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Truck Accident Litigation There are a myriad of potential defendants in truck accident litigation. They may include the truck driver and their employer and a manufacturer that manufactured defective equipment or a contractor who loaded cargo improperly. Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining how the crash occurred. Experienced personal injury attorneys will know how to link this information with log books. Investigation of the Scene In the event of a car crash, the first thing to do is gather evidence. Truck accidents are different. There are a variety of aspects to consider. For instance trucks often transport dangerous items, and even a relatively minor accident can cause severe or fatal injuries. The process of investigation is more complex than a typical car accident. It is also more time-consuming and requires the help of experts from various fields. A lawyer with experience can help you find the right people to do this work. Interviewing eyewitnesses is a crucial element of a thorough truck accident investigation. Experts are also required to reconstruct the crash using the physical evidence. This information is crucial to the case of a defendant being held accountable for the incident. A lawyer should also ask the trucking company and the driver for any information they believe to be relevant to a specific case. This could include information regarding the trucking company's safety policies training protocols, procedures for training, and maintenance protocols. Additionally, the past of the truck driver is important including any previous incidents, reprimands, or results of a drug/alcohol test. The data from the black box of the truck is another source of evidence that must be gathered. These devices, similar to those used in planes, can offer an abundance of information regarding the accident. The information you need should be requested as soon as you can by your lawyer, as it could fade away over time because of the elements or passing traffic. A lawyer should also collect medical records of the victims. These records will show that the injuries suffered during the accident have triggered long-lasting and significant damage. It is important to keep these documents, together with any notes from a doctor and treatment schedules. Expert Witnesses Although the majority of truck accidents result in an agreement between the insurance company and the victim, some do not and need to be tried in the court. Expert witnesses are essential in these cases. They are professionals who have the knowledge, training and experience to assess the evidence in your case and present their views to the jury. They can explain complex medical concepts, mechanical theories and economic concepts to jurors who have only a basic understanding of them. Expert witnesses could be anything from a simple car mechanic to a metallurgist that can evaluate the failure of a truck's component or a pathologist who can determine what caused the death. They may also be needed to look into and testify on specific elements of your case, such as the force of the crash or the vehicle's speed, or the reconstruction of an accident. Another crucial area where expert witnesses are called in is to help medical experts determine the severity of your injuries. This is a subject which can be a major issue by the insurance company 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 attorney may call in an independent expert to counter the evidence of the doctor who is a part of the insurance. A witness who is an expert in the field can be useful in proving that a truck driver was negligent. They will use their knowledge to help the jury understand the truck driver's failure perform his or her duties as well as the financial implications caused by that failure and how that failure affected you. GPS Tracking It is not uncommon that victims of truck accidents suffer severe injuries. They deserve financial support to pay medical bills and lost wages, as well as pain and suffering and other related expenses. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients. GPS tracking is among the most effective methods used in accident cases. These devices are employed by the trucking industry, and usually contain a variety important data that help determine the liability. A Qualcomm system, for instance provides important data on speed as well as braking performance, engine performance and service hours. This information can be combined with other evidence, such as eyewitness testimony to reconstruct the scene of the crash. Other crucial pieces of information in a truck accident investigation could be evidence from the trucking company's telematics software and dash cameras. Telematics is the collection of data gathered by the vehicle's onboard computer. The data is used to instruct fleet drivers and record incidents. This could include vital data like speed, harsh brakes, phone usage and more. This information can be compared with the log books of the truck driver to see whether accurate records were maintained. A fax log of any communications regarding the trip prior to the accident is also important. This can include information about the route and destination, as well as any stops along the way, or even a record of any messages between the driver of the truck and the company. An experienced personal injury lawyer can use this to prove that the truck driver was distracted, not following safe procedures, or taking risks that were not necessary. If a truck accident victim can prove that the trucking company, driver or any other defendants, did not uphold their duty of diligence and triggered the collision and caused the accident, they should be accountable for any injuries incurred due to the collision. Plaintiffs must show that defendants violated a law or regulation, and that this violation caused harm. It is much easier to prove that a violation was negligent in the context of traffic laws, but federal regulations require a more intricate analysis. The process of negotiating a settlement In many instances, truck crash victims can settle their claims without going to court. To reach a settlement, you will be required to discuss the circumstances of your accident with the insurance company. This includes the amount to which you are entitled under the law of your state. An experienced lawyer for truck accidents can evaluate your injuries and record the losses you've suffered as a result of the accident to determine your case is worth. The attorney will then be able to use the results of similar lawsuits for truck accidents and the way juries awarded victims in similar situations to establish an acceptable settlement amount. Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get is sufficient to cover the damages you have which are documented. This includes the money you have lost due to missing work to seek treatment for your injury. The lawyer can assist in submitting evidence for these losses, such as old pay stubs. If you are unable return to the same type of job because of the injuries you sustained, you could be entitled to compensation for the loss of earning potential in the future as well. nampa truck accident law firm begin the discussion by making a low offer. This tactic 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. An experienced attorney can avoid being judged low-balled by staying at peace and not giving in to the pressure to accept a shoddy settlement. After your lawyer has reached an amount that is fair and fair, they'll send the person responsible for the fault a written demand for settlement. The person who is responsible must respond within 30 days, or you'll lose your right to sue them in court. In some cases, a trucking company will not negotiate and your attorney will file a lawsuit against the negligent party. It isn't possible to provide an estimate for how much an accident settlement for a truck is worth because each individual case is unique and has its own factors, such as the degree of your injuries, as well as the length of time you'll miss from work for medical treatments. However, it isn't unusual for settlements from truck accidents to be in the millions.