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Truck Accident Litigation There are a myriad of potential defendants in a lawsuit involving a truck accident. They could include the driver of the truck and 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 referred to as black boxes, which can aid investigators in determining the cause of the crash took place. An experienced personal injury lawyer will know how 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 usually to gather evidence in physical form and take photos. Truck accidents are different. There are more factors to consider. Trucks are often 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 more time consuming, and it requires the assistance of experts in a variety of areas. A qualified lawyer can assist you in finding the right professionals to handle this job. The process of interviewing eyewitnesses is a vital component of a thorough accident investigation. Experts are also needed to reconstruct the accident from the physical evidence. This information is essential to the case of a defendant being held accountable for the incident. A lawyer should also ask the trucking company and driver for any information that might be relevant to the case. This could include information on the trucking company's safety policies, training procedures, and maintenance procedures. Additionally, the past of the driver of the truck is important including any previous incidents, reprimands, or drug/alcohol test results. The information contained in the black box of the truck is another source of evidence that must be collected. These devices are similar to ones found in airplanes, and can provide a lot of information on how the accident occurred. Your lawyer must seek this information as quickly as possible, as it could disappear over time due to weather conditions or passing traffic. A lawyer should also gather medical records of the victims. These records will prove that the injuries suffered in the crash have caused a significant and lasting injury. It is vital to preserve these documents, along with any doctor's notes or treatment schedules that are available. Expert Witnesses Most truck accidents are settled between the insurance company, the injured party and the trucking company. However, there are some that do NOT and must be taken to the court. Expert witnesses are essential in these cases. They are experts with the training and knowledge to evaluate the evidence in your case and provide their opinion to jurors. They can explain complicated mechanics, medical concepts, and economic concepts to jurors who have little or no understanding of them. Based on the type of expert witness you require, they could be as basic as a mechanic who can identify why your vehicle was damaged during the crash or metallurgists who perform a failure analysis on the truck part that is in question or pathologists who determine the cause of death. They may also be required to testify and examine particular aspects of your case like the force of the crash or the vehicle's speed, or even the reconstruction of the accident. Medical experts are also required to verify the extent and severity of your injuries. This is an area that is frequently contested by the insurance company since they try to argue that you are exaggerating your injuries or that they were pre-existing and that the accident did not cause any additional harm. In these instances your lawyer will call in an independent medical expert to contest the insurance company's doctor's testimony. Lastly, 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. They will make use of their expertise to help the jury understand the reasons why the truck driver was not doing his or her job, what that failure caused and the financial consequences that resulted from the inattention for you. GPS Tracking It is not uncommon that victims of truck accidents suffer serious injuries. baton rouge truck accident law firm deserve financial support to pay medical bills as well as lost wages, pain and suffering and other associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight to get the compensation they deserve. GPS tracking is among the most effective methods used in the event of an accident. These devices are an integral part of the trucking industry and usually have a variety of important data that can be used to determine the liability. A Qualcomm system, for example can provide crucial data on speed and braking engines performance and hours of service. This can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash. Dash cams and telematics data could also prove useful in the event of a truck accident. Telematics is the collection of data that is gathered by a vehicle's onboard computer. This data is used to train fleet drivers and record incidents. The information could include speed, harsh braking and phone usage. It can be compared to the log books of the truck drivers to determine whether accurate records were recorded. Another important aspect is any fax communication records that were sent about the trip prior to the accident. It could contain information regarding the route and destination, as well as any stops during the journey, and even the record of any communication between the truck driver and the company. This information can be used by an experienced personal injury lawyer to show that the trucker was distracted or not following safe procedures. If a person injured in a collision with a truck is able to demonstrate that the trucking company, driver or any other defendants failed to adhere to their duty of care and caused the collision they must be held accountable for any injuries incurred due to. Plaintiffs must show that the defendants broke a law or regulation, and that this violation caused harm. It is easier to prove that a violation was not negligent in the context of traffic laws, however 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 going to court. The process of reaching an agreement involves discussing the facts of your case with an insurance company and determining the amount 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 in order to determine the value of your case. The attorney can then use the results of similar lawsuits related to truck accidents as well as how juries awarded victims in similar situations to calculate a reasonable settlement amount. Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers your documented damages. This includes any money that you've lost due to your inability to work to get treatment for your injury. Lawyers can assist you to submit documentation for the losses, including old pay statements. If your injuries prevent you from returning to your previous job, you could be entitled to compensation. Insurance companies typically begin the discussion with an offer that is low. This is a common tactic to gauge how desperate you are to negotiate a settlement and can impact the value of your case. An experienced attorney can avoid being snubbed by a judge by remaining at peace and not giving in to pressure to accept an inadequate settlement. After your lawyer has negotiated an amount that is reasonable and fair, they will send the person who is at fault a written demand for settlement. The party must reply within 30 days, otherwise you'll lose the right to bring a lawsuit against them in court. In some cases the trucking company may refuse to negotiate and your lawyer will bring a lawsuit against the negligent party. It isn't possible to provide a general figure for how much an accident settlement for a truck is worth, as each case is unique and has its own factors, such as the severity of your injuries as well as the amount of time you will miss from work for medical treatments. However, it is not unusual for settlements from truck accidents to be in the millions.