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Truck Accident Litigation Truck accident litigation can involve a wide range of potential defendants. The defendants could include the driver of the truck as well as their employer as and a business that manufactured defective equipment, or an individual contractor who improperly loaded cargo. Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining the cause of the crash occurred. Personal injury lawyers who have experience will be able to 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 gather evidence. Truck accidents are not the same. There are many other factors to be considered. Trucks are frequently carrying dangerous goods and even a minor collision can result in fatal or serious injuries. The investigation process is therefore more complicated than a typical car accident. It is also longer and requires the assistance of experts from various fields. A lawyer with experience can help you locate the right people to do this task. A thorough investigation into the cause of a truck crash includes interviewing eyewitnesses, as well as going to the scene of the crash. It also requires the help of experts who can determine what happened on the physical evidence that is collected. This information is crucial to making a defendant accountable for the accident. A lawyer should also inquire with the trucking company and driver for any information they believe to be relevant to the case. This could include information regarding the trucking company's safety policies training protocols, procedures for training, and maintenance protocols. The past of the driver is important. This includes any past incidents, reprimands, or drug/alcohol test results. Another source of evidence to look for is the information from the truck's black box. These devices are similar to ones found on airplanes and can provide a wealth of information on how the accident occurred. Attorneys must seek this information as quickly as you can, since it could be lost because of the elements or passing traffic. A lawyer should also gather medical records of the victims. These records will show that the injuries suffered during the accident have caused lasting and substantial damage. It is crucial to preserve these documents, as well as any doctor's notes or treatment plans that are available. Expert Witnesses The majority of truck accidents are settled between the insurance company, the victim and the trucking company. However, some do not and need to be brought to court. This is where expert witnesses play a vital role. They are professionals with the expertise, education and expertise to analyze information in your case and then provide their opinion to the jury. They can explain complicated mechanical, physical, medical and economic concepts that a majority of jurors have little or no understanding of. Depending on the type of expert witness required, they could be as straightforward as a mechanic who can identify why your vehicle was damaged during the accident, to metallurgists who can perform a failure analysis on a specific truck part or pathologists who determine the cause of death. They could also be required to look into and testify on particular aspects of your case, like the force of the collision and the speed of the vehicle, or the reconstruction of an accident. Another important area where experts are called in is for medical experts to determine the severity of your injuries. This is an area which is often contested by the insurance company since they will try to claim that you have exaggerated 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 in an independent expert to refute the evidence of the doctor who is a part of the insurance. Lastly an expert witness can be essential when it comes to finding out that the trucker at fault in the accident was negligent in any way. tuscaloosa truck accident lawsuit can use their expertise to assist jurors in understanding the truck driver's inability to fulfill his or her responsibilities, the financial consequences which resulted from this failure and how the failure affected you. GPS Tracking When accidents involving trucks happen, it is not uncommon for their victims to sustain serious injuries. They should be compensated for medical bills, lost wages and suffering, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight to get the compensation they deserve. One of the most useful technological tools in any accident scenario is GPS tracking. These devices are a staple of the trucking industry and usually have a variety of crucial information that can be used to determine liability. A Qualcomm system, for instance, can provide important information about speed, braking engine performance, and service hours. This information can be combined with other evidence, like eyewitness testimony to help reconstruct the scene of the crash. Dash cams as well as telematics records may also be valuable in the event of a truck accident. Telematics is the collection of data gathered by the vehicle's onboard computer. The data can be used to instruct fleet drivers and record incidents. The data can include speed, harsh braking and phone usage. This information can be compared with the truck driver's log books to determine whether accurate records were kept. A fax report of any communications regarding the trip before the accident is equally important. This can include information about the route and the destination, any stops along the way, or even an account of any messages between the driver of the truck and the company. This can be used by a skilled personal injury lawyer to show that the truck driver was distracted or did not follow safe procedures. If a person injured in a collision with a truck can prove that the trucking company, driver, or any other defendants, failed to meet their duty of care and caused the accident, then they should be held accountable for any injuries sustained as a result. In order to win a case the plaintiff must show that the defendant violated a statute or regulation and that the breach directly caused harm. It is easier to prove that a violation of an traffic law was negligent however, Federal regulations require a more complex analysis. Negotiating a Settlement In many cases victims of truck accidents may settle their claim without going to trial. To reach a settlement, you will have to discuss the details of your crash with the insurance company. This includes the amount that you are entitled to under state law. A lawyer who is involved in a truck accident can evaluate your injuries and document the damages you suffered as a result to determine the worth of your case. The attorney can then use the results of similar lawsuits related to truck accidents as well as the way juries awarded victims in similar situations to calculate the amount of a fair settlement. Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you receive will adequately cover the damage you've which are documented. This will include any amount you've lost as a result of missing work to receive treatment for your injuries. The lawyer can help you provide evidence of these losses, which could include former pay statements. If your injuries stop you from returning to the same job, you could be entitled to compensation. Insurance companies often begin the discussion by making an offer that is low. This tactic is used to determine how desperate you are to settle your case. It could have a negative impact on the value of your claim. A lawyer who is well-informed can avoid being lowballed by remaining calm, and never succumbing to pressure to accept an offer that is not satisfactory. After your lawyer has reached an amount that is reasonable then they will mail the person who is at fault a written request for a settlement. The party must respond within 30 days, or else you lose your right to pursue them in court. In some cases, the trucking company may refuse to negotiate. Your attorney will bring a lawsuit on behalf of the party who was negligent. It is impossible to give an estimate of the value of a truck accident settlement because each instance is unique. For example the severity of injuries and how long you'll be off from work to receive medical treatment are some of the factors that can vary. Truck accident settlements can reach millions of dollars.