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Truck Accident Litigation There are a myriad of potential defendants in truck accident litigation. The defendants could include the driver of the truck and their employer as also a company that manufactured defective equipment, or a contractor who improperly loaded cargo. Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining the cause of the crash occurred. Personal injury lawyers who have experience will be able to verify the data contained in log books. Investigation of the Scene In the event of a car crash the first thing to do is collect evidence. The causes of truck accidents differ. There are a variety of factors to be considered. For example trucks are frequently transporting dangerous products and even a minor crash could result in severe or fatal injuries. The investigation process is more complicated than a typical car accident. It takes longer and requires the assistance of experts from various fields. Luckily, a lawyer with experience will connect you with the most qualified people to do this job. A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and visiting the scene of the crash. It also requires the assistance of experts who can determine the circumstances of the crash based on the evidence gathered. This is essential in the case of a defendant being held accountable for the incident. A lawyer must also inquire of the trucking firm and the driver for any information that could be relevant to the case. This could include information about the safety policies of the trucking firm maintenance protocols, policies for maintenance, and training procedures. Additionally, the past of the truck driver is vital including any previous incidents, reprimands, or test results for alcohol or drugs. Another thing to be gathered is the data from the truck's black box. These devices are similar to ones found on airplanes and are able to provide a lot of information about what caused the accident. Your lawyer should seek this information as quickly as you can, since it could fade over time due to the elements or the passing traffic. A lawyer should also gather medical records of the victims. These records will prove that the injuries sustained in the crash have resulted in significant and long-lasting damage. It is essential to keep these documents, along with any medical notes and treatment schedules. Expert Witnesses While the majority of truck accidents result in a settlement between the insurance company and the person who was injured Some do not, and must be heard in court. This is where expert witnesses play a key role. They are professionals who have the experience, knowledge and experience to assess the evidence in your case and provide their opinions to the jury. They can explain complex mechanics, medical concepts and economic concepts to jurors with very little or no knowledge of them. Expert witnesses can range from a straightforward car mechanic to a metallurgist that can examine the failure of a truck part or a pathologist to determine the cause of death. They may also be required to testify and examine specific aspects of your case, such as the force of the crash, vehicle velocity, or even the reconstruction of the accident. Medical experts are also called upon to determine the severity and extent of your injuries. Insurance companies often challenge the claim that you exaggerate your injuries or that they have pre-existing conditions and that the accident did not cause any further damage. In these cases your lawyer may bring an independent expert to refute the insurance's doctor's testimonies. A witness who is an expert in the field can be extremely useful in proving that a trucker was negligent. They will make use of their expertise to help the jury comprehend the truck driver's inability to perform his or her duties and the financial consequences that resulted from that failure and how the failure affected you. GPS Tracking When truck accidents occur, it is not unusual for victims to suffer serious injuries. They should be compensated for medical expenses, lost wages, suffering, along with other expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients. One of the most beneficial tools in the event of an accident is GPS tracking. These devices are a common feature of the trucking industry and usually come with a variety of important information that could be used to determine the liability. A Qualcomm system can, for instance, provide important information such as speed of braking engine performance, service hours. This information can be combined with other evidence like eyewitness testimony to reconstruct the scene of the crash. Dash cams as well as telematics records can also be useful in a truck accident. Telematics is a set of data gathered by the vehicle's onboard computer that is used for fleet driver coaching and to record incidents. This data could include speed, harsh braking and phone usage. It can be compared to the log books of truck drivers to see if accurate records were maintained. A fax record of any communication about the trip prior to the accident is also vital. This could include information on the route and the destination, any stops along the way, and even the record of any communication between the driver of the truck and the company. This information can be used by a knowledgeable 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 is able to prove that the trucking company, driver or other defendants failed to uphold their duty of care and caused the collision and resulting injury, they should be held responsible for any injuries that may have occurred as a result. Plaintiffs must show that defendants violated a statute or regulation, and that the violation caused harm. It is easier to prove that a violation of traffic laws was negligent, but Federal regulations require a more detailed analysis. Negotiating a Settlement In many cases victims of truck accidents is able to settle their case without going to trial. The process of reaching settlement is to discuss the facts of your situation with an insurance company which includes the amount you are entitled to under the law of your state. A lawyer who handles truck accidents can assess your injuries and document your losses that result from them to determine the value of your case. The lawyer can then utilize the results from other similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar situations to determine an acceptable settlement amount. new york truck accident lawsuit can also work directly with the insurance company in order to ensure that the settlement you receive adequately covers the damages that are documented. This will include any amount you've lost because of your inability to work to get treatment for your injuries. The lawyer can help submit documentation for these losses, including former pay stubs. If you're unable to return to the same type of job because of the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well. Insurance companies typically begin the conversation by making a low-ball offer. This is a common tactic to determine how desperate are to settle your case and could impact the value of your case. A knowledgeable 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 negotiated an amount that is fair and fair, they'll send the person responsible for the fault an official demand for a settlement. The other party must respond within 30 days, or you'll lose your right to bring a lawsuit against them in court. In certain cases the trucking company may refuse to negotiate. Your lawyer will start an action on behalf of the negligent party. It isn't possible to provide a general estimate for the amount the settlement from a truck accident is worth because each individual case is unique, such as the severity of your injuries and the amount of time you'll be absent from work for medical treatments. Settlements from truck accidents can amount to millions of dollars.