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7 Things About Truck Accident Attorneys You'll Kick Yourself For Not Knowing
Truck Accident Litigation

Truck accident litigation can involve a wide range of possible defendants. It could include the truck driver and their employer as well as a manufacturer that made defective equipment or a company that loaded cargo improperly.

Many trucks contain event data recorders, sometimes referred to as black boxes. These can assist investigators in determining how a crash occurred. elgin truck accident lawyer with years of experience can match the data contained in log books.

Investigation of the Scene

In the event of a car crash the first thing you need to do is collect physical evidence. When it comes to truck accidents there are many other things to consider. For instance, trucks are often transporting dangerous items and even a minor crash can cause severe or fatal injuries.

Because of this, the investigation process is more complex than a typical car accident. It takes longer and requires the assistance of experts from a variety of areas. Luckily, a lawyer with experience can connect you with the most qualified people to do this job.

The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. Experts are also needed to reconstruct the crash by analyzing the physical evidence. This is essential in making a defendant accountable for the incident.

A lawyer must also inquire of the trucking company as well as the driver for any information they believe to be relevant to the case. This could include information regarding the safety policies of the trucking company, maintenance protocols, and training procedures. The history of the driver is also important. This includes any past incidents, reprimands and drug/alcohol tests results.

Another evidence source to be gathered is the data from the black box in the truck. These devices, similar to those installed in planes, could provide a lot of information about the accident. This information should be requested immediately by your lawyer, as it could disappear over time because of the elements or other traffic.

A lawyer should also collect medical records of the victims. These records will show that the injuries sustained in the crash have caused long-lasting and significant damage. It is crucial to preserve these documents, along with any doctor's notes or treatment schedules that are available.

Expert Witnesses

Most truck accidents are settled between insurance company, the person who was injured and the trucking company. However, there are some that don't and have to be brought to court. Expert witnesses are vital in these cases. They are experts who have the experience, knowledge, and expertise to evaluate the evidence in your case and then provide their opinion to the jury. They can explain complicated medical, physical, mechanical, and economic concepts that the majority of jurors have little or no understanding 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 in the accident and metallurgists that can do a failure analysis on the truck part that is in question or pathologists who determine the causes of death. They might be required to examine and testify on specific elements of your case, like the force of the collision and the velocity of the vehicle, or the reconstruction of the accident.

Medical experts are also called upon to assess the severity and extent of your injuries. This is a subject which is often contested by insurance companies as they may try to claim that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional harm. In these situations your lawyer will call in an independent medical expert who will challenge the insurance company's doctor's testimony.

Lastly an expert witness can be essential when it comes to proving that the trucker involved in the accident was negligent in some way. Expert witnesses will utilize their knowledge to help the jury understand how the truck driver was unable to perform his or her job, the consequences that failure caused and the financial repercussions of the inattention for you.

GPS Tracking

When accidents with trucks occur, it is not uncommon for their victims to sustain serious injuries. They deserve financial assistance to deal with medical expenses and lost wages, as well as pain and suffering and other 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 efficient technologies in any case of accident is GPS tracking. These devices are a staple of the trucking industry and usually contain a range of important data that can be used to determine liability. A Qualcomm system, for instance can provide crucial information about speed brake engines performance and hours of service. This information can be combined with other evidence, like eyewitness testimony to reconstruct the scene of the crash.

Other crucial pieces of information in a car accident investigation could be evidence from the trucking company's telematics system and dash cameras. Telematics is the gathering of information gathered by a vehicle's onboard computer. The data can be used to instruct fleet drivers and record incidents. The data can include speed, harsh braking, and phone usage. This information can be compared to the truck driver's log books to determine whether accurate records were maintained.

Another crucial piece of information is any fax communication records that may have been sent out regarding the trip prior the accident. This could include information on the route and destination, as well as any stops along the way, or even the details of any communications between the truck driver and the company. A seasoned personal injury lawyer can use this to prove that the trucker was distracted, followed unsafe procedures, or taking unnecessary risks.

If a victim of a truck crash can prove that the trucking company or driver or any other defendants failed to perform their duty of care and triggered the collision, then they should be accountable for any injuries suffered due to the collision. Plaintiffs must show that the defendants broke a law or regulation, and that the violation caused harm. It is easier to prove that a violation was not negligent in the context of traffic laws, but federal regulations require a much more complex analysis.

Negotiating a Settlement

In many cases victims of truck accidents can settle their claim without having to go to trial. The process of reaching settlement involves discussing the details of your case with an insurance provider, including the amount you are entitled to under state law. An experienced attorney for truck accidents can assess your injuries and record the losses you have suffered in the crash to determine how your case is worth. The attorney can use the results of other similar cases involving similar truck accidents as well as the way juries have awarded victims in comparable situations to determine the fair amount to settle.

Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately covers the damages you have documented. This will include the amount you've paid because you were unable to work to get treatment for your injuries. The lawyer can assist you in submitting the necessary documentation for these losses, including old pay bills. If your injuries prevent you from returning to your previous job, you could be eligible for compensation.

Insurance companies often begin the discussion by making an offer that is not as high. 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 knowledgeable attorney can avoid being snubbed by a judge by remaining neutral and refusing to give in to the pressure to accept a shoddy settlement.


Once your lawyer has negotiated an acceptable settlement amount, they will send a settlement demand in writing to the responsible party and they must respond within 30 days, or your right to take action against the responsible party in court will be forfeited. In some cases, a trucking company will refuse to negotiate, and your attorney will bring a lawsuit against the negligent party.

It is difficult to give an estimate of the value of a settlement because each instance is unique. For example the severity of injuries and how long you'll miss work to receive medical treatment are factors that can vary. Settlements for truck accidents can range from millions of dollars.

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