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Truck Accident Litigation Truck accident litigation involves a wide range of possible defendants. They may include the truck driver and their employer as well as a company who produced defective equipment, or a contractor that loaded cargo in a way that was not properly. Many trucks contain event data recorders, sometimes referred to as black boxes, that will help investigators determine the reason a crash occurred. An experienced personal injury lawyer will be able to connect the information with log books. Investigation of the Scene In the case of a car accident, the first thing to do is gather evidence. The causes of truck accidents differ. There are a variety of factors to consider. Trucks are typically carrying dangerous products and even a minor incident can cause serious or fatal injuries. The investigation process is more complicated than a typical car accident. It is also more time-consuming and requires the assistance of experts in a variety of areas. Fortunately, a qualified lawyer will connect you with the best people to do this job. An extensive investigation into a truck accident involves interviewing eyewitnesses and visiting the site of the accident. Experts are also needed to reconstruct the accident by analyzing the physical evidence. This information is crucial to holding a defendant liable for the accident. Additionally, the attorney should seek any information from the truck driver and company that may be relevant to the case. This could include information regarding the safety policies of the trucking company, training procedures, and maintenance protocols. Also, the history of the driver of the truck is crucial including any previous incidents, reprimands or test results for alcohol or drugs. The information contained in the black box of the truck is another source of evidence that must be collected. These devices are similar to ones found in airplanes, and can provide a wealth of information about what caused the accident. Attorneys must ask for this information as fast as you can, since it may disappear over time due to weather or traffic. The attorney should also obtain medical records from the victims of the crash. These records will show that the injuries sustained in the accident have triggered long-lasting and substantial damage. It is crucial to keep these documents together with any notes from a doctor and treatment schedules. Expert Witnesses Most truck accidents are settled between the insurance company, the victim and the trucking company. However, some do not and need to be taken to the court. Expert witnesses are essential in these cases. They are experts who have the training, knowledge, and expertise to evaluate the evidence in your case, and then provide their opinion to the jury. They can explain complex mechanics, medical concepts, and economic concepts to jurors who have little or no understanding of them. The type of expert witness required they could be as basic as a mechanic who can determine why your vehicle was damaged in the crash and metallurgists who conduct a failure assessment on a specific truck part or pathologists who determine the causes of death. They may be required to examine and testify on particular aspects of your case, such as the force of the 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 determine the severity of your injuries. This is an area which can be a major issue by the insurance company as they will try to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any additional harm. In these instances your lawyer may bring an independent expert to refute the insurance's doctor's testimonies. Lastly an expert witness could be essential when it comes to finding out that the trucker at fault in the accident was negligent in some way. They can use their expertise to help the jury understand the reasons why the truck driver failed to do his or her job, the consequences this negligence caused, and the resulting financial implications of this negligence for you. GPS Tracking When accidents involving trucks happen, it is not unusual for victims to sustain serious injuries. They must be compensated for medical bills, lost wages and suffering and pain, in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve. GPS tracking is among the most efficient technologies in the event of an accident. These devices are utilized by the trucking industry, and typically contain a variety of vital information that help determine the the liability of the driver. A Qualcomm system, for instance provides important data on speed as well as braking performance engine performance, and service hours. This can be used in conjunction with other evidence, like eyewitness testimony to reconstruct the scene of the crash. Dash cams and telematics data may also be valuable in the event of a truck accident. Telematics is the gathering of data gathered by the vehicle's onboard computer. The data is used to coach fleet drivers and to record incidents. This could include vital information like speed, harsh braking, phone usage, and more. This can be compared with the log books of the truck drivers to determine if accurate records were kept. Another important aspect is any fax communication records that were sent about the journey prior to the accident. This information can include the route, destination, any stops along the way and any messages exchanged between the trucker and the company. An experienced personal injury attorney 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 is able to prove that the trucking company, truck driver, or any other defendants did not uphold their duty of care and caused the collision and resulting injury, they should be held responsible for any injuries that may have occurred due to. Plaintiffs must show that defendants violated a statute or regulation, and that this 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 complicated analysis. Negotiating a Settlement In many instances, truck crash victims are able to settle their claims without going to court. The process of negotiating settlement involves discussing the facts of your case with an insurance company including the amount you are entitled to under state law. A lawyer who handles truck accidents can evaluate your injuries, and document your losses that result from them to determine the value of your case. Then, the attorney can draw on the results of similar cases of truck accidents and how juries have rewarded victims in similar circumstances to determine the amount of a fair settlement. Your lawyer can also work directly with the insurance company to ensure that the settlement you receive is sufficient to cover the damages you have that are documented. This includes money you've lost due to your inability to work to receive treatment for your injury. The lawyer can assist you provide evidence of these losses, which could include former pay statements. If vista truck accident attorney are unable return to the same kind of job due to the injuries you sustained, you could be entitled to compensation for loss of future earning capacity as well. Insurance companies typically begin the conversation by offering an offer that is not as high. This is a typical tactic to determine how desperate are to settle and can affect the value of your case. A lawyer who is experienced will avoid being slammed by remaining calm, and not allowing pressure to accept a settlement that is inadequate. After your lawyer has agreed to an amount that is reasonable, they will send the person at fault a written request for settlement. The party must respond within 30 days, or you will lose your right to take them to court. In certain 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 truck accident settlement as each situation is unique. For example the severity of injuries and the length of time you'll be away from work to receive medical treatment are two factors that can vary. But, it's not unusual for settlements from truck accidents to be in the millions.