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Truck Accident Litigation Truck accident litigation covers a wide range of potential defendants. They may include the truck driver and their employer as well as a producer that manufactured defective equipment or a company that loaded cargo in a way that was not properly. Many trucks have event data recorders (also called black boxes) which can aid investigators in determining what caused the crash occurred. Personal injury attorneys with experience will be able to match the log book information with the accident. Investigation of the Scene In the case of a car accident, the first thing to do is collect evidence. Truck accidents are different. There are more factors to take into consideration. Trucks are often carrying dangerous goods and even a minor incident can cause serious or fatal injuries. Due to this, the investigation process is more complex than a typical car accident. It is also more time consuming, and it requires the help of experts in a variety of areas. A lawyer who is experienced can help you locate the right professionals to handle this task. The process of interviewing eyewitnesses is a vital component of a thorough accident investigation. Experts are also required to reconstruct the accident using the physical evidence. This is essential in making a defendant accountable for the incident. Additionally, the attorney should seek any information from the truck driver and the company that could be relevant to the case. This could include details regarding the trucking company's safety policies, training procedures, and maintenance protocols. Also, the history of the driver of the truck is crucial for any past incidents, reprimands, or test results for alcohol or drugs. The information contained in the black box of the truck is another element of evidence that should be collected. These devices are similar to the ones that are installed in airplanes, and they can provide a great deal of information about what caused the accident. The information you need should be requested as soon as you can by your attorney, because it could disappear over time due to the elements or passing 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 suffered during the crash caused substantial and lasting damage. It is essential to keep these documents, along with any medical notes or treatment schedules that are available. Expert Witnesses Although the majority of truck accidents result in an agreement between the insurance company and the party who was injured, some do not and must be tried in court. This is where expert witnesses play an important role. They are professionals with the expertise, education and expertise to review the evidence in your case, and provide their opinions to the jury. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors who have little or no knowledge of them. Expert witnesses could be anything from a simple car mechanic to a metallurgist who can determine the failure of a truck component or a pathologist that can determine what caused the death. They may be required to look into and testify on specific elements of your case, for instance the force or crash, the vehicle velocity, or the reconstruction of the accident. Medical experts are also required to evaluate the severity and extent of your injuries. bend truck accident attorney is an area that can be heavily contested by the insurance company since they may try to claim that you're exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any further damage. In these cases the attorney could call an independent expert to refute the testimony of the insurance doctor. Lastly, an expert witness can be crucial when it comes to showing that the truck driver involved in the accident was negligent in a certain way. They will use their expertise to help the jury understand the reasons why the truck driver was unable to perform his or her job, the consequences the failure led to and the financial implications of this negligence for you. GPS Tracking When truck accidents occur, it is not uncommon for their victims to sustain serious injuries. They deserve financial support for medical bills, lost wages, suffering and associated costs. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients. One of the most useful technological tools in any accident scenario is GPS tracking. These devices are employed by the trucking industry, and often contain a variety important data that help determine the responsibility. A Qualcomm system can, for instance, provide important information like speed of braking as well as engine performance and service hours. This information can be paired with other evidence, such as eyewitness testimony to reconstruct the scene of a crash. Dash cams and telematics data could also prove useful during a truck collision. Telematics is a collection of data gathered by a vehicle's onboard computer that is used for fleet driver coaching and to record incidents. The data can include speed, harsh braking and phone usage. This can be compared with the log books of truck drivers to determine if they had accurate records were recorded. Another important aspect is any fax messages which may have been transmitted regarding the trip prior to the incident. This can include the route, destination, and any stops made during the trip, as well as any messages exchanged between the trucker and the company. A skilled personal injury lawyer can use this to show that the trucker was distracted, followed unsafe procedures, or taking risks that were not necessary. If a victim of a truck crash can prove that the trucking company, driver or any other defendants, did not meet their duty of care and triggered the collision then they must be held accountable for any injuries suffered due to the collision. In order to win a case the plaintiff must show that the defendant acted in violation of the law or regulation and that the violation directly caused harm. It is easier to prove that a breach of a traffic law was negligent however, Federal regulations require a more detailed analysis. Negotiating a Settlement In many cases, truck accident victims can settle their claims without going to court. To reach an agreement, you'll need to discuss the specifics of your crash with the insurance company. This includes the amount to which you are entitled to under the law of your state. A truck accident lawyer can assess your injuries and document the damages you suffered in order to determine the value of your case. The attorney can then use the results of similar truck accident lawsuits and how juries awarded victims in similar situations to determine an acceptable settlement amount. Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately will cover your documented losses. This includes any money you have lost due to missing work to get treatment for your injury. The lawyer can help you provide evidence of these losses, which could include former pay statements. If you're unable to return to the exact same type of job due to the injuries you sustained, you could be entitled to compensation for the loss of future earning capacity as well. Insurance companies usually begin the conversation by making an offer that is low. This tactic is used to determine how desperate you are to settle your case. This can have a negative impact on the value of your claim. A lawyer who is experienced 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 agreed to an amount that is reasonable and fair, they'll send the person responsible for the fault an official demand for a settlement. The party must respond within 30 days or else you lose your right to bring a lawsuit against them in court. In some cases, the trucking company may refuse to negotiate. Your lawyer will initiate a lawsuit on behalf of the negligent party. It is impossible to give an estimate of the value of a settlement since each instance is unique. For example the severity of the injuries and the time you'll be off from work for medical treatment are factors that vary. Settlements for truck accidents can be millions of dollars.