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Truck Accident Litigation There are a myriad of potential defendants in truck accident litigation. They could include the truck driver and their employer, as well as a producer who produced defective equipment, or a contractor who loaded cargo improperly. Many trucks have event data recorders (also called black boxes) that can assist investigators in determining what caused an accident occurred. Professional personal injury attorneys be able to connect this information with log books. Investigation of the Scene If a car accident happens the first step of an investigation is usually to collect evidence physically and take photographs. Truck accidents are different. There are more aspects to consider. For example, trucks are often transporting dangerous products, and even a relatively minor crash 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 help of experts from a variety of fields. Fortunately, a lawyer who is qualified can help you connect with the best people to do this job. A thorough truck accident investigation involves interviewing eyewitnesses and visiting the site of the accident. Experts are also required to reconstruct the crash using the physical evidence. This information is crucial in finding a defendant accountable for the accident. A lawyer must also inquire of the trucking company and the driver for any information they believe to be relevant to a particular case. This could include information about the safety policies of the trucking company, training procedures, and maintenance protocols. The history of the driver is important. This includes any prior incidents, reprimands or drug/alcohol tests. Another piece of evidence to gather is the data from the black box of the truck. These devices are similar to the ones that are installed on airplanes and can provide a great deal of information regarding the circumstances of the accident. Attorneys must request this information as soon as you can, since it could fade over time due to the elements or passing traffic. In addition, the attorney must also collect medical records from the victims of the crash. These documents will help prove that the injuries suffered during the crash caused significant and long-lasting damage. It is crucial to save these documents, as well as any doctor's notes or treatment schedules that are accessible. Expert Witnesses Most truck accidents are settled between the insurance company, the victim and the trucking company. However, there are some that don't and have to be brought to court. Expert witnesses play an important role. They are professionals who have the training, knowledge, and expertise to evaluate the evidence in your case, and then provide their opinion to the jury. They can explain complicated mechanical, physical, medical, and economic concepts that the majority of jurors lack understanding of. Depending on the kind of expert witness required they can be as simple as a mechanic who can figure out why your vehicle was damaged during the accident, to metallurgists who can do a failure analysis on an individual truck component or pathologists who determine the causes of death. They may be required to look into and testify on specific elements of your case, such as the force of the crash and the velocity of the vehicle, or the reconstruction of the accident. Another area in which expert witnesses are called in is to help medical experts verify the severity of your injuries. This is a subject that can be heavily contested by insurance companies as they attempt to claim that you're exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional harm. In these instances, your attorney may call an independent expert to counter the insurance's doctor's testimonies. Finally an expert witness could be crucial to showing that the truck driver involved in the accident was negligent in any way. They can use their expertise to help the jury understand the reasons why the truck driver was unable to perform his or her job, what that failure caused, and the resulting financial consequences that resulted from the negligence for you. GPS Tracking It is not uncommon for victims of accidents involving trucks suffer serious injuries. They deserve financial assistance to pay medical expenses, lost wages, pain and suffering and other related costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserved. One of the most useful tools in the event of an accident is GPS tracking. These devices are utilized by the trucking industry and typically contain a variety of vital information which can assist in determining responsibility. A Qualcomm system, for example, can provide important information on speed brake engines performance and hours of service. This can be used in conjunction with other evidence, such as eyewitness testimony to reconstruct the scene of the crash. Dash cams and telematics data could also prove useful during a truck collision. Telematics is the collection of data gathered by the vehicle's onboard computer. The data is used to instruct fleet drivers and to record incidents. This can include important details like speed, rough braking, phone usage and more. This can be compared against the log books of the truck driver to determine if the correct records were maintained. A fax recording of any communication regarding the trip before the accident is also crucial. This can include information about the route and destination, as well as any stops along the way, and even the record of any communication between the truck driver and the company. This information can be used by an experienced personal injury lawyer to show that the truck driver was distracted or ignoring safety procedures. If a victim of a truck crash can prove that the trucking company or driver, or any other defendants, failed to fulfill their duty of care and triggered the collision then they must be accountable for any injuries sustained as a result. Plaintiffs must prove that the defendants violated a law or regulation, and that this violation caused harm. It is much easier to show that a violation of an traffic law was negligent however, Federal regulations require a more detailed analysis. Negotiating a Settlement In many instances the truck accident victim is able to settle their case without going to trial. To reach an agreement, you'll need to discuss the facts of your accident with the insurance company. escondido truck accident law firm includes the amount that you are entitled to under state law. A truck accident lawyer can assess your injuries and document your losses in order to determine the worth of your case. The lawyer can then utilize the results of similar truck accident lawsuits and how juries awarded victims in similar situations to establish a reasonable settlement amount. Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This includes any amount you've lost as a result of missing work to receive treatment for your injuries. The lawyer can assist you submit documentation for these losses, which could include former pay stubs. If your injuries prevent you from returning to the same job, you may also be eligible for compensation. Insurance companies usually begin the conversation by offering a low offer. This method is used to determine how eager you are to settle your case. This could have a negative impact on the value of your claim. A knowledgeable attorney can avoid being judged low-balled by staying neutral and refusing to give in to pressure to accept an inadequate settlement. After your lawyer has reached a reasonable settlement amount, they'll send a settlement demand in writing to the party at fault that must be addressed within 30 days or your rights to pursue the responsible party in court will be revoked. In some cases, a trucking company 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 crash settlement because each situation is unique. For instance, the severity of the injuries and the length of time you will be away from work to receive medical treatment are factors that can vary. Settlements from truck accidents can amount to millions of dollars.