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Truck Accident Litigation The litigation involving truck accidents involves numerous potential defendants. These defendants may include the driver of the truck as well as their employer as and a business that produced defective equipment or an individual contractor who loaded cargo incorrectly. Many trucks have event data recorders (also called black boxes) which can aid investigators in determining what caused the crash occurred. Experienced personal injury attorneys will know how to match this information to log books. Investigation of the Scene In the event of a car crash, the first thing to do is gather evidence. In truck accidents, however there are a variety of factors to take into consideration. For example trucks often transport dangerous goods and even a minor crash can cause severe or fatal injuries. The process of investigation is more complex than the typical car accident. It takes longer and requires the help of experts from different fields. Fortunately, a qualified lawyer can help you connect with the best people to do this job. Eyewitness interviews are a vital component of a thorough accident investigation. Experts are also required to reconstruct the accident by analyzing the physical evidence. This information is vital in holding a defendant responsible for the accident. A lawyer should also inquire with the trucking company and driver for any information that might be relevant to the case. This could include information about the safety policies of the trucking firm or training procedures, as well as maintenance procedures. The history of the driver is crucial. This includes any past incidents, reprimands and drug/alcohol tests. Another piece of evidence to collect is the data from the truck's black-box. These devices, which are similar to those found in planes, can provide many details about the accident. Your lawyer must seek this information as quickly as you can, since it could be lost because of the elements or the passing traffic. In addition, the attorney should also obtain medical records from the victims of the crash. These documents will prove that the injuries sustained in the accident have triggered long-lasting and substantial damage. It is essential to keep these documents, along with any medical notes and treatment schedules. Expert Witnesses The majority of truck accidents are settled between insurance company, the person who was injured and the trucking company. However, some are not and must be brought to the court. This is where expert witnesses play a vital role. They are professionals who have 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 concepts, and economic concepts to jurors with only a basic understanding of them. Based on the type of expert witness required, they could be as basic as a car mechanic who will determine the reason your vehicle was damaged in the accident and metallurgists that can perform a failure analysis on a specific truck part or pathologists who determine the reason for death. They could also be required to look into and testify on particular aspects of your case, like the force of the collision as well as the velocity of the vehicle or accident reconstruction. Another area in which experts are consulted is to help medical experts verify the severity of your injuries. This is a subject which is often contested by insurance companies as they attempt to claim that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional harm. In these instances your lawyer may bring an independent expert to challenge the testimony of the insurance doctor. Finally an expert witness could be vital when it comes to proving that the trucker who was involved in the accident was negligent in some way. They can use their expertise to help the jury comprehend the truck driver's failure complete his or her job, the financial consequences that resulted from that failure, and how that failure affected you. GPS Tracking When accidents with trucks occur it is not uncommon for their victims to suffer serious injuries. They must be compensated for medical bills, lost wages and suffering in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve. One of the most efficient technological tools in any case of accident is GPS tracking. These devices are a staple of the trucking industry and usually have a variety of important data that can be used to determine the liability. A Qualcomm system, for example, can provide important information on speed, braking engines performance and service hours. This information can be paired with other evidence, including eyewitness testimonies, to reconstruct the scene of a crash. Other valuable pieces of information in a car accident incident could include the records of the telematics software used by the trucking company and dash cameras. Telematics is the gathering of information gathered by a vehicle's onboard computer. This data is used to instruct fleet drivers and record incidents. This can include important information such as speed, hard brakes, usage of phones and more. This information can be compared to the log books of the truck driver to determine whether accurate records were maintained. A fax record of any communications regarding the trip prior to the accident is also vital. This can include the route, destination, any stops made along the way as well as any messages sent between the trucker and the company. A skilled personal injury lawyer can use this information to prove that the trucker was distracted, not following safe procedures, or taking risks that were not necessary. If a person injured in a collision with a truck can prove that the trucking company or driver or any other defendants, did not fulfill their duty of care and caused the accident and caused the accident, they should be accountable for any injuries sustained as a result. Plaintiffs must prove that defendants violated a law or regulation, and that the violation caused harm. It is much easier to prove that a violation of an traffic law was negligent however Federal regulations require a more thorough analysis. Negotiating a Settlement In many instances the truck accident victim can settle their claim without having to go to trial. The process of negotiating a settlement involves discussing the details of your case with an insurance company, including the amount you are entitled to under the law of your state. An experienced truck accident attorney will evaluate your injuries and record the losses you've suffered due to the accident to determine your case is worth. Then, the attorney can analyze the results of similar cases of truck accidents and how juries have rewarded victims in similar situations to determine the fair amount to settle. Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get is adequate to cover the losses that are documented. This will include any amount you've lost because of your inability to work to get treatment for your injuries. winston salem truck accident lawsuit can assist with submitting documentation to prove these losses, including old pay stubs. If your injuries prevent you from returning to the same job, you may also be eligible for compensation. Insurance companies typically begin the conversation by making an offer that is low. This is a typical tactic to gauge how desperate you are to negotiate a settlement and can impact the value of your case. A seasoned attorney can prevent being low-balled by remaining calm and never giving in to pressure to accept a poor settlement. Once your lawyer has negotiated a reasonable settlement amount, they will send a written settlement demand to the at-fault party that must be addressed within 30 days or your right to pursue the responsible party in court will be revoked. In some cases, the trucking company may refuse to negotiate. Your attorney will then file an action on behalf of the party who was negligent. It isn't possible to provide a general figure of how much an accident settlement for a truck is worth because each individual case is unique, such as the degree of your injuries, as well as the amount of time you will miss from work to receive medical treatment. Truck accident settlements can reach millions of dollars.