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Truck Accident Litigation Truck accident litigation involves an array of potential defendants. These defendants may include the driver of the truck as well as their employer as also a company that manufactured defective equipment, or a contractor who loaded cargo incorrectly. Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining how the crash took place. An experienced personal injury lawyer will be able to connect this information with log books. Investigation of the Scene In the case of a car accident the first thing to do is collect evidence. When it comes to truck accidents there are many other factors to take into consideration. For instance truck accidents often involve dangerous items and even a minor crash could result in severe or fatal injuries. This is because the investigation process is more complicated than the typical car accident. It is also more time consuming and requires the assistance of experts from various areas. A qualified lawyer can help you find the right people to do this job. Interviewing eyewitnesses is an essential part of a thorough truck accident investigation. It also requires the help of experts who can retrace the circumstances of the crash based on the physical evidence gathered. This is essential in the case of a defendant being held accountable for the incident. A lawyer should also inquire with the trucking company and the driver for any information that may be relevant to the case. This could include information regarding the trucking company's safety policies, training procedures, and maintenance protocols. wichita truck accident law firm of the driver is also important. This includes any past incidents, reprimands or alcohol/drug tests results. The data from the black box in the truck is yet another element of evidence that should be gathered. These devices, similar to those used in planes, could provide an abundance of information regarding the accident. Attorneys must seek this information as quickly as you can, since it could disappear over time due to the elements or traffic. In addition, the attorney should also collect medical records from the victims of the crash. These records will show that the injuries sustained in the accident have caused lasting and extensive damage. It is essential to keep these documents, as well as any medical notes or treatment plans that are available. Expert Witnesses The majority of truck accidents are settled between the insurance company, the injured party and the trucking company. However, there are some that are not and must be taken to court. Expert witnesses play an important role. They are experts who have the knowledge, training, and expertise to evaluate the facts in your case and then present their findings to the jury. They can explain complicated mechanical, physical, medical, and economic concepts that a majority of jurors have little or no knowledge of. Depending on the kind of expert witness you require, they can range from as simple as a car mechanic who will determine the reason your vehicle was damaged during the crash and metallurgists that can conduct a failure assessment on a specific truck part, or pathologists who can determine the cause of death. They may also be needed to testify and examine specific elements of your case, like the force of the collision as well as the velocity of the vehicle or even the reconstruction of the accident. Medical experts are also required to verify the severity and extent of your injuries. Insurance companies frequently contest the claim that you exaggerate your injuries or the fact that these were pre-existing injuries and that the accident did not cause any further damage. In these situations the lawyer will call an independent medical expert who will challenge the doctor's testimony for insurance companies. A witness who is an expert in the field can be very helpful in proving that a trucker was negligent. They will use their knowledge to help the jury understand the truck driver's inability to perform their duties and the financial consequences which resulted from this failure and how that lack of performance affected you. GPS Tracking It is not unusual for victims of truck accidents suffer severe injuries. They deserve financial assistance to pay medical bills as well as lost wages, pain and suffering and other related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they deserve. One of the most useful tools in any case of accident is GPS tracking. These devices are a staple of the trucking industry and frequently include a range of important data that can be used to determine the extent of liability. A Qualcomm system, for example can provide crucial information about speed and braking, engine performance and service hours. This information can be combined with other evidence, like eyewitness testimony, to reconstruct the scene of an accident. Dash cams and telematics data may also be valuable in the event of a truck accident. Telematics is the process of collecting data that is gathered by a vehicle's onboard computer. This data is used to instruct fleet drivers and record incidents. This data could include speed, harsh braking, and phone usage. This can be compared against the truck driver's log books to determine whether accurate records were recorded. Another important piece of information is any fax communication records that were sent out regarding the journey prior to the accident. This could include information about the route and destination, any stops along the way, and even an account of any messages between the truck driver and the company. This information can be used by a knowledgeable personal injury lawyer to prove that the truck driver was distracted or following unsafe procedures. When a victim of a car accident can prove that the trucking company, truck driver, or any other defendants failed to adhere to their duty of care and caused the accident and the victim should be held accountable for any injuries incurred due to. To prevail, the plaintiff must show that the defendant acted in violation of any law or regulation, and this breach directly caused harm. It is much simpler to prove that a violation of traffic laws was negligent however, Federal regulations require a more detailed analysis. The process of negotiating a settlement In most cases, truck accident victims are able to settle their claims without having to go to court. The process of negotiating a settlement involves discussing the facts of your situation with an insurance company and determining the amount you are entitled to under state law. An experienced attorney for truck accidents will evaluate your injuries and document the damage you have suffered in the accident to determine the value of your case is. The attorney will then be able to use the results from other similar truck accident lawsuits and the amount of compensation juries awarded victims in similar situations to establish an acceptable settlement amount. Your lawyer can also negotiate directly with the insurance company to ensure that the settlement you receive is adequate to cover the losses that are documented. This includes any money you've lost because you didn't work to seek treatment for your injury. The lawyer can assist you in submitting documentation for these losses, such as old pay receipts. If your injuries prevent you from returning to your previous job, you may also be entitled to compensation. Insurance companies often begin the discussion by making a low offer. This tactic is used to determine how eager you are to settle your case. This could have a negative effect on the value of your claim. A lawyer with experience can avoid being deceived by staying calm and not giving in to pressure to accept the terms of a settlement that are not adequate. Once your lawyer has reached an acceptable settlement amount, they will send a settlement demand in writing to the at-fault party and must be responded to within 30 days or your right to pursue the responsible party in court will be revoked. In some cases the trucking company might refuse to negotiate. Your lawyer will initiate an action on behalf of the party who was negligent. It isn't possible for us to provide an estimate of how much a truck accident settlement is worth since each case is unique and has its own factors, such as the severity of your injuries as well as the amount of time you will miss from work due to medical treatments. Settlements for truck accidents can be millions of dollars.