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Truck Accident Litigation Truck accident litigation can involve an array of potential defendants. They could include the truck driver and their employer, and a manufacturer who produced defective equipment, or a company that loaded cargo improperly. Many trucks have event data recorders, also referred to as black boxes, that can aid investigators in determining the cause of the crash happened. Personal injury lawyers who have experience will be able to match the data in log books. Investigation of the Scene In the event of a car crash, the first thing to do is gather physical evidence. In truck accidents, however there are a variety of things to consider. For example trucks often transport dangerous items and even a minor accident can cause serious or fatal injuries. The investigation process is therefore more complicated than a typical car accident. It is also more time-consuming, and it requires the help of experts from various areas. A lawyer with experience can help you find the right people to complete this task. An extensive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the accident. It also requires the assistance of experts who can determine what happened on the physical evidence gathered. This information is crucial in the case of a defendant being held accountable for the occurrence. A lawyer should also contact the trucking company as well as the driver for any information that might be relevant to the case. This could include information regarding the trucking company’s safety policies maintenance protocols, policies for maintenance, and training procedures. Also, the history of the driver of the truck is important including any previous incidents, reprimands, or drug/alcohol test results. lakeland truck accident lawsuit from the black box of the truck is an additional piece of evidence that should be gathered. These devices, which are similar to those used in planes, can offer an abundance of information regarding the accident. The information you require should be sought immediately by your attorney, since it could fade away over time due to the elements or traffic. A lawyer should also gather medical records of the victims. These records will show that the injuries sustained in the accident have triggered long-lasting and extensive damage. It is crucial to save these documents, as well as any doctor's notes or treatment schedules that are available. Expert Witnesses Although the majority of truck accidents result in an agreement between the insurance company and the person who was injured however, some don't and must be tried in court. Expert witnesses are essential in these cases. They are experts with the knowledge and training required to evaluate the information in your case, and then give their opinion to the jurors. They can explain complicated medical, physical, mechanical and economic concepts that many jurors have no or little knowledge of. Expert witnesses could range from a simple car mechanic to a metallurgist who will evaluate the failure of a part of the truck or a pathologist to determine what caused the death. They may be required to look into and testify on specific elements of your case, for instance the force or crash, the vehicle velocity, or the accident reconstruction. Medical experts are also called upon to evaluate the extent and severity of your injuries. This is an area 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 injuries and that the accident didn't cause any additional harm. In these cases, your attorney may call an independent expert to counter 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 assist jurors in understanding the truck driver's inability to fulfill his or her responsibilities and the financial consequences of that failure and how the failure affected you. GPS Tracking It is not uncommon for victims of truck accidents suffer serious injuries. They must be compensated for medical expenses, lost wages, suffering, and other expenses. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients. GPS tracking is one of the most effective technologies used in accident cases. These devices are an integral part of the trucking industry and often include a range of important information that could be used to determine liability. A Qualcomm system, for instance provides important data on speed, braking, engine performance and service hours. This 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 the collection of information gathered by a vehicle's onboard computer. It is utilized for coaching fleet drivers and for recording incidents. This could include vital details like speed, rough braking, phone usage and more. This information can be compared to the truck driver's log books to determine if accurate data was recorded. Another crucial piece of information is any fax communication records that might have been sent regarding the trip prior to the incident. This could include information on the route and the destination, any stops along the way, and even an account of any messages between the driver of the truck and the company. This can be used by an experienced personal injury lawyer to prove that the truck driver was distracted or following unsafe procedures. When a truck accident victim can prove that the trucking company, truck driver, or any other defendants failed to uphold their duty of care and caused the collision, they should be held responsible for any injuries suffered as a result. To prevail in a lawsuit, the plaintiff must show that the defendant violated a statute or regulation and that the violation directly caused harm. It is much simpler to show that a violation of the traffic law was wrongful however Federal regulations require a more intricate analysis. Negotiating a Settlement In many cases the truck accident victim may settle their claim without having to go to trial. The process of negotiating settlement is to discuss the details of your situation with an insurance company which includes the amount you are legally entitled to under state law. A skilled attorney in truck accidents can evaluate your injuries and record the losses you've suffered due to the crash to determine how much your case is worth. The attorney will use the results of other similar cases of truck accidents and the amount of compensation that juries have awarded victims in comparable situations to determine a fair settlement amount. Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive covers your documented damages. This will include any amount you've lost due to missing work to seek treatment for your injuries. Lawyers can assist in submitting documentation for these losses including old pay receipts. If you're not able to return to the same type of job because of the injuries you sustained, you could be entitled to compensation for loss of future earning capacity as well. Insurance companies typically start the conversation by making an offer of low value. This strategy is used to determine how desperate you are to settle your case. This could have a negative impact on the value of your claim. An experienced attorney can avoid being low-balled by remaining calm and never giving in to the pressure to accept a shoddy settlement. Once your lawyer has negotiated an acceptable settlement amount, they will send a settlement demand in writing to the at-fault party, which must be answered within 30 days, or your right to sue the responsible party in court will be forfeited. In some instances trucking companies will not negotiate and your lawyer will pursue a lawsuit against a negligent party. It is not possible to give an estimate of the worth of a truck accident settlement because every case is different. For example, the severity of the injuries and the time you'll be away from work for medical treatment are two factors that vary. Truck accident settlements can reach millions of dollars.