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Truck Accident Litigation There are a lot of potential defendants in truck accident litigation 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 are equipped with event data recorders often referred to as black boxes that will help investigators determine the reason a crash occurred Professional personal injury attorneys be able to match the information with log books Investigation of the Scene In the event of a car crash the first step of an investigation is to gather evidence in physical form and take photographs In the case of truck accidents however there are a variety of aspects to be considered For example truck accidents often involve dangerous items and even a minor accident can cause serious or fatal injuries The investigation process is more complex than the typical car accident It is also longer and it requires the assistance of experts from various fields Fortunately a qualified lawyer can help you connect with the most qualified people for this job A thorough truck accident investigation includes interviewing eyewitnesses as well as going to the scene of the crash It also requires the assistance of experts who can reconstruct what happened on the physical evidence gathered This information is crucial to making a defendant accountable for the accident In addition the attorney should seek any details from the truck company and driver that could be relevant to the case This could include information about the safety policies of the trucking firm training procedures and maintenance protocols Additionally the past of the driver of the truck is important like any prior incidents reprimands or results of a drugalcohol test Another thing to gather is the data from the black box of the truck These devices are similar to ones found in planes and they can provide a wealth of information regarding what caused the accident The information you need should be requested immediately by your attorney as it may disappear in time because of the elements or other traffic A lawyer should also collect medical records of the victims These documents will prove that the injuries sustained in the crash have caused longlasting and substantial damage It is crucial to keep these documents together with any notes from a doctor and treatment schedules Expert Witnesses While most accidents involving trucks result in a settlement between the insurance company and the party who was injured Some do not and need to be tried in court Expert witnesses are critical in these cases They are professionals with the education and experience to evaluate the evidence in your case and then give their opinion to the jurors They can explain complicated mechanical physical medical and economic concepts that a majority of jurors are not aware of or have no understanding of Expert witnesses could be anything from a simple car mechanic to a metallurgist that can evaluate the failure of a part of the truck or a pathologist that can determine what caused the death They might also be required to testify and examine specific aspects of your case such as the force of the crash and the speed of the vehicle or reconstruction of the accident Another area in which experts are brought in is for medical experts to determine the severity of your injuries This is an area that can be heavily contested by the insurance company as they will try to claim that you are exaggerating your injuries or that they were preexisting and that the accident did not cause any further damage In these instances your attorney will call in an independent medical expert to counter the testimony of the insurance companys doctor A witness who is an expert in the field can be very beneficial in proving that the trucker was negligent Expert witnesses will utilize their knowledge to assist the jury in understanding the reasons why the truck driver did not perform his or her job what that failure caused and the financial consequences of that inattention for you GPS Tracking When accidents involving trucks happen it is not unusual for victims to sustain serious injuries They should be compensated for medical expenses lost wages pain and suffering and other expenses Cellino Law a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients GPS tracking is one of the most effective technologies used in cases of accident These devices are a standard of the trucking industry and typically have a variety of important data that can be used to determine the liability A Qualcomm system for example can provide crucial information about speed as well as braking performance engine performance and service hours This can be used in conjunction with other evidence such as eyewitness testimony to help reconstruct the scene of the crash Other important pieces of information in a car accident case could be records from the trucking companys telematics program and dash cams Telematics refers to the data gathered by a vehicles onboard computer that is used to coach fleet drivers as well as to record incidents This may include crucial data like speed harsh braking phone usage and more This information can be compared to the log books of the truck driver to determine whether accurate records were maintained A fax log of any communications regarding the trip before the accident is also vital This could include the route destination and any stops along the way as well as any messages exchanged between the trucker and the company A seasoned personal injury lawyer could use this evidence to prove that the truck driver was distracted following unsafe procedures or taking unnecessary risks If a truck accident victim can prove that the trucking company or driver or any other defendants failed to uphold their duty of diligence and triggered the collision and caused the accident they should be held accountable for any injuries that occur as a result To prevail in a lawsuit the plaintiff must show that the defendant violated a statute or regulation and that the violation directly caused harm It is much easier to prove that a breach of an traffic law was negligent however Federal regulations require a more thorough analysis The process of negotiating a settlement In many cases victims of truck accidents can settle their case without having to go to trial In order to reach a settlement youll have to discuss the details of your crash with the insurance company This includes the amount to which you are entitled under the law of your state asheville truck wreck lawyer for truck accidents will evaluate your injuries and document the losses youve suffered as a result of the accident to determine the value of your case is Then the attorney can analyze the results 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 can also negotiate directly with the insurance company to ensure that the settlement you get adequately covers the damages documented This will include any money youve lost because of your inability to work to seek treatment for your injuries Lawyers can assist in submitting the necessary documentation for the losses you suffered including old pay receipts If youre unable to return to the same sort of job because of the injuries you sustained you could be entitled to compensation for loss of future earning capacity as well Insurance companies usually begin the conversation by offering a low offer This technique is used to gauge the level of urgency you have to settle your case It could have a negative impact on the value of your claim A lawyer who is knowledgeable will avoid being slammed by staying calm and never succumbing to pressure to accept any settlement that isnt adequate After your lawyer has reached a reasonable settlement amount they will make a written demand for settlement to the responsible party and must be responded to within 30 days or your right to bring a lawsuit against the responsible party in court will be forfeited In certain cases the trucking company may not negotiate and your lawyer will bring a lawsuit against the negligent party It is not possible to provide an estimate for the amount a truck accident settlement is worth as each case is unique such as the degree of your injuries as well as the amount of time youll be absent working to undergo medical treatments Settlements from truck accidents can amount to millions of dollars