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Truck Accident Litigation There are many potential plaintiffs in litigation over truck accidents. They 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 have event data recorders (also known as black boxes) that can assist investigators in determining what caused the crash occurred. Personal injury lawyers who have experience can match the data in log books. Investigation of the Scene If a car accident happens, the first step in an investigation is to gather physical evidence and take pictures. Truck accidents are not the same. There are more factors to consider. Trucks often transport dangerous items and even a minor accident could cause serious or fatal injuries. This is because the investigation process is more complex than a typical car accident. It takes more time and requires the help of experts from different areas. Fortunately, a qualified lawyer can help you connect with the best people to do this job. An exhaustive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the site of the crash. It also requires the assistance of experts who can determine the circumstances of the crash based on the evidence gathered. This information is crucial in the case of a defendant being held accountable for the incident. Additionally, the attorney should request any information from the truck driver and the company that could be relevant to the case. This could include information regarding the safety guidelines of the trucking company, maintenance protocols, and training procedures. The background of the driver is also crucial. This includes any previous incidents, reprimands and drug/alcohol test results. Another source of evidence to be gathered is the data from the truck's black-box. These devices, which are similar to those used in planes, can provide lots of details regarding the incident. Your lawyer should get this information as soon as possible, as it could disappear over time because of the elements or the passing traffic. The attorney must also collect medical records from the victims of the crash. These documents will help prove that the injuries sustained during the crash caused significant and long-lasting damage. 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 person who was injured and the trucking company. However, some don't and have to be taken to court. Expert witnesses play an important role. They are professionals with the education and experience to assess the evidence in your case, and then offer their opinion to jurors. They can explain complex mechanical, physical, medical, and economic concepts that many jurors have little or no knowledge of. 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 crash and metallurgists that can perform a failure analysis on the specific part of your truck, or pathologists who can determine the reason for death. They may be required to investigate and testify about particular aspects of the case, such as the force or crash, the vehicle velocity, or the reconstruction of the accident. Another area in which experts are consulted is for medical experts to verify the severity of your injuries. This is a subject that is frequently contested by the insurance company, as they may try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause any further damage. In these instances your lawyer may bring an independent expert who will challenge the testimony of the insurance doctor. Additionally, an expert witness can be crucial to showing that the truck driver involved in the accident was negligent in some way. They will use their expertise to help the jury understand how the truck driver failed to do his or her job, what the failure led to and the financial implications of this negligence for you. GPS Tracking When accidents with trucks occur, it is not unusual for victims to suffer serious injuries. They deserve compensation for medical expenses, lost wages, suffering and other expenses. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients. One of the most useful tools in any accident scenario 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 liability. A Qualcomm system, for instance provides important information on speed brake, engine performance and hours of service. This information can be combined 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 program and dash cameras. Telematics involves the collection of data that is gathered by a vehicle's onboard computer. The data can be used to instruct fleet drivers and to record incidents. This may include crucial details like speed, rough braking, phone usage and more. This information can be compared with the log books of the truck drivers to see if accurate records were kept. A fax report of any communication regarding the trip prior to the accident is equally important. It could contain information regarding the route and destination, any stops along the way, and even a record of any messages between the truck driver and the company. An experienced personal injury lawyer could use this evidence to prove that the truck driver was distracted, not following safe procedures, or taking unnecessary risks. If a truck accident victim can prove that the trucking company, driver or any other defendants, did not meet their duty of care and caused the accident, then they should be held accountable for any injuries suffered as a result. To prevail, the plaintiff must prove that the defendant acted in violation of any law or regulation, and that the breach directly caused harm. It is much easier to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a more complicated analysis. The process of negotiating a settlement In many instances, truck accident victims are able to settle their claims without going to court. The process of reaching a settlement involves discussing the facts of your situation with an insurance company including the amount you are entitled to under the law of your state. An experienced truck accident attorney can evaluate your injuries and record the losses you have suffered as a result of the accident to determine your case is worth. The attorney will then be able to use the results of similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar circumstances to determine an acceptable settlement amount. Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive adequately covers the documented damages. This includes any money you've lost because you were unable to work to get treatment for your injuries. The lawyer can help you document the losses, including old pay stubs. If antioch truck accident lawyer to return to the same type of job due to your injuries, you may be eligible for compensation for the loss of future earning capacity as well. Insurance companies often begin the discussion with an offer that is low. This technique is used to gauge how eager you are to settle your claim and can have a negative impact on the value of your claim. A lawyer who is knowledgeable is able to avoid being mistreated by remaining calm and never allowing pressure to accept any settlement that isn't adequate. After your lawyer has agreed to an amount that is fair then they will mail the at-fault person an email request for settlement. The party must reply within 30 days, or else you lose your right to take them to court. In some instances, a trucking company will refuse to negotiate, and your lawyer will start a lawsuit against the negligent party. It is not possible to provide an estimate of what the settlement from a truck accident is worth as each case is unique and has its own factors like the extent of your injuries and the length of time you will miss from work due to medical treatments. But, it's not unusual for settlements from truck accidents to reach millions of dollars.