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Truck Accident Litigation There are a variety of defendants in a lawsuit involving a truck accident. They could include the driver of the truck and their employer as also a company that manufactured defective equipment, or an individual contractor who improperly loaded cargo. Many trucks have event data recorders (also known as black boxes) that can assist investigators in determining how the crash occurred. Experienced personal injury attorneys will be able to connect this information to log books. Investigation of the Scene In the case of a car accident the first thing to do is collect physical evidence. Accidents involving trucks are distinct. There are many other aspects to consider. Trucks are often carrying dangerous items and even a minor incident can result in fatal or serious injuries. The investigation process is therefore more complex than the typical car accident. It takes longer and requires the help of experts from various fields. Fortunately, a lawyer who is qualified can connect you to the best people to do this job. Interviewing eyewitnesses is a crucial element of a thorough truck accident investigation. Experts are also needed to reconstruct the incident by analyzing the physical evidence. This information is crucial in the case of a defendant being held accountable for the incident. Additionally, the attorney should request any details from the truck driver and the company that might be relevant to the case. This could include information regarding the safety guidelines of the trucking company or training procedures, as well as maintenance protocols. Also, the history of the driver of the truck is crucial like any prior incidents, reprimands, or results of a drug/alcohol test. The data gathered from the black box in the truck is yet another element of evidence that should be collected. These devices are similar to the ones found in airplanes, and can provide a wealth of details about how the accident occurred. The information you require should be sought whenever possible by your attorney, because it may disappear in time due to the elements or traffic. hampton truck accident lawsuit should also gather medical records of the victims. These records will show that the injuries sustained in the crash caused long-lasting and significant damage. It is important to keep these documents, together with any doctor's notes and treatment schedules. Expert Witnesses Most truck accidents are settled between the insurance company, the injured party and the trucking company. However, some are not and must be taken to court. Expert witnesses are vital in these cases. They are experts who have the experience, knowledge and expertise to review information in your case and present their views to the jury. They can explain complex mechanical, physical, medical, and economic concepts that a majority of jurors have little or no knowledge of. Expert witnesses can range from a straightforward car mechanic to a metallurgist that can determine the failure of a truck component or a pathologist that can determine the cause of death. They could be required to examine and testify on specific elements of the case, such as the force or crash or the speed of the vehicle or the reconstruction of the accident. Another area in which expert witnesses are called in is for medical experts to confirm the severity of your injuries. Insurance companies frequently contest this issue, claiming you exaggerate your injuries or that they have pre-existing conditions and that the incident didn't cause any further harm. In these cases the attorney could call in an independent expert who will challenge the evidence of the doctor who is a part of the insurance. A witness who is an expert in the field can be extremely helpful in proving that a trucker was negligent. They will use their expertise to assist the jury in understanding the reasons why the truck driver was not doing his or her job, what this failure has caused, and the resulting financial repercussions of the inattention for you. GPS Tracking It is not uncommon for victims of truck accidents suffer serious injuries. They are entitled to financial aid to cover medical bills and lost wages, as well as suffering and associated costs. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients. GPS tracking is one of the most effective technologies used for accident cases. These devices are employed by the trucking industry, and they often contain a variety of vital information which can assist in determining the liability of the driver. A Qualcomm system, for example can provide crucial information including speed as well as braking performance engines performance and hours of service. This can be used in conjunction with other evidence, like eyewitness testimony to reconstruct the scene of the crash. Dash cams and telematics records can also be useful in the event of a truck crash. Telematics is the process of collecting data gathered by the vehicle's onboard computer. This data is used to instruct fleet drivers and record incidents. This could include vital information such as speed, hard braking, phone usage, and more. This can be compared to the log books of the truck drivers to determine if they had accurate data was recorded. A fax recording of any communication regarding the trip before the accident is also important. It could contain information regarding the travel route and its destination, any stops during the journey, and even the record of any communication between the driver of the truck and the company. An experienced personal injury lawyer can use this to show that the trucker was distracted, followed unsafe procedures or taking unnecessary risks. If a person injured in a collision with a truck can prove that the trucking company, driver, or any other defendants, failed to uphold their duty of diligence and caused the accident, then they should be held accountable for any injuries incurred as a result. Plaintiffs must show that the defendants violated a law or regulation, and that the violation caused harm. It is simpler to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a much more intricate analysis. Negotiating a Settlement In many cases, truck accident victims are able to settle their claims without having to go to court. To reach settlement, you'll need to discuss the specifics of your accident with the insurance company. This includes the amount that you are entitled under the law of your state. An experienced attorney for truck accidents can assess your injuries and record the losses you've suffered due to the accident to determine the value of your case is. The attorney can take the findings of similar cases involving similar truck accidents as well as how juries have awarded victims in similar circumstances to decide on a fair settlement amount. Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers the documented damages. This includes any money that you have lost due to missing work to receive treatment for your injury. Lawyers can assist you to with the documentation required for these losses, including former pay stubs. If you're unable to return to the exact same type of job because of your injuries, you may be eligible for compensation for the loss of earning potential in the future as well. Insurance companies often begin the conversation with a low-ball offer. This is a tactic used to determine how desperate you are to negotiate a settlement and can affect the value of your case. An experienced attorney can avoid being mistreated by remaining unflinching and never yielding to the pressure to accept a shoddy settlement. After your lawyer has negotiated an amount that is fair, they will send the person at fault a written request for settlement. The person who is responsible must respond within 30 days or else you lose your right to take them to court. In certain cases trucking companies will not negotiate and your attorney will bring a lawsuit against the negligent party. It is impossible to provide an estimate of the value of a settlement because every case is different. For instance the severity of the injuries and the time you'll miss work to receive medical treatment are two factors that vary. However, it isn't uncommon for truck accident settlements to be worth millions of dollars.