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Truck Accident Litigation Truck accident litigation can involve many possible defendants. These defendants could include the driver of the truck and their employer as in addition to a company which manufactured defective equipment or a contractor who improperly loaded cargo. Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining how a crash happened. Personal injury lawyers with experience will be able match the data in log books. Investigation of the Scene If a car accident happens the first step of an investigation is usually to collect evidence from the scene and take photos. In truck accidents, however there are a variety of factors to take into consideration. For example, trucks are often transporting dangerous items, and even a relatively minor crash can cause severe or fatal injuries. The investigation process is more complex than a typical car accident. It takes more time and requires the help of experts from different areas. Luckily, a lawyer with experience can help you connect with the best people for this job. Interviewing eyewitnesses is an essential component of a thorough accident investigation. It also requires the assistance of experts who can reconstruct how the accident happened based on the physical evidence gathered. This information is crucial in making a defendant accountable for the incident. Additionally, the attorney must request any information from the truck driver and the company that might be relevant to the case. This could include information about the safety guidelines of the trucking company maintenance protocols, policies for maintenance, and training procedures. The background of the driver is crucial. This includes any past incidents, reprimands or drug/alcohol tests. The information from the black box of the truck is an additional source of evidence that must be collected. These devices are similar to the ones found in airplanes, and they are able to provide a lot of information about the circumstances of the accident. This information should be requested whenever possible by your lawyer, as it may disappear in time because of the elements or the speed of traffic. The attorney should also obtain medical records from the victims of the crash. These documents will prove that the injuries suffered during the crash have caused long-lasting and significant damage. It is vital to keep these documents, together with any notes from a doctor and treatment schedules. Expert Witnesses The majority of truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, there are some that are not and must be brought to the court. Expert witnesses play a key role. They are professionals with the knowledge and training required to assess the evidence in your case and provide their opinions to 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 range from a straightforward car mechanic to a metallurgist able to analyze the failure of a part of the truck or a pathologist that can determine what caused the death. They may be required look into and testify on particular elements of the case, such as the force of the collision or the speed of the vehicle or the accident reconstruction. Medical experts are also required to assess the extent and severity of your injuries. This is an area that is frequently contested by the insurance company, as they attempt to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause them any additional damage. In these situations your lawyer will call in an independent medical expert to challenge the testimony of the insurance company's doctor. Finally an expert witness could be crucial to proving that the trucker involved in the accident was negligent in a certain way. Expert witnesses will utilize their knowledge to assist the jury in understanding how the truck driver did not perform his or her job, what the failure led to and the financial consequences of that inattention for you. GPS Tracking When truck accidents occur, it is not uncommon for victims to sustain serious injuries. They need financial assistance to deal with medical bills as well as lost wages, suffering and associated costs. 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 the event of an accident. These devices are a standard of the trucking industry and often contain a range of important data that can be used to determine liability. A Qualcomm system can provide, for instance, important information such as speed as well as braking performance engine performance, service hours. This information can be combined with other evidence, such as eyewitness testimony to reconstruct the scene of a crash. Other important pieces of information in a truck accident investigation could be evidence from the trucking company's telematics system and dash cameras. Telematics is a collection of information gathered by an automobile's onboard computer, which is used for training of fleet drivers and to record incidents. This could include vital details like speed, rough brakes, phone usage and more. This information can be compared with the log books of truck drivers to determine whether accurate records were recorded. Another crucial piece of information is any fax messages that may have been sent regarding the journey prior to the accident. This can include the route, destination, any stops along the way, as well as any messages sent between the trucker and the company. An experienced personal injury attorney can use this to show that the truck driver was distracted, following unsafe procedures or taking unnecessary risks. When a truck accident victim is able to prove that the trucking company, truck driver or other defendants failed to adhere to their duty of care and caused the collision and the victim should be held accountable for any injuries sustained as a result. In order to win a case the plaintiff must show that the defendant acted in violation of any law or regulation, and that this violation directly caused harm. It is simpler to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complex analysis. Negotiating a Settlement In many instances victims of truck accidents may settle their claim without going to trial. To negotiate a settlement, you will need to discuss the specifics of your accident with the insurance company. This includes the amount that you are entitled under the law of your state. An experienced lawyer for truck accidents can evaluate your injuries and document the damages you've suffered in the crash to determine how your case is worth. Then, the attorney can analyze the results of similar cases of truck accidents and the way juries have awarded victims in similar circumstances to determine a fair settlement amount. Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately will cover your documented losses. This will include the amount you've paid because you were unable to work to receive treatment for your injuries. The lawyer can assist in submitting the necessary documentation for these losses, including old pay stubs. If you are unable to return to the same kind of job because of the injuries you sustained, you could be eligible for compensation for the loss of earning potential in the future as well. washington truck wreck lawyer begin the conversation by making an offer that is low. This tactic is used to determine the level of urgency you have to settle your case. This could have a negative effect on the value of your claim. A lawyer who is well-informed is able to avoid being mistreated by remaining calm and not allowing pressure to accept the terms of a settlement that are not adequate. After your lawyer has reached an amount that is reasonable and fair, they'll send the person who is at fault a written request for a settlement. The party must reply within 30 days, or else you lose the right to pursue them in court. In some cases, a trucking company will refuse to negotiate, and your attorney will start a lawsuit against the negligent party. It is impossible to give 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'll miss work for medical treatment are some of the factors that vary. But, it's not unusual for settlements from truck accidents to reach millions of dollars.