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
Although the majority of truck accidents result in a settlement between the insurance company and the injured party Some do not, and have to be tried in court. Expert witnesses play a key role. They are experts who have the knowledge, training and expertise to analyze the evidence 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 little or no knowledge of them.
Expert witnesses could range from a simple car mechanic to a metallurgist who will evaluate the failure of a part of the truck or a pathologist who can determine the cause of death. They may also be required to examine and testify about particular aspects of your case, like the impact of the crash and the speed of the vehicle, or reconstruction of the accident.
Another area in which experts are brought in is to help medical experts determine the severity of your injuries. This is an area which is often contested by insurance companies as they try to argue that you're exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any additional damage. In these instances your lawyer will call an independent medical expert who will challenge the claims of the insurance company's doctor.
A witness who is an expert in the field can be very helpful in proving that a trucker was negligent. Expert witnesses will utilize their knowledge to assist the jury in understanding how the truck driver did not perform his or her job, the consequences that failure caused and the financial repercussions of the inattention for you.
GPS Tracking
When accidents involving trucks happen, it is not unusual for victims to suffer serious injuries. They should be compensated for medical bills, lost wages and suffering, in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserve.
GPS tracking is among the most effective technologies used in accident cases. These devices are a standard of the trucking industry and frequently contain a range of crucial information that can be used to determine the extent of liability. A Qualcomm system can provide important information like speed of braking, engine performance, and service hours. This information can be combined with other evidence such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics reports could also prove useful in the event of a truck accident. north charleston truck accident law firm is the gathering of data that is gathered by a vehicle's onboard computer. This information is used to instruct fleet drivers and to record incidents. This can include important details like speed, rough brakes, usage of phones and more. This can be compared to the log books of the truck drivers to determine whether accurate records were kept.
A fax recording of any communication regarding the trip prior to the accident is also important. This could include information about the route, destination, and any stops along the way as well as any messages sent between the trucker and the company. An experienced personal injury attorney can use this to prove that the truck driver was distracted, followed unsafe procedures, or taking unnecessary risks.
If a victim of a truck crash can prove that the trucking company or driver, or any other defendants failed to meet their duty of care and caused the accident and resulted in the collision, then they should be accountable for any injuries incurred as a result. Plaintiffs must prove that defendants violated a statute or regulation, and that the violation caused harm. It is much simpler to prove that a violation of traffic laws was negligent however, Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many instances, truck accident victims can settle their claims without having to go to court. The process of reaching a settlement involves discussing the details of your case with an insurance firm including the amount you are legally entitled to under state law. An experienced truck accident attorney can evaluate your injuries and record the losses you have suffered in the crash to determine how your case is worth. The attorney can take the findings of similar cases of truck accidents and how juries have awarded victims in comparable situations to determine a fair settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you get adequately covers the damages documented. This includes the money you lost because you missed work to seek treatment for your injury. Lawyers can assist you with submitting documentation to prove the losses you suffered, including old pay stubs. If your injuries prevent you from returning to your previous job, you could be entitled to compensation.
Insurance companies often begin the discussion with an offer that is low. This is a tactic used to determine how desperate you are to settle and can impact the value of your case. A knowledgeable attorney can avoid being snubbed by a judge by remaining unflinching and never yielding to pressure to accept a low settlement.
After your lawyer has negotiated an amount that is fair then they will mail the person who is at fault a written demand for settlement. The other party must respond within 30 days, otherwise you'll lose your right to pursue them in court. In some cases trucking companies will not negotiate and your attorney will file a lawsuit against the negligent party.
It isn't possible for us to provide a general figure for how much an accident settlement for a truck is worth as each case is unique including the extent of your injuries and the length of time you'll miss working to undergo medical treatments. However, it isn't uncommon for truck accident settlements to reach millions of dollars.