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Truck Accident Litigation Truck accident litigation can involve a wide range of potential defendants. They could include the truck driver and their employer as well as a producer that manufactured defective equipment or a contractor who loaded cargo improperly. Many trucks are equipped with event data recorders, often referred to as black boxes, that will help investigators determine the reason the crash took place. hawthorne truck accident lawyer with experience will be able match the data in log books. Investigation of the Scene If a car accident happens the first step of an investigation is to gather physical evidence and take photographs. In the case of truck accidents, however there are numerous other things to consider. Trucks are often carrying dangerous products and even a minor accident can cause serious or fatal injuries. The process of investigation is more complex than the typical car accident. It takes longer and requires the help of experts from different fields. Fortunately, a lawyer who is qualified can connect you to the most qualified people to do this job. Interviewing eyewitnesses is a crucial part of a thorough accident investigation. It also requires the help of experts who can determine what happened on the physical evidence gathered. This information is crucial in the case of a defendant being held accountable for the incident. A lawyer should also contact the trucking company and the driver for any information that may be relevant to the case. This could include information on the safety policies of the trucking firm maintenance protocols, policies for maintenance, and training procedures. The history of the driver is crucial. This includes any prior incidents, reprimands or alcohol/drug test results. The information contained in the black box in the truck is an additional source of evidence that must be gathered. These devices, which are similar to those installed in planes, could provide an abundance of information regarding the incident. Your attorney must ask for this information as fast as you can, since it may disappear over time due to weather or passing traffic. The attorney should also obtain medical records from the victims of the crash. These documents will assist in proving that the injuries sustained during the crash caused significant and long-lasting damage. It is crucial to save these documents, along with any medical notes or treatment schedules that are accessible. Expert Witnesses Although the majority of truck accidents result in a settlement between the insurance company and the injured party Some do not, and need to be tried in court. Expert witnesses are crucial in these cases. They are professionals with the knowledge and training required to evaluate the information in your case, and then offer their opinion to jurors. They can explain complex mechanics, medical concepts and economic concepts to jurors with very little or no knowledge of them. Expert witnesses could be anything from a simple car mechanic to a metallurgist that can evaluate the failure of a part of the truck or a pathologist who will determine the cause of death. They might also be required to testify and examine specific aspects of your case, like the force of the crash or the vehicle's speed, or even the reconstruction of the accident. Medical experts are also required to verify the severity and extent of your injuries. Insurance companies often challenge this area, claiming that you exaggerate your injuries, or that they were pre-existing issues and that the accident did not cause any additional damage. In these situations, your attorney will call in an independent medical expert who will challenge the doctor's testimony for insurance companies. A witness who is an expert in the field can be extremely helpful in proving a trucker was negligent. They can use their expertise to assist jurors in understanding the truck driver's omission to fulfill his or her responsibilities as well as the financial implications caused by that failure and how that lack of performance affected you. GPS Tracking When accidents with trucks occur, it is not uncommon for their victims to sustain serious injuries. They need financial assistance for medical expenses loss of wages, suffering and associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserve. One of the most efficient technologies in any accident case is GPS tracking. These devices are employed by the trucking industry and typically contain a wide array of data that can help determine who is responsible. A Qualcomm system can provide important information, such as speed of braking engines performance, speed, and service hours. This information can be paired with other evidence, such as eyewitness testimonies, to reconstruct the scene of an accident. Dash cams and telematics records could also prove useful in the event of a truck crash. Telematics is the process of collecting data collected by a vehicle’s onboard computer. This information is used to instruct fleet drivers and to record incidents. The information could include speed, harsh braking and phone usage. This can be compared against the log books of the truck driver to determine if the correct records were maintained. Another important piece of evidence is any fax communication records that were transmitted regarding the trip prior to the accident. This could include the route, destination, any stops made during the journey along with any messages exchanged between the trucker and the company. This can be used by a seasoned personal injury lawyer to show that the trucker was distracted or not following safe procedures. If a victim of a truck accident is able to prove that the trucking company, truck driver or other defendants failed to adhere to their duty of care and caused the collision and resulting injury, they should be held responsible for any injuries that may have occurred as a result. Plaintiffs must show that the defendants broke a law or regulation, and that the violation caused harm. It is much easier to prove that a violation was not negligent in the context of traffic laws, but federal regulations require a much more complicated analysis. Negotiating a Settlement In many instances, truck crash victims are able to settle their claims without going to court. To negotiate a settlement, you'll need to discuss the specifics of your accident with the insurance company. This is the amount you are entitled to under state law. An experienced truck accident attorney can assess your injuries and record the losses you have suffered as a result of the accident to determine the value of your case is. The attorney can then use the results of similar lawsuits related to truck accidents as well as the way juries awarded victims in similar situations to establish a reasonable settlement amount. Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get is sufficient to cover the damages you have that are documented. This includes any money you've lost because you didn't work to receive treatment for your injury. The lawyer can assist with submitting documentation to prove these losses including old pay bills. If your injuries hinder you from returning to the same job, you may also be entitled to compensation. Insurance companies often begin the conversation by making a low offer. This tactic is used to determine how desperate you are to settle your case. It could have a negative impact on the value of your claim. A lawyer who is knowledgeable will avoid being slammed by staying calm and not giving in to pressure to accept a settlement that is inadequate. After your lawyer has reached an amount that is fair, they will send the person responsible for the fault an official demand for settlement. The party must respond within 30 days or else you lose the right to sue them in court. In some cases the trucking company may refuse to negotiate, and your attorney will file a lawsuit against the negligent party. It is impossible to give an estimate of the worth of a truck accident settlement because every situation is unique. For instance the severity of the injuries and the length of time you will be away from work to receive medical treatment are factors that can vary. Settlements from truck accidents can amount to millions of dollars.