caresponge86
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
Truck Accident Litigation Truck accident litigation involves numerous possible defendants They could include the driver of the truck and their employer as well as a company that manufactured defective equipment or an individual contractor who loaded cargo incorrectly Many trucks have event data recorders also known as black boxes which can aid investigators in determining the cause of the crash occurred Personal injury lawyers who are experienced know how to match the data with log books Investigation of the Scene In the event of a car crash the first step in an investigation is to gather evidence in physical form and take pictures In truck accidents however there are a variety of factors to take into consideration Trucks are often carrying dangerous goods and even a minor incident can result in fatal or serious injuries Due to this the investigation process is more complex than that of a normal car accident It is also more timeconsuming and requires the assistance of experts in a variety of areas A lawyer with experience can help you locate the right people to do this job A thorough truck accident investigation includes interviewing eyewitnesses as well as going to the scene of the crash Experts are also required to reconstruct the incident from the physical evidence This information is crucial to holding a defendant liable for the incident A lawyer should also ask the trucking company and the driver for any information that could be relevant to a particular case This could include information on the trucking companys safety policies as well as training procedures and maintenance protocols Additionally the past of the driver of the truck is important such as any past incidents reprimands or drugalcohol test results The information contained in the black box in the truck is an additional piece of evidence that needs to be gathered These devices which are similar to those used in planes can provide an abundance of information regarding the accident Your attorney must get this information as soon as possible as it could fade over time due to weather or the passing traffic Additionally an attorney must also collect medical records from the victims of the crash These records will aid in proving that the injuries sustained during the crash caused significant and longlasting damage It is vital to preserve these documents as well as any medical notes or treatment schedules that are readily available Expert Witnesses Most truck accidents are settled between insurance company the victim and the trucking company However some are not and must be brought to the court This is where expert witnesses play a vital role They are experts who have the training knowledge and expertise to evaluate the evidence in your case and then provide their opinion to the jury They can explain complicated mechanical physical medical and economic concepts that many jurors have no or little knowledge of Expert witnesses could range from a straightforward car mechanic to a metallurgist who will examine the failure of a truck component or a pathologist that can determine the cause of death They may be required to look into and testify on specific aspects of the case such as the force or crash or the speed of the vehicle or the reconstruction of the accident Another important area where experts are called in is to help medical experts verify the severity of your injuries This is a subject which is often contested by the insurance company since they attempt to claim that youre exaggerating your injuries or that they were preexisting injuries and that the accident didnt cause any further damage In these situations your lawyer will bring in an independent medical expert to contest the insurance companys doctors testimony Lastly an expert witness can be essential when it comes to finding out that the trucker at fault in the accident was negligent in any way They will utilize their knowledge to assist jurors in understanding the truck drivers inability to perform their duties and the financial consequences of that failure and how the failure affected the person who was affected GPS Tracking It is not unusual for victims of truck accidents suffer severe injuries They deserve financial support for medical bills as well as lost wages pain and suffering and other related costs Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve GPS tracking is one of the most effective technologies used in the event of an accident These devices are employed by the trucking industry and usually contain a variety of vital information that help determine responsibility A Qualcomm system for instance can provide important information including speed as well as braking performance engines performance and hours of service This can be combined with other evidence such as eyewitness testimony to reconstruct the scene of the crash cape coral truck accident lawsuit of information from a truck accident case could be records from the trucking companys telematics system and dash cams Telematics involves the collection of data gathered by the vehicles onboard computer The data is used to train fleet drivers and to record incidents This data could include speed harsh braking and phone usage This information can be compared with the log books of the truck driver to determine if accurate data was recorded A fax record of any communication concerning the trip prior to the accident is also crucial This can include information about the route and destination any stops on the way and even the details of any communications between the truck driver and the company An experienced personal injury attorney can use this to show that the trucker was distracted following unsafe procedures or taking risks that were not necessary If a person injured in a collision with a truck can prove that the trucking company driver or any other defendants failed meet their duty of care and caused the collision then they must be held accountable for any injuries incurred as a result Plaintiffs must prove that defendants violated a law or regulation and that the violation caused harm It is much easier to prove that a breach of a traffic law was negligent however Federal regulations require a more thorough analysis The process of negotiating a settlement In most cases truck accident victims can settle their claims without going to court The process of reaching an agreement involves discussing the details of your case with an insurance provider and determining the amount you are entitled to under state law A truck accident lawyer can evaluate your injuries and document the losses you have suffered due to them in order to determine the value of your case The attorney will take the findings of similar cases of truck accidents and how juries have awarded victims in similar circumstances to determine the amount of a fair settlement Your lawyer may also work with the insurance company to ensure that the settlement you receive covers the documented damages This includes any money youve lost due to missing work to receive treatment for your injuries The lawyer can assist you with the documentation required for these losses including former pay stubs If youre unable to return to the same kind of job due to the injuries you sustained you could be entitled to compensation for loss of earning potential in the future as well Insurance companies usually begin the conversation with an offer that is low This method is used to determine how eager you are to settle your case and could have a negative effect on the value of your claim A seasoned attorney can prevent being lowballed by remaining unflinching and never yielding to pressure to accept an inadequate settlement After your lawyer has reached a reasonable settlement amount they will make a written demand for settlement to the party at fault that must be addressed within 30 days or your right to bring a lawsuit against the responsible party in court will be forfeited In some instances a trucking company will refuse to negotiate and your lawyer will pursue a lawsuit against a negligent party It is impossible to give a general estimate for the amount the settlement from a truck accident is worth as each situation is different including the severity of your injuries and the amount of time youll miss working to undergo medical treatments It is however not unusual for settlements in truck accidents to reach millions of dollars