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Truck Accident Litigation There are a variety of defendants in a lawsuit involving a truck accident. They may include the truck driver and their employer as well as a producer that made defective equipment or a contractor who loaded cargo in a way that was not properly. Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining the cause of the crash occurred. Personal injury attorneys with experience will be able match the data in log books. Investigation of the Scene In the event of a car crash the first thing to do is collect physical evidence. Truck accidents are not the same. There are other aspects to consider. Trucks often transport dangerous goods, and even a minor collision can result in fatal or serious injuries. The process of investigation is more complicated than a typical car accident. It is also longer, and it requires the assistance of experts in various areas. Luckily, a reputable lawyer can connect you with the best people to do this job. An exhaustive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the scene of the accident. It also requires the assistance of experts who can retrace what happened on the physical evidence that is collected. This information is crucial to holding a defendant responsible for the occurrence. In addition, the attorney should seek any information from the trucking driver and the company that might be relevant to the case. This could include information regarding the safety policies of the trucking firm training protocols, procedures for training, and maintenance procedures. The past history of the driver is important. This could include any previous incidents, reprimands and drug/alcohol tests. The data from the black box of the truck is a different element of evidence that should be collected. These devices, similar to those used in planes, can offer lots of details regarding the incident. Your attorney must get this information as soon as you can, since it may disappear over time due to weather conditions or traffic. Finally, an attorney should also gather medical records from the victims of the crash. These documents will prove that the injuries sustained in the crash have caused long-lasting and substantial damage. It is essential to keep these documents, together with any notes from a doctor and treatment schedules. Expert Witnesses Most 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 taken to court. This is where expert witnesses play a crucial role. They are professionals who have the expertise, education, and expertise to evaluate the evidence in your case, and then provide their opinion to the jury. They can explain complex mechanical, physical, medical, and economic concepts that many jurors are not aware of or have no understanding of. Expert witnesses can vary from a basic car mechanic to a metallurgist that can determine the failure of a truck part or a pathologist who will determine the cause of death. They may be required to look into and testify on specific aspects of your case, for instance the force of the crash or the vehicle's velocity, or the accident reconstruction. Another crucial area where experts are called in is to help medical experts determine the severity of your injuries. This is a subject that can be heavily contested by the insurance company as they try to argue that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any additional harm. In these instances your lawyer may bring an independent expert to refute the testimony of the insurance doctor. Lastly an expert witness can be vital when it comes to showing that the truck driver involved in the accident was negligent in some way. They will make use of their expertise to assist jurors in understanding the truck driver's failure to perform his or her duties, the financial consequences caused by that failure and how that failure affected you. GPS Tracking It is not uncommon to see victims of truck accidents suffer serious injuries. They are entitled to financial aid for medical expenses as well as lost wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they are due. One of the most effective technological tools in any accident scenario is GPS tracking. These devices are used by the trucking industry, and often contain a variety important data that help determine the who is responsible. A Qualcomm system, for example can provide crucial data on speed as well as braking performance engines performance and hours of service. This can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash. Other crucial pieces of information in a car accident case could be records from the trucking company's telematics system and dash cams. Telematics is a collection of information gathered by an automobile's onboard computer that is used for training of fleet drivers and also to record incidents. It can contain important data like speed, harsh brakes, usage of phones and more. This can be compared to the log books of the truck drivers to determine if accurate records were recorded. connecticut truck accident attorney of any communication concerning the trip before the accident is also important. This information can include the route, destination, and any stops made along the way and any messages exchanged between the trucker and the company. An experienced personal injury attorney can use this information to prove 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 meet their duty of care and caused the accident and caused the accident, they should be held accountable for any injuries incurred due to the collision. In order to win a case the plaintiff must prove that the defendant violated a statute or regulation and that the breach directly caused harm. It is easier to prove that a breach of traffic laws was negligent however, Federal regulations require a more thorough analysis. Negotiating a Settlement In many instances truck accident victims may settle their claim without having to go to trial. To reach a settlement, you will need to discuss the facts of your accident with the insurance company. This is the amount you are entitled under the law of the state. An experienced truck accident attorney will evaluate your injuries and document the damage you have suffered in the accident to determine much your case is worth. The attorney can use the results of other similar cases involving similar truck accidents as well as the way juries have awarded victims in similar situations to determine the amount of a fair settlement. Your lawyer can also work directly with the insurance company to ensure that the settlement you receive is adequate to cover the losses which are documented. This includes the money you've lost due to your inability to work to get treatment for your injury. The lawyer can help with the documentation required for these losses, such as old pay statements. If you are unable return to the same type of job because of your injuries, you may be entitled to compensation for loss of future earning capacity as well. Insurance companies typically begin the conversation with an offer that is low. This strategy is used to determine how eager you are to settle your case. This could have a negative impact on the value of your claim. A knowledgeable attorney can avoid being snubbed by a judge by remaining at peace and not giving in to pressure to accept an inadequate settlement. Once your lawyer has agreed to an acceptable settlement amount, they'll make a written demand for settlement to the responsible party and must be responded to within 30 days or your right to pursue the responsible party in court will be forfeited. In some cases the trucking company may refuse to negotiate. Your attorney will initiate an action on behalf of the negligent party. It isn't possible to provide a general estimate of how much the settlement from a truck accident is worth, as each case is unique, such as the extent of your injuries and the length of time you'll be absent from work to receive medical treatment. Settlements for truck accidents can be millions of dollars.