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Truck Accident Litigation Truck accident litigation covers numerous possible defendants. These defendants could include the driver of the truck and their employer, as also a company that manufactured defective equipment, or an individual contractor who loaded cargo incorrectly. Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining what caused the crash occurred. Personal injury attorneys with experience will be able to verify the information in log books. Investigation of the Scene In the case of a car accident the first thing to do is collect physical evidence. Truck accidents are different. There are many other factors to consider. Trucks often transport dangerous products and even a minor collision can cause serious or fatal injuries. The investigation process is therefore more complicated than a typical car accident. It takes longer and requires the help of experts from various fields. Luckily, a lawyer with experience can connect you to the best people for this task. A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and visiting the scene of the crash. Experts are also needed to reconstruct the crash using the physical evidence. This information is crucial to the case of a defendant being held accountable for the occurrence. In addition, the attorney must request any information from the truck driver and the company that might be relevant to the case. This could include information on the safety guidelines of the trucking company maintenance protocols, as well as training procedures. Also, the background of the truck driver is important, such as any past incidents, reprimands, or results of a drug/alcohol test. Another source of evidence to be gathered is the data from the black box in the truck. These devices, similar to those installed in planes, could provide a lot of information about the accident. Attorneys must seek this information as quickly as possible, as it could disappear over time due to weather conditions or traffic. In addition, the attorney must also collect medical records from the victims of the crash. These records will aid in proving that the injuries sustained during the crash caused a significant and lasting injury. It is essential to keep these documents together with any notes from a doctor and treatment schedules. Expert Witnesses Most truck accidents are settled between the insurance company, the injured party and the trucking company. However, there are some that do NOT and must be taken to the court. Expert witnesses are crucial in these cases. They are professionals with the expertise, education and expertise to review information in your case and then provide their opinion to the jury. They can explain complex medical concepts, mechanical theories and economic concepts to jurors who have very little or no knowledge of them. 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 or metallurgists who do a failure analysis on the specific part of your truck, or pathologists who can determine the reason for death. They could be required to investigate and testify about particular aspects of your case, such as the force or crash or the speed of the vehicle or the reconstruction of the accident. Another important area where experts are brought in is for medical experts to determine the severity of your injuries. Insurance companies often challenge this area, claiming that you exaggerate your injuries, or that they were pre-existing issues and that the accident didn't cause any additional damage. In these cases the lawyer will call an independent medical expert who will challenge the testimony of the insurance company's doctor. Lastly, an expert witness can be vital when it comes to proving that the trucker who was involved in the accident was negligent in any way. They will use their knowledge to help the jury understand the truck driver's failure to perform his or her duties and the financial consequences that resulted from that failure, and how that failure affected you. GPS Tracking When accidents with trucks occur, it is not uncommon for victims to sustain serious injuries. They must be compensated for medical bills, lost wages and suffering, in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserved. One of the most effective pieces of technology in any case of accident is GPS tracking. These devices are a standard of the trucking industry and frequently include a range of important data that can be used to determine the extent of liability. A Qualcomm system can provide, for instance, important information, such as speed of braking engines performance, speed, and service hours. This information can be paired with other evidence, like eyewitness accounts, to reconstruct the scene of an accident. high point truck accident attorney of valuable information in a truck accident case may include records from the trucking company's telematics system and dash cams. Telematics is a set of information gathered by an automobile's onboard computer, which is used for fleet driver coaching as well as to record incidents. This may include crucial data like speed, harsh brakes, usage of phones and more. This can be compared against the log books of the truck driver to see whether accurate data was recorded. A fax report of any communications regarding the trip before the accident is equally important. This could include information about the route and destination, as well as any stops during the journey, and even the record of any communication between the driver of the truck and the company. A seasoned personal injury lawyer can use this to show that the trucker was distracted, ignoring safety procedures or taking unnecessary risks. If the victim of a car accident can prove that the trucking company, driver, or any other defendants, failed meet their duty of care, and caused the collision, then they should be accountable for any injuries incurred as a result. In order to win a case the plaintiff must show that the defendant violated an act or regulation and that the violation directly caused harm. It is much easier to show that a violation of a traffic law was negligent however, Federal regulations require a more intricate analysis. Negotiating a Settlement In many instances, truck crash victims are able to settle their claims without going to court. In order to reach a settlement, you'll be required to discuss the circumstances of your crash with the insurance company. This is the amount you are entitled under state law. A lawyer for truck accidents can evaluate your injuries and document the damages you suffered that result from them to determine the value of your case. The attorney will then be able to use the results from other similar lawsuits for truck accidents and how juries awarded victims in similar situations to calculate an appropriate settlement amount. Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive adequately covers your documented damages. This will include the amount you've paid because you were unable to work to get treatment for your injuries. Lawyers can assist you in submitting evidence for these losses, including old pay bills. If your injuries stop you from returning to the same job, you could be eligible for compensation. Insurance companies often begin the conversation by offering a low offer. 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 who is well-informed will avoid being slammed by remaining calm and not giving in to pressure to accept the terms of a settlement that are not adequate. After your lawyer has negotiated an amount that is fair, they will send the at-fault person an official demand for settlement. The party must reply within 30 days or you'll lose the right to bring a lawsuit against them in court. In some cases trucking companies will refuse to negotiate, and your attorney will start a lawsuit against the negligent party. It is not possible to provide a general estimate for how much a settlement for a truck accident is worth as each case is unique and has its own factors like the extent of your injuries and the amount of time that you'll be away from work for medical treatments. However, it is not uncommon for truck accident settlements to be worth millions of dollars.