20 Top Tweets Of All Time About Truck Accident Attorneys
Truck Accident Litigation
There are a lot of potential defendants in the litigation involving truck accidents. These defendants may include the driver of the truck and their employer, as well as a company that manufactured 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. Personal injury attorneys with experience will be able to verify the data contained in log books.
Investigation of the Scene
If a car accident happens the first step in an investigation is to collect evidence physically and take pictures. Truck accidents are not the same. There are more aspects to consider. Trucks are often carrying dangerous goods, 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 is also more time consuming, and it requires the help of experts in different fields. Luckily, a reputable lawyer can connect you to the most qualified people for this job.
Eyewitness interviews are a vital part of a thorough accident investigation. It also requires the help of experts who can determine what happened on the physical evidence that is collected. This information is vital in the case of a defendant being held 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 on the safety policies of the trucking company maintenance protocols, policies for maintenance, and training procedures. The background of the driver is important. This includes any previous incidents, reprimands or drug/alcohol tests results.
Another source of evidence to look for is the information from the truck's black box. These devices are similar to the ones that are installed in airplanes, and are able to provide a lot of information on the circumstances of the accident. Your lawyer must request this information as soon as you can, since it could disappear over time due to weather conditions or the passing traffic.
A lawyer should also gather medical records of the victims. These records will show that the injuries sustained in the accident have triggered long-lasting and substantial damage. It is essential to keep these documents together with any notes from a doctor and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the victim and the trucking company. However, there are some that are not and must be taken to the court. Expert witnesses play an important role. They are experts who have the knowledge, training and expertise to review the evidence in your case and provide their opinions to the jury. They can explain complex mechanical, physical, medical and economic concepts that most jurors have little or no understanding of.
Based on the type of expert witness required, they can range from as simple as a car mechanic who can determine why your vehicle was damaged during the accident and metallurgists that can conduct a failure analysis of a specific truck part, or pathologists who can determine the causes of death. They could be required to look into and testify on particular elements of your case, like the force or the crash and the velocity of the vehicle, or the accident reconstruction.
Medical experts are also called upon to determine the severity and extent of your injuries. Insurance companies will often contest the claim that you exaggerate your injuries or the fact that these were pre-existing injuries and that the accident didn't cause any additional harm. In these instances the attorney could call in an independent expert to refute the claims of the insurance's doctor.
Finally, an expert witness can be crucial to proving that the trucker involved in the accident was negligent in some way. Expert witnesses will utilize their knowledge to assist the jury in understanding how the truck driver was unable to perform his or her job, the consequences this negligence caused and the financial consequences that resulted from the negligence for you.
GPS Tracking
When truck accidents occur, it is not uncommon for their victims to suffer serious injuries. They need financial assistance to deal with medical expenses loss of wages, pain and suffering and other associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserve.
GPS tracking is among the most effective methods used in cases of accident. These devices are a standard of the trucking industry and usually include a range of vital information that can be used to determine liability. A Qualcomm system, for example provides important data on speed, braking engine 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.
Other valuable pieces of information from a truck accident case could be records from the trucking company's telematics software and dash cams. Telematics is the collection of data gathered by a vehicle's onboard computer. It's used for fleet driver coaching and also to record incidents. It can contain important data like speed, harsh brakes, usage of phones and more. This information can be compared with the log books of the truck drivers to determine if accurate records were kept.
A fax report of any communications regarding the trip prior to the accident is also vital. This can include information about the route and destination, any stops during the journey, and even a record of any messages between the driver of the truck and the company. A skilled personal injury lawyer could use this evidence to prove that the trucker was distracted, not following safe procedures, or taking unnecessary risks.
If the victim of a car accident can prove that the trucking company or driver or any other defendants, failed to perform their duty of care and triggered the collision and caused the accident, they should be accountable for any injuries suffered due to the collision. Plaintiffs must show that the defendants violated a law or regulation, and that this violation caused harm. It is much easier to prove that a breach of an traffic law was negligent however, Federal regulations require a more thorough analysis.
The process of negotiating a settlement
In many cases victims of truck accidents can settle their claim without having to go to trial. The process of reaching a settlement involves discussing the details of your case with an insurance provider and determining the amount you are entitled to under the law of your state. A lawyer for truck accidents can assess your injuries and document the losses you have suffered due to them, in order to determine the worth of your case. The attorney can take the findings of similar cases involving similar truck accidents as well as the amount of compensation that juries have awarded victims in comparable situations to determine a fair settlement amount.
Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you get is sufficient to cover the damages you have acknowledged. This will include any money you have lost because you were unable to work to receive treatment for your injuries. Lawyers can assist you in submitting evidence for these losses including old pay statements. If your injuries hinder you from returning to your previous job, you may also be entitled to compensation.
Insurance companies typically begin the conversation by offering an offer that is low. This technique is used to gauge the level of urgency you have to settle your case. This can have a negative impact on the value of your claim. boise city truck accident attorney who is well-informed can avoid being deceived by remaining calm and not giving in to pressure to accept an offer that is not satisfactory.
Once your lawyer has agreed to an acceptable settlement amount, they will send a settlement demand in writing to the at-fault party that must be addressed within 30 days or your rights to pursue the responsible party in court will be forfeited. In some instances a trucking company will refuse to negotiate and your lawyer will bring a lawsuit against the negligent party.
It is impossible to give an estimate of the value of a truck accident settlement since each situation is unique. For example the severity of injuries and the amount of time you'll be away from work to receive medical treatment are some of the factors that differ. But, it's not unusual for settlements from truck accidents to be in the millions.