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Truck Accident Litigation Truck accident litigation can involve numerous possible defendants. The defendants could include the driver of the truck and their employer as in addition to a company which 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 what caused an accident occurred. Personal injury lawyers with experience can match the data in log books. Investigation of the Scene In the case of a car accident the first thing to do is collect physical evidence. Truck accidents are different. There are a variety of factors to take into consideration. For instance, trucks are often transporting dangerous products, and even a relatively minor crash could result in severe or fatal injuries. The process of investigation is more complicated than a typical car accident. It takes more time and requires the assistance of experts from a variety of fields. A qualified lawyer can help you locate the right experts to perform this task. A thorough truck accident investigation involves interviewing eyewitnesses and going to the site of the accident. It also requires the help of experts who can retrace the circumstances of the crash based on the evidence that is collected. This information is crucial to finding a defendant accountable for the incident. Additionally, an attorney should seek out any details from the truck company and driver that could be relevant to the case. This could include information on the safety policies of the trucking firm maintenance protocols, as well as training procedures. Additionally, the past of the truck driver is important including any previous incidents, reprimands or drug/alcohol test results. Another thing to collect is the data from the black box of the truck. These devices are similar to ones found in planes, and they can provide a wealth of information about how the accident happened. This information should be requested as soon as you can by your attorney, since it could disappear over time because of the elements or traffic. Finally, an attorney must also collect medical records from the victims of the crash. These records will prove that the injuries suffered during the crash caused substantial and lasting damage. It is crucial to preserve these documents, along with any doctor's notes or treatment schedules that are accessible. Expert Witnesses Although the majority of truck accidents end up in an agreement between the insurance company and the person who was injured, some do not and have to be tried in the court. Expert witnesses play a crucial role. They are professionals who have the experience and training to evaluate the evidence in your case, and then give their opinion to the jurors. They can explain complicated medical, physical, mechanical, and economic concepts that most jurors have little or no knowledge of. Expert witnesses could be anything from a simple car mechanic to a metallurgist who can evaluate the failure of a part of the truck or a pathologist who can determine what caused the death. They may also be needed to testify and examine specific elements of your case like the impact of the crash as well as the velocity of the vehicle or reconstruction of the accident. Another important area where experts are brought in is to help medical experts verify the severity of your injuries. Insurance companies will often contest this issue, claiming you exaggerate your injuries or that these were pre-existing conditions and that the accident didn't cause any additional harm. In these instances the attorney could call an independent expert to refute the testimony of the insurance doctor. A witness who is an expert in the field can be useful in proving that a truck driver was negligent. Expert witnesses will utilize their knowledge to help the jury understand how the truck driver failed to do his or her job, what the failure led to, and the resulting financial consequences that resulted from the inattention for you. GPS Tracking It is not uncommon that victims of accidents involving trucks suffer serious injuries. They need financial assistance for medical expenses and lost wages, as well as suffering and related 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 a staple of the trucking industry and usually include a range of important information that could be used to determine the liability. A Qualcomm system, for example can provide crucial information about speed as well as braking performance, engine performance and hours of service. This can be combined with other evidence such as eyewitness testimony to reconstruct the scene of the crash. Other valuable pieces of information in a car accident case could be records from the trucking company's telematics software and dash cams. Telematics is a collection of information gathered by an automobile's onboard computer. It is used for training of fleet drivers and to record incidents. The data can include speed, harsh braking and phone usage. This information can be compared with the log books of truck drivers to determine whether accurate records were recorded. A fax record of any communication concerning the trip before the accident is also crucial. This could include information about the route and destination, any stops along the way, or even the details of any communications between the truck driver and the company. This can be used by a knowledgeable personal injury lawyer to prove that the truck driver was distracted or not following safe procedures. If a person injured in a collision with a truck is able to prove that the trucking company, driver or any other defendants failed to uphold 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 prove that the defendants broke a law or regulation, and that this violation caused harm. It is much simpler to prove that a violation of a traffic law was negligent however Federal regulations require a more intricate analysis. The process of negotiating a settlement In many cases, truck accident victims can settle their claims without going to court. In order to negotiate an agreement, you'll need to discuss the specifics of your crash with the insurance company. This includes the amount that you are entitled to under the law of your state. An experienced attorney for truck accidents can assess your injuries and document the damage you have suffered as a result of the crash to determine how the value of your case is. Then, the attorney can take the findings of similar cases of truck accidents and how juries have rewarded victims in similar situations to determine the amount of a fair settlement. Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive will cover your documented losses. This will include any money you've lost because of your inability to work to receive treatment for your injuries. The lawyer can assist you with submitting documentation to prove the losses you suffered, including old pay statements. If your injuries prevent you from returning to your previous job, you may also be eligible for compensation. Insurance companies typically begin the conversation by making an offer that is low. This is a tactic used to determine how desperate you are to settle your case and can impact the value of your case. An experienced attorney can avoid being low-balled by remaining calm and never giving in to pressure to accept a poor settlement. After allentown truck wreck lawyer has reached an amount that is fair and fair, they will send the at-fault person a written request for a settlement. The person who is responsible must respond within 30 days or else you lose your right to pursue them in court. In some cases the trucking company may not negotiate and your attorney will bring a lawsuit against the negligent party. It isn't possible for us to give a general estimate for the amount a settlement for a truck accident is worth because each individual case has unique factors like the extent of your injuries and the amount of time you will miss from work due to medical treatments. It is however not unusual for settlements in truck accidents to reach millions of dollars.