14 Questions You're Refused To Ask Truck Accident Attorneys
Truck Accident Litigation
Truck accident litigation covers an array of potential defendants. These defendants may include the driver of the truck and their employer as well as a company that produced defective equipment or a contractor who loaded cargo incorrectly.
Many trucks contain event data recorders, often referred to as black boxes. These can aid investigators in determining the cause of the crash happened. Personal injury lawyers who are experienced know how to match this information to log books.
Investigation of the Scene
When a car wreck occurs the first step in an investigation is usually to collect evidence from the scene and take photographs. Accidents involving trucks are distinct. There are more aspects to consider. For example truck accidents often involve dangerous goods, and even a relatively minor crash can result in serious or fatal injuries.
Due to this, the investigation process is more complicated than that of a normal car accident. It takes more time and requires the assistance of experts from different fields. A qualified lawyer can help you find the right people to complete this job.
An extensive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the crash. It also requires the help of experts who are able to reconstruct how the accident happened based on the physical evidence that is collected. This information is essential to making a defendant accountable for the accident.
Additionally, the attorney should seek out any information from the trucking driver and the company that could be relevant to the case. This could include information on the safety policies of the trucking firm maintenance protocols, as well as training procedures. Additionally, the past of the truck driver is important including any previous incidents, reprimands, or drug/alcohol test results.
Another evidence source to gather is the data from the black box of the truck. These devices are similar to ones found in planes, and they are able to provide a lot of information on what caused the accident. The information you need should be requested immediately by your lawyer, as it may disappear in time because of the elements or traffic.
A lawyer should also collect medical records of the victims. These documents will prove that the injuries suffered during the crash have caused long-lasting and substantial damage. It is vital 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 the court. Expert witnesses are crucial in these cases. They are experts with the knowledge and training required to evaluate the information in your case and provide their opinion to jurors. They can explain complex mechanics, medical concepts and economic concepts to jurors who have only a basic understanding of them.
The type of expert witness required they can range from as simple as a mechanic who will determine the reason your vehicle was damaged in the crash and metallurgists who perform a failure analysis on the truck part that is in question or pathologists who determine the causes of death. They could be required to examine and testify on specific elements of your case, for instance the force of the crash or the speed of the vehicle or the accident reconstruction.
Medical experts are also required to evaluate the extent and severity of your injuries. Insurance companies frequently contest this claim, claiming that you exaggerate your injuries, or the fact that these were pre-existing injuries and that the accident didn't cause any additional harm. In these cases your lawyer may bring in an independent expert to counter the claims of the insurance's doctor.
A witness who is an expert in the field can be extremely useful in proving that a truck driver was negligent. They will make use of their expertise to help the jury understand the reasons why the truck driver was unable to perform his or her job, what that failure caused and the financial repercussions of the inattention for you.
GPS Tracking
When accidents with trucks occur, it is not uncommon for their victims to suffer serious injuries. They should be compensated for medical bills, lost wages and pain and suffering, along with other expenses. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most beneficial technologies in any accident case is GPS tracking. These devices are an integral part of the trucking industry, and typically come with a variety of crucial information that can be used to determine the extent of liability. A Qualcomm system, for example provides important information on speed and braking, engine performance and hours of service. This can be combined with other evidence like eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics data may also be valuable in a truck accident. Telematics is the gathering of information gathered by a vehicle's onboard computer. The data can be used to instruct fleet drivers and record incidents. This data could include speed, harsh braking, and phone usage. This information can be compared to the truck driver's log books to see whether accurate records were kept.
A fax record of any communications regarding the trip prior to the accident is also vital. This information can include the route, destination, any stops made on the way as well as any messages exchanged between the trucker and the company. A seasoned personal injury lawyer can use this to show that the trucker was distracted, following unsafe procedures, or taking risks that were not necessary.
If a truck accident victim can prove that the trucking company, driver or any other defendants, failed to fulfill their duty of care, and caused the collision, then they should be held accountable for any injuries that occur due to the collision. Plaintiffs must show that defendants violated a law or regulation, and that the violation caused harm. It is easier to prove that a violation was negligent in the context of traffic laws, however federal regulations require a more complex analysis.
The process of negotiating a settlement
In most cases, truck accident victims can settle their claims without having to go to court. In order to negotiate settlement, you'll be required to discuss the circumstances of your accident with the insurance company. This includes the amount that you are entitled to under the law of your state. An experienced truck accident attorney can assess your injuries and document the losses you have suffered as a result of the accident to determine much your case is worth. The attorney can draw on the results of similar cases involving similar truck accidents as well as the amount of compensation that juries have awarded victims in similar situations to determine a fair settlement amount.
Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you get is adequate to cover the losses which are documented. This includes any money you lost because you missed work to seek treatment for your injury. The lawyer can assist you document these losses, such as old pay stubs. If you are unable to return to the same kind of job because of the injuries you sustained, you could be entitled to compensation for the loss of future earning capacity as well.
Insurance companies usually begin the discussion with an offer that is low. This method is used to determine the level of urgency you have to settle your claim and could have a negative impact on the value of your claim. A knowledgeable attorney can avoid being mistreated by remaining unflinching and never yielding to pressure to accept a poor settlement.
Once your lawyer has agreed to a reasonable 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 cases, the trucking company may refuse to negotiate. oxnard truck accident attorney will then initiate a lawsuit on behalf of the negligent party.
It isn't possible for us to give a general estimate of what a truck accident settlement is worth as each case is unique and has its own factors, such as the severity of your injuries as well as the amount of time you'll miss from work due to medical treatments. But, it's not common for settlements for truck accidents to reach millions of dollars.