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Truck Accident Litigation There are a lot of potential plaintiffs in litigation over truck accidents. The defendants could include the driver of the truck as well as their employer, as in addition to a company which produced defective equipment or a contractor who loaded cargo incorrectly. Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining why an accident occurred. Professional personal injury attorneys know how to match this information with log books. Investigation of the Scene In the event of a car crash, the first thing to do is collect evidence. When it comes to truck accidents there are a variety of aspects to be considered. Trucks are often carrying dangerous items and even a minor accident can cause serious or fatal injuries. Because of this, the investigation process is more complicated than a typical car accident. It is also more time consuming, and it requires the assistance of experts in different fields. Fortunately, a lawyer who is qualified can connect you with the best people to do this job. An extensive investigation into a truck accident involves interviewing eyewitnesses and going to the site of the accident. It also requires the assistance of experts who can determine the circumstances of the crash based on the physical evidence that is collected. This information is crucial to making a defendant accountable for the accident. Additionally, an attorney should seek any details from the truck driver and the company that might be relevant to the case. This could include information about the safety guidelines of the trucking company, maintenance protocols, and training procedures. The history of the driver is important. This could include any previous incidents, reprimands or alcohol/drug tests results. The data gathered from the black box of the truck is another source of evidence that must be gathered. These devices are similar to the ones that are installed in airplanes, and are able to provide a lot of details about how the accident happened. Your attorney must ask for this information as fast as possible, as it could fade over time because of the elements or the passing traffic. A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained in the crash have caused long-lasting and extensive damage. It is important to keep these documents along with any doctor's notes and treatment schedules. Expert Witnesses While the majority of truck accidents result in a settlement between the insurance company and the victim but some do not and must be heard in the court. Expert witnesses play an important role. They are professionals with the knowledge, training and experience to assess information in your case and then present their findings to the jury. They can explain complicated mechanics, medical concepts, and economic concepts to jurors with little or no knowledge of them. Expert witnesses could range from a simple car mechanic to a metallurgist who can examine the failure of a truck part or a pathologist who can determine what caused the death. They could also be required to examine and testify about particular aspects of your case, like the force of the collision or the vehicle's speed, or accident reconstruction. Medical experts are also called upon to verify the extent and severity of your injuries. This is an area that can be heavily contested by the insurance company since they try to argue that you are exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any additional damage. In pasadena truck accident lawyer will call an independent medical expert to challenge the testimony of the insurance company's doctor. In the end an expert witness could be essential when it comes to finding out that the trucker at fault in the accident was negligent in a certain way. They can use their expertise to help the jury understand the reasons why the truck driver did not perform his or her job, the consequences this failure has caused and the financial repercussions of the negligence for you. GPS Tracking When accidents with trucks occur it is not uncommon for victims to sustain serious injuries. They are entitled to compensation for medical expenses, lost wages, suffering and other expenses. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients. One of the most effective technologies in the event of an accident is GPS tracking. These devices are a staple of the trucking industry and often have a variety of important information that could be used to determine the extent of liability. A Qualcomm system, for instance can provide crucial information including speed, braking, engine performance and hours of service. This information can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash. Dash cams and telematics data can also be useful in the event of a truck accident. Telematics is the gathering of data collected by a vehicle’s onboard computer. This data is used to instruct fleet drivers and to record incidents. This data could include speed, harsh braking and phone usage. It can be compared with the truck driver's log books to see whether accurate records were recorded. A fax record of any communication regarding the trip before the accident is also vital. This could include information on the route and destination, as well as any stops along the way, or even the record of any communication between the truck driver and the company. This can be used by a skilled personal injury lawyer to show that the trucker was distracted or following unsafe procedures. When a victim of a car accident can prove that the trucking company, truck driver, or any other defendants failed to adhere to their duty of care and caused the accident, they should be held responsible for any injuries sustained due to. To win a case, the plaintiff must show that the defendant acted in violation of the law or regulation and that this violation directly caused harm. It is much 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 cases, truck accident victims are able to settle their claims without having to go to court. To reach an agreement, you'll have to discuss the details of your crash with the insurance company. This includes the amount to which you are entitled to under the law of your state. A skilled attorney in truck accidents can assess your injuries and document the damages you have suffered as a result of the accident to determine much your case is worth. The attorney can then apply the results from other similar truck accident lawsuits and the amount of compensation juries awarded victims in similar circumstances to determine a reasonable settlement amount. Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you receive will adequately cover the damage you've that are documented. This includes any amount you've lost because of your inability to work to get treatment for your injuries. Lawyers can assist you with submitting documentation to prove the losses you suffered, including old pay bills. If your injuries stop you from returning to the same job, you may also be entitled to compensation. Insurance companies often begin the conversation by making a low-ball offer. This is a tactic used to gauge how desperate you are to negotiate a settlement and could affect the value of your case. An experienced 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 an amount that is fair and fair, they will send the person who is at fault an official demand for settlement. The party must reply within 30 days, or you'll lose your right to pursue them in court. In some instances the trucking company could refuse to negotiate. Your attorney will then file a lawsuit on behalf of the negligent party. It is impossible to give an estimate of the value of a truck accident settlement because each situation is unique. For example, the severity of the injuries and the length of time you'll be off from work to receive medical treatment are some of the factors that vary. But, it's not unusual for settlements in truck accidents to be in the millions.