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Truck Accident Litigation There are a myriad of potential defendants in the litigation involving truck accidents. They may include the truck driver and their employer, as well as a producer that produced defective equipment or a contractor who loaded cargo improperly. Many trucks are equipped with event data recorders, also referred to as black boxes, which can help investigators determine how an accident occurred. Experienced personal injury attorneys will be able to match this information with log books. Investigation of the Scene When a car wreck occurs, the first step in an investigation is to gather physical evidence and then take photographs. In truck accidents, however, there are many more things to think about. Trucks are typically carrying dangerous items and even a minor collision can cause serious or fatal injuries. The investigation process is therefore more complex than the typical car accident. It is also more time consuming, and it requires the help of experts in different areas. Luckily, a lawyer with experience can connect you with the best people for this job. Interviewing waterbury truck accident lawsuit is an essential part of a thorough truck accident investigation. It also requires the help of experts who are able to reconstruct how the accident happened based on the evidence that is collected. This is essential in finding a defendant accountable for the accident. Furthermore, an attorney should seek out any details from the truck driver and the company that could be relevant to the case. This could include information regarding the safety policies of the trucking company as well as training procedures and maintenance protocols. The history of the driver is crucial. This includes any prior incidents, reprimands and drug/alcohol test results. Another thing to gather is the data from the truck's black-box. These devices are similar to ones found in airplanes, and they can provide a lot of information regarding how the accident occurred. This information should be requested as soon as you can by your lawyer, as it may disappear in time because of the elements or passing traffic. A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained in the crash caused long-lasting and extensive damage. It is vital to keep these documents along with any doctor's notes and treatment schedules. Expert Witnesses The majority of truck accidents are settled between insurance company, the injured party and the trucking company. However, some don't and have to be taken to court. Expert witnesses play a vital role. They are professionals with the training, knowledge, and expertise to evaluate the evidence in your case, and present their views to the jury. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors with very little or no knowledge of them. Expert witnesses can be anything from a simple car mechanic to a metallurgist who can determine the failure of a truck part or a pathologist who will determine what caused the death. They might also be required to review and testify about particular aspects of your case such as the force of the crash as well as the velocity of the vehicle or reconstruction of the accident. Another important area where expert witnesses are called in is to help medical experts verify the severity of your injuries. This is an area that can be heavily contested by the insurance company as they may try to claim that you have exaggerated your injuries or that they were pre-existing and that the accident didn't cause any further damage. In these instances your attorney can call in an independent expert to refute the testimony of the insurance doctor. A witness who is an expert in the field can be beneficial in proving that the truck driver was negligent. They will make use of their expertise to assist jurors in understanding the truck driver's failure complete his or her job as well as the financial implications which resulted from this failure and how that lack of performance affected you. GPS Tracking When truck accidents occur, it is not uncommon for victims to suffer serious injuries. They deserve financial assistance to deal with medical bills as well as lost wages, suffering and related costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they deserve. One of the most efficient technological tools in any accident scenario is GPS tracking. These devices are employed by the trucking industry, and often contain a variety of vital information which can assist in determining responsibility. A Qualcomm system, for instance can provide crucial information about speed, braking engine performance, and hours of service. This information can be combined with other evidence, including eyewitness accounts, to reconstruct the scene of the crash. Dash cams as well as telematics records could also prove useful during a truck collision. Telematics is the process of collecting data collected by a vehicle’s onboard computer. This information is used to coach fleet drivers and to record incidents. This may include crucial details like speed, rough braking, phone usage, and more. This information can be compared to the truck driver's log books to determine if accurate records were maintained. Another crucial piece of information is any fax records that may have been transmitted regarding the trip prior the accident. This could include information about the route, destination, any stops along the way as well as any messages exchanged between the trucker and the company. This can be used by a seasoned personal injury lawyer to prove that the trucker was distracted or not following safe procedures. If a person injured in a collision with a truck can prove that the trucking company or driver or any other defendants failed to uphold their duty of diligence and triggered the collision then they must be held accountable for any injuries that occur as a result. To prevail in a lawsuit, the plaintiff must prove that the defendant acted in violation of any law or regulation, and this breach directly caused harm. It is easy to prove that a violation was negligent in the context of traffic laws, however federal regulations require a much more complicated analysis. The process of negotiating a settlement In many cases, truck accident victims are able to settle their claims without having to go to court. In order to negotiate a settlement, you'll need to discuss the facts of your crash with the insurance company. This includes the amount that you are entitled to under state law. A lawyer who handles truck accidents can evaluate your injuries and document your losses as a result to determine the value of your case. Then, the attorney can take the findings of similar truck accident cases and how juries have awarded victims in similar situations to determine the amount of a fair settlement. Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This will include any amount you've lost because of your inability to work to seek treatment for your injuries. Lawyers can assist with submitting documentation to prove these losses, such as old pay stubs. If your injuries prevent you from returning to your previous job, you may also be eligible for compensation. Insurance companies typically start the conversation by making an offer of low value. This technique is used to gauge how desperate you are to settle your case and could have a negative impact on the value of your claim. A lawyer with experience can avoid being lowballed by remaining calm, and not allowing pressure to accept any settlement that isn't adequate. Once your lawyer has reached an acceptable settlement amount, they'll send a settlement demand in writing to the at-fault party and must be responded to within 30 days or your right to sue the responsible party in court will be forfeited. In some instances a trucking company will refuse to negotiate and your attorney will pursue a lawsuit against a negligent party. It is impossible to give a general estimate of what a truck accident settlement is worth since each case has unique factors such as the severity of your injuries and the amount of time you'll miss working to undergo medical treatments. But, it's not uncommon for truck accident settlements to exceed millions of dollars.