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Truck Accident Litigation There are many potential plaintiffs in litigation over truck accidents. These defendants could include the driver of the truck as well as their employer, as also a company that produced defective equipment or an individual contractor who improperly loaded cargo. concord truck accident attorney are equipped with event data recorders (also called black boxes) that can assist investigators in determining how a crash happened. Experienced personal injury attorneys will be able to match this information with log books. Investigation of the Scene In the event of a car crash, the first thing to do is collect evidence. In the case of truck accidents, however there are a variety of aspects to be considered. Trucks are frequently carrying dangerous goods, and even a minor incident can result in fatal or serious injuries. This is because the investigation process is more complex than the typical car accident. It is also more time consuming, and it requires the assistance of experts in a variety of fields. Luckily, a reputable lawyer can connect you to the most qualified people for this job. A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and visiting the scene of the accident. It also requires the help of experts who are able to reconstruct how the accident happened based on the physical evidence gathered. This information is crucial to the case of a defendant being held accountable for the accident. Additionally, an attorney must request any information from the truck driver and the company that could be relevant to the case. This could include information on the safety policies of the trucking firm as well as training procedures and maintenance protocols. The history of the driver is also important. This includes any previous incidents, reprimands or alcohol/drug tests results. The information from the black box in the truck is an additional element of evidence that should be gathered. These devices, similar to those used in planes, can provide a lot of information about the accident. This information should be requested as soon as you can by your attorney, since it could be lost because of the elements or traffic. Finally, an attorney should also gather medical records from the victims of the crash. These documents will assist in proving that the injuries suffered in the crash have caused a significant and lasting injury. It is crucial to save these documents, along with any medical notes or treatment plans that are available. Expert Witnesses While the majority of truck accidents end up in a settlement between the insurance company and the person who was injured but some do not and need to be tried in court. Expert witnesses play a crucial role. They are professionals with the education and experience to evaluate the information in your case, and give their opinion to the jurors. They can explain complex medical concepts, mechanical theories, and economic concepts to jurors who have very little or no knowledge of them. Expert witnesses could be anything from a simple car mechanic to a metallurgist able to evaluate the failure of a truck component or a pathologist who will determine what caused the death. They could also be required to testify and examine specific elements of your case such as the impact of the crash as well as the velocity of the vehicle or even the reconstruction of the accident. Another area in which experts are called in is for medical experts to confirm the severity of your injuries. This is an area which is often 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 them any additional damage. In these situations, your attorney will call an independent medical expert to challenge the insurance company's doctor's testimony. A witness who is an expert in the field can be helpful in proving that a trucker was negligent. They will utilize their knowledge to help the jury comprehend the truck driver's failure 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 uncommon for their victims to sustain serious injuries. They are entitled to compensation for medical bills, lost wages and suffering, as well as other costs. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients. One of the most useful tools in any case of accident is GPS tracking. These devices are used by the trucking industry and usually contain a wide array of data that can help determine liability. A Qualcomm system provide important information, such as speed, braking performance, engine performance, and service hours. This information can be combined with other evidence, for instance eyewitness testimony to reconstruct the scene of an accident. Other valuable pieces of information from a truck accident investigation could be evidence from the trucking company's telematics program and dash cams. Telematics is the collection of data collected by a vehicle’s onboard computer. The data is used to coach fleet drivers and record incidents. The data can include speed, harsh braking, and phone usage. This can be compared against the log books of the truck driver to see whether accurate data was recorded. Another important piece of evidence is any fax communications records which may have been sent out regarding the trip prior to the incident. This could include information about the route and destination, any stops on the way, and even a record of any messages between the truck driver and the company. A skilled personal injury lawyer can use this to show that the trucker was distracted, not following safe procedures or taking unnecessary risks. If a person injured in a collision with a truck can prove that the trucking company, driver or any other defendants, did not fulfill their duty of care and triggered the collision then they must be held accountable for any injuries sustained due to the collision. Plaintiffs must prove that the defendants violated a law or regulation, and that the violation caused harm. It is easier to show that a violation of the traffic law was wrongful however Federal regulations require a more thorough analysis. Negotiating a Settlement In many instances the truck accident victim can settle their case without having to go to trial. In order to negotiate settlement, you'll have to discuss the details of your crash with the insurance company. This includes the amount that you are entitled under the law of the state. A lawyer who handles truck accidents will evaluate your injuries and document the losses you have suffered due to them, in order to determine the value of your case. The attorney can then use the results of other similar lawsuits for truck accidents and the way juries awarded victims in similar situations to calculate an acceptable settlement amount. Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get will adequately cover the damage you've that are documented. This will include any money you've lost due to missing work to get treatment for your injuries. The lawyer can assist in submitting evidence for these losses including old pay receipts. If your injuries stop you from returning to your previous job, you may also be entitled to compensation. Insurance companies will often start the discussion with a low-ball offer. This tactic is used to determine how desperate you are to settle your case. It can have a negative impact on the value of your claim. A lawyer who is experienced can avoid being deceived by remaining calm and never allowing pressure to accept the terms of a settlement that are not adequate. After your lawyer has negotiated an amount that is reasonable, they will send the at-fault person an official demand for settlement. The party must respond within 30 days, or else you lose the right to sue them in court. In some instances the trucking company may refuse to negotiate and your lawyer will file a lawsuit against the negligent party. It is impossible to provide an estimate of the value of a truck accident settlement as each instance is unique. For example the severity of injuries and the length of time you will be away from work to receive medical treatment are factors that can vary. Truck accident settlements can reach millions of dollars.