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Truck Accident Litigation There are a lot of potential defendants in the litigation involving truck accidents. It could include the truck driver and their employer, as well as a company that manufactured defective equipment or a contractor who 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 why an accident occurred. Personal injury attorneys with experience will be able to verify the data in log books. Investigation of the Scene In the case of a car accident the first thing to do is gather evidence. Truck accidents are not the same. There are other factors to take into consideration. Trucks often transport dangerous items and even a minor accident could cause serious or fatal injuries. The investigation process is therefore more complicated than a typical car accident. It takes longer and requires the assistance of experts from various areas. A lawyer with experience can help you locate the right professionals to handle this job. Interviewing eyewitnesses is a crucial component of a thorough accident investigation. Experts are also required to reconstruct the accident by analyzing the physical evidence. This information is crucial in holding a defendant responsible for the accident. Additionally, billings truck accident attorney should request any information from the trucking driver and company that may be relevant to the case. This could include details regarding the safety policies of the trucking company as well as training procedures and maintenance procedures. Also, the background of the driver of the truck is important including any previous incidents, reprimands or alcohol/drug test results. The data from the black box in the truck is another piece of evidence that needs to be collected. These devices, which are similar to those found in planes, may provide lots of details regarding the accident. Attorneys must get this information as soon as possible, as it could be lost due to weather or the passing traffic. A lawyer should also gather medical records of the victims. These documents will prove that the injuries suffered during the crash caused long-lasting and extensive 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 the insurance company, the person who was injured and the trucking company. However, there are some that are not and must be taken to court. Expert witnesses are critical in these cases. They are professionals who have the education and experience to analyze the facts in your case, and then give their opinion to the jurors. They can explain complex medical, physical, mechanical, and economic concepts that many jurors have little or no understanding of. Expert witnesses could vary from a basic car mechanic to a metallurgist that can analyze the failure of a truck part or a pathologist that can determine what caused the death. They might be required to investigate and testify about particular elements of your case, like the force of the collision or the speed of the vehicle or the accident reconstruction. Medical experts are also required to determine the severity and extent of your injuries. This is a subject which can be a major issue by insurance companies as they may try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause any further damage. In these cases, your attorney will call an independent medical expert to counter the claims of the insurance company's doctor. A witness who is an expert in the field can be very helpful in proving a truck driver 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 negligence caused, and the resulting financial consequences of that inattention for you. GPS Tracking When accidents with trucks occur it is not uncommon for victims to sustain serious injuries. They deserve financial support to pay medical expenses as well as lost wages, pain and suffering and other related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they are due. One of the most beneficial pieces of technology in the event of an accident is GPS tracking. These devices are a common feature of the trucking industry and usually come with a variety of vital information that can be used to determine the extent of liability. A Qualcomm system can, for instance, provide important information such as speed, braking performance, engine performance, and service hours. This information can be combined with other evidence, for instance eyewitness testimony to reconstruct the scene of the crash. Other important pieces of information in a car accident incident could include the records of the trucking company's telematics system and dash cameras. Telematics refers to the information gathered by a vehicle's onboard computer that is used to coach 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 determine if accurate records were recorded. Another important piece of information is any fax messages that may have been sent about the trip prior to the accident. This can include information about the travel route and its destination, any stops along the way, or even the details of any communications between the truck driver 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 risks that were not necessary. If a truck accident victim can prove that the trucking company, driver, or any other defendants, failed to perform their duty of care and caused the collision and resulted in the collision, then they should be held accountable for any injuries incurred as a result. To prevail, the plaintiff must show that the defendant violated any law or regulation, and that the violation directly caused harm. It is easy to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complicated analysis. The process of negotiating a settlement In many instances, truck accident victims can settle their claims without having to go to court. To reach settlement, you'll be required to discuss the circumstances of your accident with the insurance company. This is the amount you are entitled to under the law of the state. A lawyer who handles 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 will then be able to use the results of similar truck accident lawsuits and the way juries awarded victims in similar circumstances to determine an appropriate settlement amount. Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers the damages you have documented. This includes money you lost because you missed work to seek treatment for your injury. Lawyers can assist with submitting documentation to prove these losses including old pay receipts. If your injuries prevent you from returning to your previous job, you may also be entitled to compensation. Insurance companies will often start the conversation by making a low-ball offer. This is a typical tactic to determine how desperate you are to negotiate a settlement and can impact the value of your case. A lawyer with experience is able to avoid being mistreated by remaining calm, and never succumbing to pressure to accept an offer that is not satisfactory. After your lawyer has reached an amount that is reasonable then they will mail the person at fault a written demand for a settlement. The other party must respond within 30 days, otherwise you'll lose your right to sue them in court. In certain cases the trucking company may refuse to negotiate. Your lawyer will start a lawsuit on behalf of the party who was negligent. It is impossible to provide an estimate of the value of a settlement because each instance is unique. For instance the severity of injuries and the length of time you'll be away from work for medical treatment are factors that vary. However, it isn't unusual for settlements from truck accidents to be worth millions of dollars.