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Truck Accident Litigation Truck accident litigation involves a wide range of potential defendants. These defendants may include the driver of the truck as well as their employer, as well as a company that produced defective equipment or a contractor who improperly loaded cargo. 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 with years of experience will be able to match the data in log books. Investigation of the Scene In the case of a car accident the first thing to do is collect evidence. The causes of truck accidents differ. There are a variety of aspects to consider. Trucks are typically carrying dangerous items and even a minor accident can cause serious or fatal injuries. This is why the investigation process is more complicated than that of a normal car accident. It takes more time and requires the help of experts from a variety of fields. Fortunately, a qualified lawyer can connect you with the most qualified people to do this job. Interviewing eyewitnesses is a crucial part of a thorough truck accident investigation. It also requires the assistance of experts who can reconstruct the events that led to the accident based on the physical evidence that is collected. This is essential in holding a defendant responsible for the incident. Additionally, an attorney must request any details from the truck driver and the company that could be relevant to the case. This could include information about the safety policies of the trucking company or training procedures, as well as maintenance protocols. The past history of the driver is also important. This includes any past incidents, reprimands or drug/alcohol test results. Another piece of evidence to collect is the data from the black box in the truck. These devices are similar to ones found in airplanes, and they can provide a lot of information on how the accident happened. The information you need should be requested as soon as possible by your attorney, as it may disappear in time because of the elements or traffic. Additionally, an attorney should also collect medical records from the victims of the crash. These records will aid in proving that the injuries suffered during the crash resulted in significant and long-lasting damage. It is important to keep these documents, together with any doctor's notes and treatment schedules. Expert Witnesses The majority of truck accidents are settled between the insurance company, the injured party and the trucking company. However, there are some that are not and must be taken to court. Expert witnesses are vital in these cases. They are professionals with the training, knowledge, and expertise to evaluate the evidence in your case, and then provide their opinion to the jury. They can explain complex medical, physical, mechanical and economic concepts that many jurors are not aware of or have no understanding of. Expert witnesses can range from a straightforward car mechanic to a metallurgist who will evaluate the failure of a truck component or a pathologist to determine what caused the death. They may be required to examine and testify to particular elements of the case, such as the force or crash and the velocity of the vehicle, or the reconstruction of the accident. Another area in which experts are consulted is for medical experts to confirm the severity of your injuries. This is a subject that can be heavily contested by insurance companies as they will try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause them any additional damage. In these cases your lawyer may bring an independent expert to challenge the testimony of the insurance doctor. In the end an expert witness can be essential when it comes to showing that the truck driver involved in the accident was negligent in some way. They can use their expertise to help the jury comprehend the truck driver's failure to perform his or her duties, the financial consequences which resulted from this failure and how that lack of performance affected you. GPS Tracking When accidents with trucks occur it is not uncommon for victims to suffer serious injuries. They deserve financial support to cover medical expenses loss of wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserved. One of the most efficient technological tools in any accident case is GPS tracking. These devices are a common feature of the trucking industry and usually contain a range of vital information that can be used to determine the liability. A Qualcomm system, for example can provide crucial information including speed, braking engine performance, and hours of service. This can be combined with other evidence like eyewitness testimony to reconstruct the scene of the crash. Other valuable pieces of information in a truck crash case could be records from the trucking company's telematics software and dash cameras. Telematics is a set of information gathered by a vehicle's onboard computer. It is utilized for coaching fleet drivers and also to record incidents. This may include crucial data like speed, harsh brakes, phone usage and more. This can be compared with the log books of the truck drivers to determine whether accurate records were maintained. A fax report of any communications regarding the trip prior to the accident is also crucial. This can include information about the travel route and its destination, any stops along the way, and even the details of any communications between the driver of the truck and the company. This information can be used by an experienced personal injury lawyer to show that the truck driver was distracted or ignoring safety procedures. When a truck accident victim is able to prove that the trucking company, truck driver, or any other defendants failed to adhere to their duty of care and caused the accident and the victim should be held responsible for any injuries that may have occurred as a result. To prevail, the plaintiff must show that the defendant acted in violation of the law or regulation and this breach directly caused harm. mesa truck accident lawyer is simpler to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a much more complex analysis. The process of negotiating a settlement In many cases truck accident victims can settle their claim without going to trial. In order to negotiate a settlement, you'll be required to discuss the circumstances of your accident with the insurance company. This is the amount you are entitled under the law of your state. A truck accident lawyer can assess your injuries and document your losses due to them, in order to determine the value of your case. The attorney can draw on the results of similar cases of truck accidents and how juries have awarded victims in similar situations to determine a fair settlement amount. Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get is adequate to cover the losses acknowledged. This includes any money you've lost as a result of missing work to receive treatment for your injuries. Lawyers can assist in submitting documentation for these losses, including old pay stubs. If you're unable to return to the same sort of job due to the injuries you sustained, you could be entitled to compensation for loss of future earning capacity as well. Insurance companies typically start the conversation by offering an offer of low value. 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 seasoned attorney can prevent being mistreated by remaining at peace and not giving in to pressure to accept an inadequate settlement. Once your lawyer has agreed to a reasonable settlement amount, they'll make a written demand for settlement to the party responsible for the fault that must be addressed within 30 days, or your right to pursue the responsible party in court will be revoked. In certain cases trucking companies will not negotiate and your attorney will start a lawsuit against the negligent party. It is impossible to give an estimate of the value of a truck accident settlement as each case is different. For instance the severity of the injuries and the length of time you'll miss work to receive medical treatment are factors which can be different. Settlements from truck accidents can amount to millions of dollars.