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Truck Accident Litigation The litigation involving truck accidents involves numerous potential defendants. These defendants may include the driver of the truck and their employer as and a business that manufactured defective equipment, or a contractor who improperly loaded cargo. Many trucks have event data recorders, also referred to as black boxes. They will help investigators determine the reason the crash happened. Personal injury lawyers with years of experience will be able to verify the data contained in log books. Investigation of the Scene In the event of a car crash the first step in an investigation is to gather physical evidence and take photographs. However, in the case of truck accidents, there are many more aspects to be considered. For example truck accidents often involve dangerous items and even a minor crash can result in severe or fatal injuries. st cloud truck accident law firm is therefore more complex than the typical car accident. It takes longer and requires the assistance of experts from various areas. Luckily, a reputable lawyer can help you connect with the most qualified people for this task. The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. Experts are also required to reconstruct the incident using the physical evidence. This is essential in making a defendant accountable for the accident. A lawyer should also contact the trucking company as well as the driver for any information that could be relevant to the case. This could include information on the trucking company’s safety policies, maintenance protocols, and training procedures. The past history of the driver is also important. This could include any previous incidents, reprimands and drug/alcohol test results. Another evidence source to look for is the information from the black box in the truck. These devices are similar to the ones that are installed in airplanes, and they can provide a great deal of details about how the accident happened. The information you need should be requested as soon as possible by your attorney, as it could disappear over time due to the elements or passing traffic. In addition, the attorney should also obtain medical records from the victims of the crash. These records will aid in proving that the injuries suffered in the crash have caused substantial and lasting damage. It is crucial to keep these documents, together with any notes from a doctor and treatment schedules. Expert Witnesses While the majority of truck accidents end up in an agreement between the insurance company and the injured party Some do not, and have to be tried in court. This is where expert witnesses play a key role. They are professionals with the training and knowledge to evaluate the information in your case, and then provide their opinion to jurors. They can explain complicated mechanics, medical concepts, and economic concepts to jurors with only a basic understanding of them. Expert witnesses can vary from a basic car mechanic to a metallurgist able to analyze the failure of a truck component or a pathologist who can determine the cause of death. They might be required to examine and testify on particular elements of your case, for instance the force of the crash or the vehicle's velocity, or the reconstruction of the accident. Medical experts are also required to determine the severity and extent of your injuries. Insurance companies frequently contest this area, claiming that you exaggerate your injuries or that they were pre-existing issues and that the accident did not cause any further damage. In these instances, your attorney will call in an independent medical expert who will challenge the testimony of the insurance company's doctor. A witness who is an expert in the field can be very helpful in proving a trucker was negligent. They will use their expertise to assist the jury in understanding the reasons why the truck driver did not perform his or her job, the consequences the failure led to, and the resulting financial consequences that resulted from the inattention for you. GPS Tracking When accidents with trucks occur it is not uncommon for their victims to sustain serious injuries. They deserve compensation for medical bills, lost wages and pain and suffering, and other 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 efficient technologies in any case of accident is GPS tracking. These devices are a standard of the trucking industry and usually contain a range of crucial information that can be used to determine liability. A Qualcomm system, for example provides important information including speed, braking engines performance and service hours. This can be used in conjunction with other evidence, like eyewitness testimony to reconstruct the scene of the crash. Other valuable pieces of information from a truck accident investigation could be evidence from the trucking company's telematics program and dash cameras. Telematics is the process of collecting data collected by a vehicle’s onboard computer. This data is used to train fleet drivers and to record incidents. The information could include speed, harsh braking and phone usage. This can be compared against the truck driver's log books to determine if the correct records were recorded. A fax recording of any communications regarding the trip before the accident is also crucial. This could include information about the route and destination, as well as any stops on the way, and even the details of any communications between the driver of the truck and the company. This information can be used by a seasoned personal injury lawyer to show that the trucker was distracted or did not follow safe procedures. If the victim of a car accident can prove that the trucking company, driver or any other defendants, did not perform their duty of care and triggered the collision and caused the accident, they should be held accountable for any injuries suffered due to the collision. To prevail in a lawsuit, the plaintiff must show that the defendant violated a statute or regulation and that this violation directly caused harm. It is easy to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more intricate analysis. The process of negotiating a settlement In many instances, truck crash victims can settle their claims without going to court. To reach an agreement, you'll need to discuss the specifics of your crash with the insurance company. This includes the amount to which you are entitled to under the law of the state. An experienced lawyer for truck accidents can evaluate your injuries and document the losses you have suffered as a result of the accident to determine the value of your case is. The attorney can draw on the results of similar truck accident cases 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 in order to ensure that the settlement you receive will adequately cover the damage you've which are documented. This includes money you've lost due to your inability to work to receive treatment for your injury. The lawyer can assist in submitting documentation for these losses, such as old pay receipts. If you're unable to return to the same type of job because of your injuries, you may be entitled to compensation for the loss of future earning capacity as well. Insurance companies typically start the conversation by making a low offer. This is a standard tactic to test how desperate you are to settle your case and can affect the value of your case. A lawyer who is experienced will avoid being slammed by remaining calm, and never succumbing to pressure to accept any settlement that isn't adequate. Once your lawyer has reached a reasonable settlement amount, they'll send a settlement demand in writing to the party at fault and must be responded to within 30 days or your right to pursue the responsible party in court will be revoked. In some cases the trucking company could refuse to negotiate. Your lawyer will bring a lawsuit on behalf of the negligent party. It isn't possible to provide an estimate for the amount a settlement for a truck accident is worth, as each case has unique factors including the severity of your injuries as well as the length of time you will miss from work for medical treatments. Settlements for truck accidents can be millions of dollars.