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Truck Accident Litigation There are a lot of potential defendants in truck accident litigation. They may include the truck driver and their employer and a manufacturer that made defective equipment or a company that loaded cargo improperly. Many trucks have event data recorders (also known as black boxes) that can assist investigators in determining what caused an accident occurred. An experienced personal injury lawyer will know how to match this information with log books. Investigation of the Scene In the event of a car crash the first thing you need to do is gather evidence. In the case of truck accidents, however there are many other aspects to be considered. Trucks are frequently carrying dangerous goods and even a minor incident can result in fatal or serious injuries. The process of investigation is more complex than a typical car accident. It is also longer and requires the assistance of experts in different fields. A lawyer who is qualified can assist you in finding the right experts to perform this work. An extensive investigation into a truck accident involves interviewing eyewitnesses as well as visiting the scene of the accident. It also requires the help of experts who are able to reconstruct the events that led to the accident based on the physical evidence gathered. This information is crucial to holding a defendant responsible for the occurrence. Additionally, an attorney must request any details from the truck company and driver that could be relevant to the case. This could include information on the safety policies of the trucking firm, maintenance protocols, and training procedures. Additionally, the past of the truck driver is vital for any past incidents, reprimands or test results for alcohol or drugs. The data from the black box of the truck is yet another piece of evidence that should be gathered. These devices are similar to the ones that are installed in airplanes, and they can provide a wealth of information regarding how the accident occurred. Your lawyer must ask for this information as fast as possible, as it could be lost because of the elements or traffic. A lawyer should also collect medical records of the victims. These records will show that the injuries sustained during the crash caused long-lasting and significant damage. It is important to keep these documents along with any doctor's notes and treatment schedules. Expert Witnesses While most accidents involving trucks result in an agreement between the insurance company and the party who was injured, some do not and must be tried in the court. Expert witnesses are crucial in these cases. They are professionals with the experience and training to evaluate the information in your case, and give their opinion to the jurors. They can explain complicated medical, physical, mechanical, and economic concepts that a majority of jurors have little or no knowledge of. lauderhill truck accident law firm could be anything from a simple car mechanic to a metallurgist who can examine the failure of a truck component or a pathologist to determine what caused the death. They may be required to examine and testify on particular aspects of your case, such as the force or crash or the vehicle's velocity, or the accident reconstruction. Another area in which experts are consulted is for medical experts to confirm the severity of your injuries. This is a subject which can be a major issue by the insurance company, as they try to argue that you're exaggerating your injuries or that they were pre-existing and that the accident didn't cause them any additional damage. In these instances your attorney can call in an independent expert to refute the testimony of the insurance doctor. A witness who is an expert in the field can be helpful in proving a trucker was negligent. They will utilize their knowledge to help the jury comprehend the truck driver's failure to perform their duties and the financial consequences which resulted from this failure and how that failure affected you. GPS Tracking It is not uncommon for victims of truck accidents suffer serious injuries. They are entitled to financial aid to cover medical bills as well as lost wages, pain and suffering and other related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserved. One of the most effective technologies in any accident case is GPS tracking. These devices are a staple of the trucking industry and frequently come with a variety of important information that could be used to determine liability. A Qualcomm system, for example provides important information including speed, braking engine performance, and hours of service. This can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash. Other pieces of valuable information in a car accident investigation could be evidence from the trucking company's telematics software and dash cameras. Telematics is the gathering of data that is gathered by a vehicle's onboard computer. This information is used to coach fleet drivers and record incidents. This may include crucial information such as speed, hard brakes, usage of phones and more. It can be compared with the truck driver's log books to see whether accurate data was recorded. Another important piece of information is any fax communications records that were sent out regarding the trip prior to the incident. This could include information about the route, destination, any stops on the way, as well as any messages sent between the trucker and the company. This information can be used by a knowledgeable personal injury lawyer to prove that the truck driver was distracted or not following safe procedures. If the victim of a car accident can prove that the trucking company or driver, or any other defendants failed to uphold their duty of diligence and caused the collision then they must be held accountable for any injuries incurred as a result. Plaintiffs must prove that defendants violated a law or regulation, and that this violation caused harm. It is easier to show that a violation of an traffic law was negligent however Federal regulations require a more complex analysis. The process of negotiating a settlement In many instances truck accident victims may settle their claim without having to go to trial. In order to negotiate a settlement, you will be required to discuss the circumstances of your accident with the insurance company. This includes the amount that you are entitled under the law of your state. A lawyer who is involved in a truck accident can evaluate your injuries, and document the losses you have suffered that result from them to determine the worth of your case. The lawyer can then utilize the results of similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar situations to establish an appropriate settlement amount. Your lawyer may also be able to 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 the amount you've paid due to missing work to receive treatment for your injuries. The lawyer can help you document these losses, which could include former pay statements. If your injuries hinder you from returning to your previous job, you may also be eligible for compensation. Insurance companies usually begin the conversation by making an offer that is low. This is a standard tactic to determine how desperate you are to negotiate a settlement and could impact the value of your case. A lawyer who is well-informed is able to avoid being mistreated by remaining calm and never allowing pressure to accept any settlement that isn't adequate. Once your lawyer has negotiated a reasonable settlement amount, they will send a written settlement demand to the at-fault party, which must be answered within 30 days, or your right to bring a lawsuit against the responsible party in court will be forfeited. In some instances a trucking company will refuse to negotiate and your attorney will file a lawsuit against the negligent party. It isn't possible to provide an estimate of how much the settlement from a truck accident is worth as each case is unique and has its own factors including the extent of your injuries and the amount of time you'll miss from work to receive medical treatment. Truck accident settlements can reach millions of dollars.