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Truck Accident Litigation There are a myriad of potential defendants in the litigation involving truck accidents. They could include the driver of the truck as well as their employer, as in addition to a company which 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 the cause of an accident occurred. Personal injury lawyers with years of experience can match the data in log books. Investigation of the Scene If a car accident happens the first step of an investigation is to gather evidence in physical form and take photographs. However, in the case of truck accidents, there are many more aspects to be considered. Trucks are often carrying dangerous products and even a minor incident can result in fatal or serious injuries. This is why the investigation process is more complex than a typical car accident. It takes more time and requires the assistance of experts from different fields. A qualified lawyer can help you find the right professionals to handle this work. Interviewing eyewitnesses is an essential part of a thorough truck accident investigation. Experts are also needed to reconstruct the accident using the physical evidence. This is essential in making a defendant accountable for the occurrence. A lawyer should also ask the trucking company and driver for any information that might be relevant to the case. This could include information on the safety policies of the trucking firm, maintenance protocols, and training procedures. Also, the history of the truck driver is vital, such as any past incidents, reprimands, or results of a drug/alcohol test. Another source of evidence to collect is the data from the truck's black box. These devices, which are like those used in planes, could provide many details about the accident. Your lawyer should get this information as soon as possible, as it could disappear over time due to weather conditions or passing traffic. Finally, an attorney should also collect medical records from the victims of the crash. These records will prove that the injuries sustained in the crash have caused substantial and lasting damage. It is vital to preserve these documents, as well as any medical notes or treatment plans that are available. Expert Witnesses While most truck accidents end up in an agreement between the insurance company and the party who was injured however, some don't and must be heard in court. This is where expert witnesses play a key role. They are professionals who have the training, knowledge, and expertise to evaluate the evidence in your case, and present their views to the jury. They can explain complicated medical, physical, mechanical and economic concepts that most jurors have little or no understanding of. Depending on the type of expert witness required, they could be as basic as a mechanic who will determine the reason your vehicle was damaged in the crash or metallurgists who conduct a failure analysis of the specific part of your truck, or pathologists who can determine the cause of death. They may be required examine and testify on particular elements of your case, like the force or crash, the vehicle velocity, or the accident reconstruction. Another important area where expert witnesses are called in is for medical experts to verify the severity of your injuries. Insurance companies typically contest this issue, claiming you exaggerate the severity of your injuries or that these were pre-existing conditions and that the accident did not cause any further harm. In these situations, your attorney will call in an independent medical expert to contest the doctor's testimony for insurance companies. Lastly an expert witness can be crucial when it comes to proving that the trucker involved in the accident was negligent in any way. They will use their knowledge to assist jurors in understanding the truck driver's omission to complete his or her job and the financial repercussions caused by that failure, and how that failure affected you. GPS Tracking It is not uncommon to see victims of truck accidents sustain serious injuries. They deserve financial support to deal with medical expenses, lost wages, pain and suffering and other associated 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 are due. One of the most efficient technologies in any accident scenario is GPS tracking. These devices are a standard of the trucking industry and usually have a variety of important data that can be used to determine liability. A Qualcomm system provide, for instance, important information like speed, braking performance as well as engine performance and service hours. This information can be combined with other evidence, such as eyewitness accounts, to reconstruct the scene of an accident. Dash cams as well as telematics records could be helpful in the event of a truck crash. Telematics is the collection of information gathered by an automobile's onboard computer. It is used for fleet driver coaching and also to record incidents. The data can include speed, harsh braking, and phone usage. This information can be compared with the log books of truck drivers to determine if they had accurate records were kept. Another important piece of information is any fax messages which may have been sent regarding the journey prior to the accident. It could contain information regarding the route and destination, as well as any stops along the way, and even the details of any communications between the driver of the truck and the company. An experienced personal injury attorney can use this to prove that the trucker was distracted, followed unsafe procedures, or taking unnecessary risks. If a person injured in a collision with a truck can prove that the trucking company, driver, or any other defendants failed to fulfill their duty of care and caused the collision and resulted in the collision, then they should be accountable for any injuries incurred due to the collision. Plaintiffs must show that defendants violated a law or regulation, and that this violation caused harm. It is much easier to prove that a breach of the traffic law was wrongful however, Federal regulations require a more detailed analysis. The process of negotiating a settlement In many instances truck accident victims can settle their claim without going to trial. The process of reaching settlement is to discuss the details of your case with an insurance company and determining the amount you are entitled to under the law of the state. A lawyer for truck accidents will evaluate your injuries and document your losses that result from them to determine the value of your case. The attorney can use the results of other similar cases of truck accidents and how juries have rewarded victims in similar circumstances to decide on a fair settlement amount. Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you get will adequately cover the damage you've acknowledged. This will include any money you've lost as a result of missing work to seek treatment for your injuries. The lawyer can assist in submitting the necessary documentation for these losses including old pay statements. If greenville truck wreck lawyer 're not able to return to the same sort of job because of your injuries, you may be entitled to compensation for the loss of future earning capacity as well. Insurance companies will often start the conversation by making an offer that is low. This method is used to determine how eager you are to settle your claim and could have a negative impact on the value of your claim. A seasoned attorney can prevent being judged low-balled by staying neutral and refusing to give in to pressure to accept a poor settlement. Once your lawyer has reached an acceptable settlement amount, they will send a written demand for settlement to the responsible party, which must be answered within 30 days, or your right to sue the responsible party in court will be forfeited. In some instances a trucking company will refuse to negotiate and your attorney will pursue a lawsuit against a negligent party. It is impossible to provide an estimate for how much an accident settlement for a truck is worth because each individual case is unique and has its own factors like the degree of your injuries, as well as the length of time you will miss working to undergo medical treatments. Settlements for truck accidents can range from millions of dollars.