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Truck Accident Litigation Truck accident litigation involves an array of possible defendants. These defendants could include the driver of the truck and their employer as also a company that manufactured defective equipment, or an individual contractor who loaded cargo incorrectly. Many trucks have event data recorders, also referred to as black boxes. These can assist investigators in determining how an accident occurred. Personal injury lawyers with experience will be able match the log book information with the accident. Investigation of the Scene In the event of a car crash the first thing to do is gather physical evidence. Accidents involving trucks are distinct. There are other factors to consider. For example truck accidents often involve dangerous items, and even a relatively minor crash can cause fatal or serious injuries. This is why the investigation process is more complicated than that of a normal car accident. It is also more time consuming and requires the help of experts in a variety of areas. Luckily, a lawyer with experience can connect you to the most qualified people to do this job. Eyewitness interviews are a vital element of a thorough truck accident investigation. It also requires the assistance of experts who are able to reconstruct the events that led to the accident based on the physical evidence that is collected. This information is essential to making a defendant accountable for the incident. Additionally, an attorney must request any details from the truck driver and the company that could be relevant to the case. This could include information about the safety guidelines of the trucking company, maintenance protocols, and training procedures. The past of the driver is also crucial. This includes any prior incidents, reprimands and drug/alcohol test results. Another evidence source to be gathered is the data from the truck's black box. These devices, similar to those found in planes, may provide many details about the incident. The information you need should be requested whenever possible by your attorney, since it could fade away over time because of the elements or the speed of traffic. A lawyer should also gather medical records of the victims. These documents will prove that the injuries suffered during the accident have caused lasting and substantial damage. It is vital to preserve these documents, as well as any medical notes or treatment schedules that are available. Expert Witnesses The majority of truck accidents are settled between insurance company, the person who was injured and the trucking company. However, there are some that do NOT and must be taken to court. Expert witnesses play a crucial role. They are professionals with the knowledge and training required to assess the evidence in your case, and then give their opinion to the jurors. They can explain complex medical, physical, mechanical, and economic concepts that a majority of jurors have no or little understanding of. Expert witnesses could vary from a basic car mechanic to a metallurgist that can analyze the failure of a part of the truck or a pathologist who can determine the cause of death. They could also be required to review and testify about specific elements of your case, such as the impact of the crash and the speed of the vehicle, or the reconstruction of an accident. Another area in which expert witnesses are called in is for medical experts to determine the severity of your injuries. Insurance companies typically contest this issue, claiming you exaggerate the severity of your injuries or that they have pre-existing conditions and that the incident didn't cause any further damage. In these cases, your attorney may call in an independent expert to refute the testimony of the insurance doctor. Lastly, edmond truck accident attorney can be vital when it comes to proving that the trucker involved in the accident was negligent in a certain way. They will make use of their expertise to help the jury understand the truck driver's failure to complete his or her job, 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 severe injuries. They deserve compensation for medical bills, lost wages and suffering and pain, as well as other 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 are due. One of the most beneficial technologies in any case of accident is GPS tracking. These devices are a standard of the trucking industry and usually have a variety of crucial information that can be used to determine the liability. A Qualcomm system can provide, for instance, important information such as speed of braking engine performance, service hours. This can be combined with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash. Other valuable pieces of information from a truck accident case may include records from the telematics software used by the trucking company and dash cams. Telematics is the gathering of information gathered by a vehicle's onboard computer. This data is used to train fleet drivers and record incidents. This may include crucial details like speed, rough brakes, phone usage and more. This can be compared with the log books of truck drivers to determine if they had accurate records were kept. Another important piece of information is any fax records that were sent about the trip prior to the incident. This can include information about the route and the destination, any stops on the way, and even a record of any messages between the driver of the truck and the company. An experienced personal injury lawyer can use this to show that the truck driver was distracted, followed unsafe procedures or taking unnecessary risks. If a person injured in a collision with a truck is able to demonstrate that the trucking company, truck driver or other defendants failed to uphold their duty of care and caused the accident and resulting injury, they should be held responsible for any injuries that may have occurred as a result. Plaintiffs must prove that defendants violated a statute or regulation, and that this violation caused harm. It is simpler to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a much more complicated analysis. The process of negotiating a settlement In many instances, truck accident victims are able to settle their claims without having to go to court. In order to reach a settlement, you'll need to discuss the facts of your accident with the insurance company. This includes the amount to which you are entitled under the law of the state. An experienced truck accident attorney can assess your injuries and document the damages you've suffered in the crash to determine how the value of your case is. The attorney will take the findings of similar truck accident cases and the amount of compensation that juries have awarded victims in similar situations to determine the amount of a fair settlement. Your lawyer may also work with the insurance company to make sure that the settlement you receive covers the documented damages. This will include any amount you've lost because you were unable to work to get treatment for your injuries. The lawyer can help you document these losses, which could include former pay stubs. If you're not able to return to the exact same type of job due to your injuries, you may be eligible for compensation for the loss of future earning capacity as well. Insurance companies typically begin the conversation by making an offer that is low. This is a common tactic to determine how desperate you are for a settlement and could affect the value of your case. An experienced attorney can avoid being mistreated by remaining neutral and refusing to give in to pressure to accept a low settlement. Once your lawyer has reached an acceptable settlement amount, they will send a written demand for settlement to the responsible party and must be responded to within 30 days or your rights to take action against the responsible party in court will be forfeited. In certain cases a trucking company will refuse to negotiate, and your lawyer will file a lawsuit against the negligent party. It is difficult to give an estimate of the value of a truck crash settlement because every case is different. For instance the severity of the injuries and the time you'll miss work to receive medical treatment are some of the factors that vary. Truck accident settlements can reach millions of dollars.