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Truck Accident Litigation Truck accident litigation can involve a wide range of potential defendants. The defendants could include the driver of the truck as well as their employer as also a company that produced defective equipment or an individual contractor who improperly loaded cargo. Many trucks contain event data recorders, often referred to as black boxes, that can assist investigators in determining how the crash happened. Personal injury lawyers with experience will be able to verify the log book information with the accident. Investigation of the Scene If a car accident happens the first step of an investigation is usually to gather evidence in physical form and then take photographs. In the case of truck accidents, however there are a variety of things to consider. For example trucks are frequently transporting dangerous goods, and even a relatively minor crash could result in fatal or serious injuries. Due to this, the investigation process is more complicated than that of a normal car accident. It is also more time-consuming, and it requires the help of experts in various areas. Luckily, a reputable lawyer can help you connect with the most qualified people for this job. Interviewing eyewitnesses is a crucial element of a thorough truck accident investigation. It also requires the assistance of experts who can reconstruct how the accident happened based on the physical evidence gathered. This is essential in holding a defendant responsible for the occurrence. A lawyer should also contact the trucking firm and the driver for any information that could be relevant to the case. This could include information about the safety guidelines of the trucking company, training procedures, and maintenance protocols. The background of the driver is crucial. This could include any previous incidents, reprimands or drug/alcohol test results. The data gathered from the black box of the truck is a different piece of evidence that needs to be gathered. These devices, similar to those found in planes, can provide lots of details regarding the incident. Your attorney should seek this information as quickly as possible, as it could disappear over time due to weather conditions or the passing traffic. A lawyer should also collect medical records of the victims. These records will aid in proving that the injuries suffered during the crash caused substantial and lasting damage. It is crucial to keep these documents, along with any doctor's notes and treatment schedules. Expert Witnesses Most truck accidents are settled between insurance company, the victim and the trucking company. However, some don't and have to be taken to the court. This is where expert witnesses play a key role. They are professionals with the experience, knowledge and experience to assess information in your case and then provide their opinion to the jury. They can explain complex mechanical, physical, medical and economic concepts that a majority of jurors have little or no knowledge of. Depending on the type of expert witness needed, they could be as straightforward as a car mechanic who can figure out why your vehicle was damaged during the crash, to metallurgists who can conduct a failure assessment on the specific part of your truck or pathologists who determine the reason for death. They may also be needed to examine and testify about specific elements of your case such as the impact of the crash or the vehicle's speed, or reconstruction of the accident. Another crucial area where experts are called in is for medical experts to confirm the severity of your injuries. Insurance companies typically contest this issue, claiming you exaggerate your injuries or that these were pre-existing conditions and that the accident did not cause any additional damage. In these cases your lawyer will call an independent medical expert who will challenge the testimony of the insurance company's doctor. A witness who is an expert in the field can be extremely helpful in proving that a trucker was negligent. They will use their knowledge to help the jury comprehend the truck driver's failure perform his or her duties as well as the financial implications caused by that failure, and how that failure affected you. GPS Tracking When accidents with trucks occur it is not uncommon for their victims to sustain serious injuries. They must be compensated for medical expenses, lost wages, suffering as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight to get the compensation they deserve. One of the most beneficial pieces of technology in any accident scenario is GPS tracking. These devices are used by the trucking industry and typically contain a variety important data that help determine the the liability of the driver. A Qualcomm system can provide, for instance, crucial information like speed, braking performance engine performance, service hours. This can be used in conjunction with other evidence, like eyewitness testimony to help reconstruct the scene of the crash. Dash cams and telematics records could be helpful during a truck collision. Telematics involves the collection of data gathered by the vehicle's onboard computer. This data is used to coach fleet drivers and to record incidents. This data could include speed, harsh braking and phone usage. This information can be compared with the log books of the truck driver to determine whether accurate records were maintained. A fax report of any communication concerning the trip prior to the accident is equally important. This could include information about the route, destination, any stops along the way and any messages exchanged between the trucker and the company. An experienced personal injury lawyer could use this evidence to prove that the trucker was distracted, followed unsafe procedures, or taking unnecessary risks. If merced truck accident law firm can prove that the trucking company or driver or any other defendants, failed to meet their duty of care and triggered the collision, then they should be accountable for any injuries that occur as a result. To prevail, the plaintiff must prove that the defendant acted in violation of an act or regulation and this breach directly caused harm. It is easier to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a more intricate analysis. The process of negotiating a settlement In many instances, truck crash victims can settle their claims without going to court. To negotiate settlement, you'll need to discuss the specifics of your crash with the insurance company. This is the amount you are entitled under state law. A truck accident lawyer will evaluate your injuries and document your losses in order to determine the value of your case. Then, the attorney can take the findings of similar cases involving truck accidents and the amount of compensation that juries have awarded victims in similar circumstances to determine a fair settlement amount. Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately will cover your documented losses. This will include any money you've lost due to missing work to seek treatment for your injuries. The lawyer can assist in submitting documentation for the losses you suffered, including old pay stubs. If you're not able to return to the same kind of job because of the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well. Insurance companies often begin the conversation by offering an offer that is low. This is a common tactic to determine how desperate are to settle your case and could affect the value of your case. A lawyer with experience is able to avoid being mistreated by remaining calm, and not allowing pressure to accept the terms of a settlement that are not adequate. Once your lawyer has negotiated an acceptable settlement amount, they'll send a settlement demand in writing to the party at fault that must be addressed within 30 days or your rights to bring a lawsuit against the responsible party in court will be revoked. In some cases a trucking company will refuse to negotiate, and your lawyer will bring a lawsuit against the negligent party. It is impossible to provide an estimate of the worth of a truck accident settlement because each situation is unique. For instance the severity of injuries and how long you'll be off from work for medical treatment are some of the factors which can be different. Truck accident settlements can reach millions of dollars.