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Truck Accident Litigation There are many potential defendants in a lawsuit involving a truck accident These defendants could include the driver of the truck as well as their employer as in addition to a company which manufactured defective equipment or a contractor who loaded cargo incorrectly Many trucks have event data recorders also called black boxes which can aid investigators in determining why a crash happened Personal injury lawyers with years of experience will be able to verify the data in log books Investigation of the Scene When a car wreck occurs the first step of an investigation is to gather evidence in physical form and take pictures When it comes to truck accidents there are a variety of things to think about Trucks are frequently carrying dangerous goods and even a minor incident can result in fatal or serious injuries Because of this the investigation process is more complex than the typical car accident It is also longer and requires the assistance of experts in different fields A lawyer who is qualified can help you locate the right experts to perform this work An exhaustive investigation into a truck accident involves interviewing eyewitnesses as well as visiting the site of the accident It also requires the help of experts who can retrace how the accident happened based on the physical evidence gathered This information is essential to finding a defendant accountable for the accident Additionally the attorney should seek out any information from the trucking company and driver that could be relevant to the case This could include information about the trucking companys safety policies maintenance protocols policies for maintenance and training procedures Also the history of the driver of the truck is crucial including any previous incidents reprimands or test results for alcohol or drugs Another thing to be gathered is the data from the trucks black box These devices similar to those found in planes can offer lots of details regarding the accident Attorneys must ask for this information as fast as possible as it could be lost due to weather or passing traffic Finally an attorney must also collect medical records from the victims of the crash These documents will prove that the injuries sustained during the crash have caused longlasting and extensive damage It is crucial to preserve these documents as well as any doctors notes or treatment plans that are available Expert Witnesses Although the majority of truck accidents result in a settlement between the insurance company and the person who was injured however some dont and must be tried in court Expert witnesses play an important role They are professionals who have the expertise education and expertise to evaluate the facts in your case and present their views to the jury They can explain complicated medical physical mechanical and economic concepts that a majority of jurors lack understanding of Depending on the type of expert witness required they could be as straightforward as a car mechanic who can figure out why your vehicle was damaged during the accident and metallurgists that can conduct a failure analysis of an individual truck component or pathologists who determine the cause of death They may also be required to examine and testify about specific elements of your case like the impact of the crash or the vehicles speed or even the reconstruction of the accident Medical experts are also required to determine the extent and severity of your injuries Insurance companies typically contest this claim claiming that you exaggerate your injuries or the fact that these were preexisting injuries and that the incident didnt cause any additional harm In these instances your lawyer will bring an independent medical expert to contest the doctors testimony for insurance companies Finally an expert witness can be crucial when it comes to finding out that the trucker at fault in the accident was negligent in a certain way new jersey truck accident lawsuit will utilize their knowledge to assist jurors in understanding the truck drivers failure to perform his or her duties the financial consequences which resulted from this failure and how that failure affected you GPS Tracking When accidents involving trucks happen it is not uncommon for victims to sustain serious injuries They need financial assistance to pay medical bills as well as lost wages pain and suffering and other related costs Cellino Law a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients One of the most efficient tools in any accident scenario is GPS tracking These devices are employed by the trucking industry and often contain a range of important information that help determine the who is responsible A Qualcomm system can provide for instance important information such as speed and braking performance engine performance and service hours This information can be used in conjunction with other evidence such as eyewitness testimony to help reconstruct the scene of the crash Dash cams and telematics reports can also be useful in a truck accident Telematics refers to the data gathered by a vehicles onboard computer that is used for fleet driver coaching and to record incidents This data could include speed harsh braking and phone usage This can be compared with the log books of truck drivers to determine whether accurate records were kept Another crucial piece of information is any fax messages that might have been sent out regarding the journey prior to the accident This could include information on the travel route and its destination any stops along the way or even a record of any messages between the driver of the truck and the company A skilled personal injury lawyer can use this to show that the trucker was distracted followed unsafe procedures or taking unnecessary risks If a victim of a truck crash can prove that the trucking company or driver or any other defendants failed to uphold their duty of diligence and caused the collision then they should be held accountable for any injuries incurred due to the collision Plaintiffs must show that the defendants violated a law or regulation and that the violation caused harm It is much easier to show that a violation of an traffic law was negligent however Federal regulations require a more complex analysis Negotiating a Settlement In most cases truck accident victims can settle their claims without having to go to court In order to negotiate a settlement you will have to discuss the details of your crash with the insurance company This includes the amount to which you are entitled to under the law of your state A lawyer who handles truck accidents can evaluate your injuries and document the damages you suffered due to them in order to determine the value of your case Then the attorney can use the results of other similar cases involving truck accidents and how juries have rewarded victims in similar circumstances to determine the fair amount to settle Your lawyer can also negotiate directly with the insurance company to ensure that the settlement you receive is sufficient to cover the damages you have documented This will include any amount youve lost because of your inability to work to get treatment for your injuries The lawyer can help you with the documentation required for these losses such as old pay statements If you are unable to return to the same sort of job due to the injuries you sustained you could be eligible for compensation for the loss of earning potential in the future as well Insurance companies will often start the conversation with an offer that is low This is a common tactic to test how desperate you are to settle your case and can affect the value of your case A knowledgeable attorney can avoid being mistreated by remaining unflinching and never yielding to pressure to accept a low settlement After your lawyer has reached an acceptable settlement amount they will send a written demand for settlement to the party responsible for the fault and must be responded to within 30 days or your right to sue the responsible party in court will be forfeited In certain cases a trucking company will not negotiate and your lawyer will pursue a lawsuit against a negligent party It is impossible to give an estimate of the value of a truck accident settlement because each case is unique For example the severity of injuries and the length of time youll be off from work for medical treatment are some of the factors that differ Settlements for truck accidents can range from millions of dollars