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Truck Accident Litigation Truck accident litigation can involve numerous possible defendants. The defendants 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 loaded cargo incorrectly. Many trucks have event data recorders (also called black boxes) that can assist investigators in determining why the crash occurred. An experienced personal injury lawyer will be able to connect the data with log books. Investigation of the Scene If a car accident happens the first step of an investigation is usually to gather physical evidence and then take photographs. In truck accidents, however there are many other things to think about. For example truck accidents often involve dangerous products, and even a relatively minor crash could result in serious or fatal injuries. The process of investigation is more complex than a typical car accident. It is also more time-consuming, and it requires the assistance of experts in various areas. A lawyer who is experienced can help you find the right experts to perform this work. The process of interviewing eyewitnesses is a vital part of a thorough accident investigation. It also requires the help of experts who can reconstruct what happened on the evidence gathered. This information is crucial in making a defendant accountable for the accident. In addition, the attorney should seek out any details from the truck driver and the company that might be relevant to the case. This could include information on the safety policies of the trucking firm or training procedures, as well as maintenance protocols. The past of the driver is important. This includes any prior incidents, reprimands, or drug/alcohol tests. Another thing to collect is the data from the truck's black-box. These devices, which are similar to those used in planes, can provide many details about the accident. Your lawyer should request this information as soon as you can, since it could be lost due to the elements or passing traffic. Additionally, an attorney should also obtain medical records from the victims of the crash. These documents will prove that the injuries suffered during the accident have caused lasting and substantial damage. It is crucial to keep these documents, along with any medical notes and treatment schedules. Expert Witnesses The majority of truck accidents are settled between insurance company, the person who was injured and the trucking company. However, some do NOT and must be brought to the court. This is where expert witnesses play a crucial role. They are professionals with the knowledge and training required to evaluate the evidence in your case, and then provide their opinions to jurors. They can explain complex mechanics, medical concepts, and economic concepts to jurors with only a basic understanding of them. Depending on the type of expert witness required, they can range from as simple as a mechanic who can figure out why your vehicle was damaged in the crash, to metallurgists who can do a failure analysis on a specific truck part, or pathologists who can determine the reason for death. They might be required to look into and testify on particular elements of your case, such as the force of the crash or the vehicle's velocity, or the reconstruction of the accident. Another important area where experts are consulted is for medical experts to confirm the severity of your injuries. Insurance companies typically contest the claim that you exaggerate your injuries or that these were pre-existing conditions and that the accident did not cause any further damage. In these cases, your attorney will call in an independent medical expert who will challenge the doctor's testimony for insurance companies. A witness who is an expert in the field can be extremely useful in proving that a trucker was negligent. Expert witnesses will utilize their knowledge to help the jury understand how the truck driver was unable to perform his or her job, what this failure has caused and the financial implications of this negligence for you. GPS Tracking It is not unusual for victims of truck accidents suffer severe injuries. They deserve financial assistance to pay medical expenses loss of wages, pain and suffering and other related expenses. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients. GPS tracking is among the most effective methods used in cases of accident. These devices are utilized by the trucking industry, and often contain a wide array of data that help determine the responsibility. A Qualcomm system, for instance provides important information about speed and braking, engine performance and service hours. This can be combined with other evidence, such as eyewitness testimony to reconstruct the scene of the crash. Other important pieces of information in a car accident case could be records from the trucking company's telematics program and dash cameras. Telematics is the collection of data that is gathered by a vehicle's onboard computer. The data is used to coach fleet drivers and record incidents. It can contain important details like speed, rough brakes, phone usage and more. It can be compared with the log books of the truck driver to determine whether accurate records were recorded. Another crucial piece of information is any fax records that were transmitted regarding the trip prior to the accident. This could include information on the route and destination, as well as any stops along the way, or even the details of any communications between the truck driver and the company. This can be used by a seasoned personal injury lawyer to prove that the truck driver was distracted or not following safe procedures. If a person injured in a collision with a truck can show that the trucking company, driver or other defendants failed to uphold their duty of care and caused the collision they must be held accountable for any injuries that may have occurred due to. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of an act or regulation and that the violation directly caused harm. It is much easier to prove that a violation of the traffic law was wrongful however, Federal regulations require a more thorough analysis. The process of negotiating a settlement In many instances, truck accident victims are able to settle their claims without having to go to court. The process of negotiating settlement involves discussing the details of your case with an insurance company, including the amount you are entitled to under the law of the state. A truck accident lawyer can assess your injuries and document your losses as a result to determine the worth of your case. The attorney can use the results of other similar cases involving truck accidents and how juries have rewarded victims in comparable situations to determine a fair settlement amount. Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get adequately covers the damages that are documented. This will include any amount you've lost because of your inability to work to seek treatment for your injuries. The lawyer can assist you with submitting documentation to prove these losses including old pay statements. If palm coast truck wreck lawyer prevent you from returning to your previous job, you could be eligible for compensation. Insurance companies typically begin the conversation by making an offer that is low. This strategy is used to determine the level of urgency you have to settle your case. It could have a negative impact on the value of your claim. A lawyer with experience can avoid being lowballed by staying calm and not allowing pressure to accept any settlement that isn't adequate. After your lawyer has agreed to an amount that is fair and fair, they will send the person who is at fault a written demand for a settlement. The other party must respond within 30 days, or you will lose your right to sue them in court. In some instances the trucking company may refuse to negotiate. Your lawyer will initiate a lawsuit on behalf of the party who was negligent. It is impossible to provide a general figure of how much a truck accident settlement is worth because each individual situation is different like the degree of your injuries, as well as the amount of time you will miss from work due to medical treatments. But, it's not unusual for settlements from truck accidents to be worth millions of dollars.