Truck Accident Litigation
There are a lot of potential defendants in the litigation involving truck accidents. 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 improperly loaded cargo.
colorado springs truck accident lawyer contain event data recorders, also referred to as black boxes. They can aid investigators in determining the cause of an accident occurred. Personal injury lawyers who have experience will be able to match the information in log books.
Investigation of the Scene
If a car accident happens the first step of an investigation is usually to collect evidence physically and take pictures. Accidents involving trucks are distinct. There are other factors to consider. Trucks often transport dangerous goods, and even a minor incident can cause serious or fatal injuries.
The investigation process is more complex than a typical car accident. It takes longer and requires the assistance of experts from a variety of areas. A qualified lawyer can help you locate the right professionals to handle this work.
An extensive investigation into a truck accident involves interviewing eyewitnesses as well as visiting the scene of the crash. It also requires the help of experts who can reconstruct how the accident happened based on the physical evidence gathered. This is essential in holding a defendant liable for the accident.
A lawyer should also inquire with the trucking company and the driver for any information that may be relevant to a particular case. This could include information about the safety policies of the trucking firm training protocols, procedures for training, and maintenance procedures. Additionally, the past of the truck driver is vital like any prior incidents, reprimands or test results for alcohol or drugs.
Another source of evidence to collect is the data from the truck's black-box. These devices are similar to ones that are installed on airplanes and can provide a lot of details about how the accident occurred. Attorneys must seek this information as quickly as possible, as it could be lost due to weather conditions or the passing traffic.
Finally, an attorney must also collect medical records from the victims of the crash. These documents will prove that the injuries suffered during the accident have caused lasting and substantial damage. It is crucial to save these documents, along with any doctor's notes or treatment plans that are available.
Expert Witnesses
While the majority of truck accidents result in an agreement between the insurance company and the injured party but some do not and must be heard in the court. Expert witnesses play a crucial role. They are experts who have the knowledge, training and expertise to analyze the facts in your case and present their views to the jury. They can explain complex medical concepts, mechanical theories and economic concepts to jurors who have little or no knowledge of them.
Expert witnesses could vary from a basic car mechanic to a metallurgist able to examine the failure of a truck component or a pathologist to determine the cause of death. They might also be required to examine and testify about particular aspects of your case, like the impact of the crash as well as the velocity of the vehicle or reconstruction of the accident.
Medical experts are also called upon to assess the extent and severity of your injuries. This is a subject that is frequently contested 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 any additional damage. In these instances the attorney could call in an independent expert to challenge the evidence of the doctor who is a part of the insurance.
A witness who is an expert in the field can be beneficial in proving that the trucker was negligent. They will use their expertise to assist the jury in understanding how the truck driver was unable to perform his or her job, what that failure caused and the financial consequences of that negligence for you.
GPS Tracking
When truck accidents occur, it is not uncommon for victims to sustain serious injuries. They must be compensated for medical expenses, lost wages, suffering and pain, as well as other costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
GPS tracking is among the most effective technologies used in accident cases. These devices are employed by the trucking industry, and they often contain a range of important information that help determine the who is responsible. A Qualcomm system can provide, for instance, important information such as speed as well as braking performance, engine performance, and service hours. This information can be combined with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics reports can also be useful in a truck accident. Telematics is a collection of data gathered by a vehicle's onboard computer that is used for training of fleet drivers and also to record incidents. This could include vital information like speed, harsh brakes, usage of phones and more. This can be compared to the log books of truck drivers to determine whether accurate data was recorded.
Another important piece of information is any fax communication records which may have been transmitted regarding the trip prior the accident. This can include information about the route and destination, as well as any stops along the way, and even the record of any communication between the truck driver and the company. This can be used by a knowledgeable personal injury lawyer to show that the trucker was distracted or following unsafe procedures.
If a truck accident victim can prove that the trucking company, driver or any other defendants, failed uphold their duty of diligence and triggered the collision and caused the accident, they should be held accountable for any injuries sustained as a result. To win a case, the plaintiff must show that the defendant acted in violation of any law or regulation, and that the breach directly caused harm. It is much easier to show that a violation of traffic laws was negligent however Federal regulations require a more detailed analysis.
Negotiating a Settlement
In most cases, truck accident victims can settle their claims without going to court. To reach settlement, you'll need to discuss the facts of your crash with the insurance company. This is the amount you are entitled under the law of the state. An experienced attorney for truck accidents can assess your injuries and document the damages you have suffered due to the crash to determine how the value of your case is. The attorney will use the results of other similar truck accident cases and the amount of compensation that juries have awarded victims in similar situations to determine a fair settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately covers the damages you have documented. This includes money you've lost due to your inability to work to get treatment for your injury. Lawyers can assist you in submitting documentation for the losses you suffered, including old pay receipts. If you are unable to return to the exact same type of job due to your injuries, you may be eligible for compensation for the loss of future earning capacity as well.
Insurance companies often begin the conversation by offering a low offer. This method is used to determine the level of urgency you have to settle your claim and can have a negative impact on the value of your claim. A lawyer who is knowledgeable will avoid being slammed by remaining calm and not giving in to pressure to accept a settlement that is inadequate.
After your lawyer has negotiated an amount that is reasonable and fair, they will send the person who is at fault an email request for settlement. The other party must respond within 30 days, or else you lose your right to sue them in court. In some cases, a trucking company will refuse to negotiate, and your attorney will pursue a lawsuit against a negligent party.
It is difficult to give an estimate of the worth of a truck accident settlement since each instance is unique. For example the severity of injuries and how long you'll be off from work to receive medical treatment are factors that differ. Settlements for truck accidents can range from millions of dollars.