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Truck Accident Litigation Truck accident litigation can involve an array of possible defendants. These defendants may include the driver of the truck and their employer as also a company that manufactured defective equipment or a contractor who improperly loaded cargo. Many trucks contain event data recorders, also known as black boxes, that can aid investigators in determining the cause of the crash took place. Personal injury lawyers with years of experience can match the information in log books. Investigation of the Scene In the case of a car accident, the first thing to do is collect evidence. Truck accidents are not the same. There are many other factors to take into consideration. For example trucks are frequently transporting dangerous goods, and even a relatively minor crash can cause fatal or serious injuries. Because of this, the investigation process is more complicated than a typical car accident. It is also more time-consuming, and it requires the assistance of experts in different areas. A lawyer who is experienced can assist you in finding the right professionals to handle this job. The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. It also requires the assistance of experts who can retrace the events that led to the accident based on the evidence that is collected. This is essential in finding a defendant accountable for the incident. A lawyer must also inquire of the trucking company as well as the driver for any information that might be relevant to a specific case. This could include information regarding the safety policies of the trucking company, maintenance protocols, and training procedures. The past history of the driver is crucial. This includes any past incidents, reprimands or alcohol/drug tests. The information contained in the black box of the truck is a different source of evidence that must be gathered. These devices, similar to those used in planes, may provide a lot of information about the accident. Your lawyer must seek this information as quickly as possible, as it may disappear over time due to the elements or traffic. A lawyer should also gather medical records of the victims. These records will show that the injuries sustained during the accident have triggered long-lasting and significant damage. It is crucial to save these documents, along with any doctor's notes or treatment schedules 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 essential in these cases. They are experts with the experience and training to assess the evidence in your case and provide their opinions to jurors. They can explain complicated medical, physical, mechanical, and economic concepts that a majority of jurors are not aware of or have no knowledge of. Expert witnesses could range from a straightforward car mechanic to a metallurgist able to examine the failure of a truck component or a pathologist who can determine what caused the death. They might also be required to look into and testify on particular aspects of your case, such as the force of the crash or the vehicle's speed, or even the reconstruction of the accident. Medical experts are also required to verify the severity and extent of your injuries. This is a subject that can be heavily contested by the insurance company as they try to argue that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause them any additional damage. In these cases the lawyer will call an independent medical expert to contest the doctor's testimony for insurance companies. In the end an expert witness could be essential when it comes to proving that the trucker who was involved in the accident was negligent in any way. They will utilize their knowledge to help the jury comprehend the truck driver's omission to fulfill his or her responsibilities and the financial consequences caused by that failure, and how that failure affected you. GPS Tracking When truck accidents occur, it is not unusual for victims to sustain serious injuries. They must be compensated for medical expenses, lost wages, 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 are due. GPS tracking is one of the most efficient technologies for accident cases. These devices are utilized by the trucking industry and typically contain a wide array of data that help determine the liability of the driver. A Qualcomm system provide, for instance, important information like speed and braking performance as well as engine performance and service hours. This information can be paired with other evidence, such as eyewitness testimony, to reconstruct the scene of an accident. Dash cams as well as telematics records may also be valuable in the event of a truck accident. Telematics is a collection of information gathered by a vehicle's onboard computer, which is used for training of fleet drivers and also to record incidents. This could include vital information like speed, harsh braking, phone usage and more. This information can be compared with the truck driver's log books to determine if accurate records were kept. A fax report of any communication regarding the trip prior to the accident is also crucial. This could include the route, destination, and any stops made during the trip and any messages exchanged between the trucker and the company. This can be used by an experienced personal injury lawyer to show that the trucker was distracted or not following safe procedures. If a person injured in a collision with a truck can show that the trucking company, driver or any other defendants failed to uphold their duty of care and caused the accident they must be held accountable for any injuries that may have occurred due to. Plaintiffs must prove that the defendants violated a law or regulation, and that the violation caused harm. It is easier to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complex analysis. The process of negotiating a settlement In many instances, truck crash victims are able to settle their claims without having to go to court. The process of reaching settlement is to discuss the facts of your situation with an insurance company, including the amount you are entitled to under the law of the state. An experienced truck accident attorney can evaluate your injuries and record the losses you've suffered in the crash to determine how much your case is worth. The attorney can then apply the results of other similar lawsuits involving truck accidents and how juries awarded victims in similar circumstances to determine an appropriate settlement amount. Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive will cover your documented losses. This will include the amount you've paid as a result of missing work to seek treatment for your injuries. The lawyer can assist with submitting documentation to prove these losses including old pay stubs. If you are unable return to the same type of job because of the injuries you sustained, you could be eligible for compensation for the loss of earning potential in the future as well. Insurance companies typically start the discussion by making an offer that is low. This is a standard tactic to determine how desperate are to settle your case and could impact the value of your case. A lawyer who is well-informed will avoid being slammed by staying calm and not giving in to pressure to accept any settlement that isn't adequate. After your lawyer has negotiated an amount that is fair and fair, they will send the person who is at fault an official demand for settlement. The party must reply within 30 days or else you lose your right to pursue them in court. In some instances, a trucking company will refuse to negotiate, and your lawyer will file a lawsuit against the negligent party. It is impossible to give an estimate of the value of a settlement because every situation is unique. For example the severity of the injuries and how long you'll be off from work to receive medical treatment are factors that vary. texas truck accident law firm can reach millions of dollars.