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A Truck Accident Attorneys Success Story You'll Never Remember
Truck Accident Litigation

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

Many trucks have event data recorders, sometimes referred to as black boxes. These will help investigators determine the reason a crash occurred. Experienced personal injury attorneys will be able to match this information to log books.

Investigation of the Scene

If a car accident happens the first step in an investigation is usually to collect evidence from the scene and then take photographs. However, in the case of truck accidents there are numerous other aspects to be considered. Trucks are often carrying dangerous items and even a minor collision can cause serious or fatal injuries.

The investigation process is more complex than the typical car accident. It takes longer and requires the help of experts from different fields. Luckily, a reputable lawyer can connect you to the best people for this job.

Eyewitness interviews are a vital element of a thorough truck accident investigation. It also requires the assistance of experts who are able to reconstruct what happened on the evidence gathered. This information is vital in making a defendant accountable for the occurrence.

A lawyer should also ask the trucking company and the driver for any information that may be relevant to a specific case. This could include information on the trucking company's safety policies as well as training procedures and maintenance protocols. The past of the driver is also crucial. This could include any previous incidents, reprimands or alcohol/drug test results.

Another evidence source to look for is the information from the truck's black box. These devices, like those used in planes, could provide many details about the accident. The information you require should be sought whenever possible by your attorney, because it could be lost due to the elements or the speed of traffic.

Additionally, an attorney should also obtain medical records from the victims of the crash. These documents will assist in proving that the injuries sustained in the crash have caused significant and long-lasting damage. It is crucial to preserve these documents, along with any medical notes or treatment plans that are available.


Expert Witnesses

Most truck accidents are settled between the insurance company, the victim and the trucking company. However, some do NOT and must be brought to the court. Expert witnesses are vital in these cases. They are professionals with the experience, knowledge and experience to assess the evidence in your case, and present their views to the jury. They can explain complicated medical, physical, mechanical and economic concepts that the majority of jurors lack understanding of.

Depending on the type of expert witness required, they can be as simple as a car mechanic who can determine why your vehicle was damaged during the accident or metallurgists who do a failure analysis on the truck part that is in question, or pathologists who can determine the causes of death. They may also be required to look into and testify on specific aspects of your case like the force of the crash or the vehicle's speed, or reconstruction of the accident.

Medical experts are also called upon to verify the severity and extent of your injuries. Insurance companies typically contest this issue, claiming you exaggerate the severity of your injuries or the fact that these were pre-existing injuries and that the accident did not cause any additional damage. In these cases, your attorney will call an independent medical expert to counter the insurance company's doctor's testimony.

A witness who is an expert in the field can be very beneficial in proving that the truck driver was negligent. 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 this failure has caused and the financial consequences of that negligence for you.

GPS Tracking

It is not uncommon to see victims of truck accidents suffer severe injuries. They are entitled to compensation for medical expenses, lost wages, suffering and pain, along with other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight to get the compensation they deserve.

One of the most beneficial technological tools in any accident case is GPS tracking. These devices are utilized by the trucking industry, and usually contain a variety of vital information that can help determine the liability of the driver. A Qualcomm system, for example, can provide important information about speed and braking engine performance, and hours of service. This information can be combined with other evidence, including eyewitness testimony, to reconstruct the scene of the crash.

Dash cams and telematics records may also be valuable during a truck collision. Telematics is the collection of data collected by a vehicle’s onboard computer. This data can be used to instruct fleet drivers and to record incidents. This can include important information like speed, harsh brakes, usage of phones and more. This information can be compared with the log books of the truck drivers to see if accurate data was recorded.

A fax log of any communication regarding the trip prior to the accident is also crucial. This could include information about the route, destination, and any stops during the journey and any messages sent between the trucker and the company. An experienced personal injury lawyer could use this evidence to prove that the truck driver was distracted, ignoring safety procedures, or taking unnecessary risks.

If the victim of a car accident can prove that the trucking company or driver, or any other defendants failed to fulfill their duty of care and caused the accident then they must be held accountable for any injuries incurred as a result. To win a case, the plaintiff must show that the defendant acted in violation of the law or regulation and that the breach directly caused harm. It is easy to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a more complex analysis.

Negotiating a Settlement

In many cases truck accident victims is able to settle their case without going to trial. In order to negotiate a settlement, you'll have to discuss the details of your crash with the insurance company. This is the amount you are entitled under state law. edinburg truck accident lawyer who is involved in a truck accident can evaluate 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 involving truck accidents and how juries have awarded victims in comparable situations to determine the fair amount to settle.

Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive covers the documented damages. This includes money you have lost due to missing work to receive treatment for your injury. The lawyer can help provide evidence of these losses, including former pay stubs. If you're not able to return to the same sort of job due to the injuries you sustained, you could be entitled to compensation for loss of earning potential in the future as well.

Insurance companies often begin the discussion by making an offer of low value. This is a typical tactic to gauge how desperate you are for a settlement and can affect the value of your case. An experienced attorney can avoid being mistreated by remaining calm and never giving in to the pressure to accept a shoddy settlement.

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

It is impossible to provide an estimate for how much a settlement for a truck accident is worth because each individual case has unique factors, such as the severity of your injuries and the amount of time you'll be absent from work for medical treatments. It is however not uncommon for truck accident settlements to reach millions of dollars.

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