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Truck Accident Litigation Truck accident litigation involves numerous possible defendants. These defendants could include the driver of the truck and their employer, as well as a company that manufactured defective equipment or a contractor who improperly loaded cargo. Many trucks have event data recorders, sometimes referred to as black boxes. They will help investigators determine the reason a crash occurred. Personal injury lawyers with experience will be able match the data in log books. Investigation of the Scene In the event of a car crash the first thing you need to do is collect physical evidence. Truck accidents are not the same. There are many other factors to consider. For example trucks are frequently transporting dangerous products and even a minor crash can cause fatal or serious injuries. The investigation process is more complex than the typical car accident. It is also longer and requires the assistance of experts in various areas. A qualified lawyer can assist you in finding the right people to complete this job. Interviewing eyewitnesses is a crucial part of a thorough truck accident investigation. Experts are also required to reconstruct the crash by analyzing the physical evidence. This information is crucial to holding a defendant liable for the incident. A lawyer should also inquire with the trucking company and driver for any information that might be relevant to the case. This could include information about the safety guidelines of the trucking company, maintenance protocols, and training procedures. The past of the driver is also important. This includes any past incidents, reprimands and drug/alcohol tests. Another source of evidence to be gathered is the data from the truck's black box. These devices, which are similar to those installed in planes, can provide lots of details regarding the incident. The information you need should be requested as soon as possible by your attorney, since it may disappear in time due to the elements or traffic. The attorney should also obtain medical records from the victims of the crash. These documents will prove that the injuries sustained in the crash caused long-lasting and significant damage. It is crucial to save these documents, as well as any doctor's notes or treatment schedules that are available. Expert Witnesses While most accidents involving trucks result in an agreement between the insurance company and the person who was injured, some do not and have to be tried in court. Expert witnesses play a crucial role. They are experts with the education and experience to assess the evidence in your case, and give their opinion to the jurors. They can explain complex medical concepts, mechanical theories, and economic concepts to jurors with only a basic understanding of them. Expert witnesses can be anything from a simple car mechanic to a metallurgist who will evaluate the failure of a part of the truck or a pathologist to determine the cause of death. They may be required investigate and testify about specific elements of your case, like the force or crash or the speed of the vehicle or the accident reconstruction. Medical experts are also called upon to determine the severity and extent 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're exaggerating your injuries or that they were pre-existing and that the accident did not cause any further damage. In lynwood truck accident law firm may bring in an independent expert to challenge the insurance's doctor's testimonies. Lastly, an expert witness can be vital when it comes to proving that the trucker involved in the accident was negligent in some way. They will use their expertise to assist the jury in understanding how the truck driver did not perform his or her job, what this negligence caused, and the resulting financial consequences of that inattention for you. GPS Tracking When accidents with trucks occur, it is not uncommon for their victims to sustain serious injuries. They are entitled to financial aid for medical expenses, lost wages, pain and suffering and other associated costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients. One of the most useful technological tools in any accident case is GPS tracking. These devices are used by the trucking industry and typically contain a wide array of data that can help determine liability. A Qualcomm system can provide, for instance, important information, such as speed of braking engine performance, service hours. This can be combined with other evidence, such as eyewitness testimony to reconstruct the scene of the crash. Dash cams as well as telematics records may also be valuable in a truck accident. Telematics involves the collection of information gathered by a vehicle's onboard computer. This data can be used to instruct fleet drivers and to record incidents. The information could include speed, harsh braking, and phone usage. This can be compared with the log books of truck drivers to determine whether accurate data was recorded. Another important aspect is any fax records that may have been sent out regarding the trip prior the accident. This could include information on the route and the destination, any stops on the way, and even the record of any communication between the driver of the truck and the company. This information can be used by an experienced personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures. If a person injured in a collision with a truck can prove that the trucking company, driver, or any other defendants failed to adhere to their duty of care and caused the accident they must be held accountable for any injuries that may have occurred due to. To win a case, the plaintiff must prove that the defendant violated an act or regulation and that the violation directly caused harm. It is easy to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a more complex analysis. The process of negotiating a settlement In many cases truck accident victims is able to settle their case without going to trial. The process of negotiating settlement involves discussing the facts of your case with an insurance company including the amount you are legally entitled to under state law. A skilled attorney in truck accidents can evaluate your injuries and document the damage you've suffered due to the crash to determine how your case is worth. Then, the attorney can take the findings of similar cases involving truck accidents and the amount of compensation that juries have awarded victims in similar situations to determine the amount of a fair settlement. Your lawyer may also work with the insurance company to make sure that the settlement you receive covers your documented damages. This includes any money you have lost because you were unable to work to receive treatment for your injuries. The lawyer can assist in submitting documentation for these losses, such as old pay bills. If your injuries stop you from returning to the same job, you could be eligible for compensation. Insurance companies typically begin the conversation with a low-ball offer. This method is used to determine how desperate you are to settle your claim and could have a negative impact on the value of your claim. An experienced attorney can avoid being snubbed by a judge by remaining neutral and refusing to give in to pressure to accept a low settlement. After your lawyer has agreed to an amount that is fair, they will send the person responsible for the fault an email request for a settlement. The other party must respond within 30 days otherwise you'll lose the right to take them to court. In certain cases the trucking company might refuse to negotiate. Your attorney will then file a lawsuit on behalf of the negligent party. It isn't possible to provide a general estimate of what the settlement from a truck accident is worth because each individual case is unique and has its own factors including the degree of your injuries, as well as the length of time that you'll be away working to undergo medical treatments. However, it is not unusual for settlements from truck accidents to reach millions of dollars.