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Truck Accident Litigation Truck accident litigation involves numerous possible defendants. They may include the truck driver and their employer, as well as a producer who produced defective equipment, or a contractor who loaded cargo in a way that was not properly. Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining what caused the crash occurred. Personal injury attorneys with experience will be able to match the data in log books. Investigation of the Scene In the case of a car accident the first thing you need to do is gather evidence. Truck accidents are different. There are other factors to consider. For instance trucks often transport dangerous goods, and even a relatively minor crash could result in severe or fatal injuries. The investigation process is more complex than a typical car accident. It takes more time and requires the help of experts from a variety of areas. A qualified lawyer can help you find the right experts to perform this job. The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. Experts are also required to reconstruct the incident based on the collected physical evidence. This information is crucial in the case of a defendant being held accountable for the incident. In addition, the attorney should seek out any information from the truck driver and the company that might be relevant to the case. This could include information on the safety policies of the trucking firm or training procedures, as well as maintenance protocols. Also, the history of the driver of the truck is crucial including any previous incidents, reprimands or drug/alcohol test results. Another thing to be gathered is the data from the truck's black box. These devices, which are similar to those used in planes, may provide a lot of information about the accident. Attorneys must seek this information as quickly as possible, as it could fade over time due to the elements or the passing traffic. A lawyer should also collect medical records of the victims. These records will show that the injuries suffered during the crash caused long-lasting and substantial damage. It is vital to keep these documents along with any medical notes and treatment schedules. Expert Witnesses Although the majority of truck accidents result in an agreement between the insurance company and the victim, some do not and must be tried in the court. Expert witnesses are crucial in these cases. They are experts with the experience and training to assess the evidence in your case and provide their opinions to jurors. They can explain complicated mechanical concepts, medical concepts and economic concepts to jurors who have only a basic understanding of them. Depending on the type of expert witness required they can be as simple as a car mechanic who can determine why your vehicle was damaged in the accident or metallurgists who conduct a failure analysis of an individual truck component or pathologists who determine the causes of death. They could also be required to look into and testify on specific aspects of your case like the impact of the crash, vehicle velocity, or accident reconstruction. Medical experts are also called upon to determine the extent and severity of your injuries. Insurance companies will often contest this claim, claiming that you exaggerate your injuries, or that they have pre-existing conditions and that the incident didn't cause any further harm. In these situations your lawyer will call an independent medical expert to counter the claims of the insurance company's doctor. A witness who is an expert in the field can be extremely useful in proving that a truck driver was negligent. They can use their expertise to help the jury comprehend the truck driver's failure perform their duties as well as the financial implications caused by that failure, and how that failure affected the person who was affected. GPS Tracking It is not unusual for victims of truck accidents suffer serious injuries. They are entitled to financial aid for medical expenses as well as lost wages, pain and suffering and other related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight to get the compensation they deserve. GPS tracking is one of the most effective methods used for accident cases. These devices are an integral part of the trucking industry and frequently contain a range of crucial information that can be used to determine the extent of liability. A Qualcomm system, for instance can provide vital data on speed, braking, engine performance and service hours. This information can be combined with other evidence, like eyewitness testimony to reconstruct the scene of a crash. Other pieces of valuable information from a truck accident investigation could be evidence from the telematics software used by the trucking company and dash cameras. Telematics is the process of collecting information gathered by a vehicle's onboard computer. This data can be used to instruct fleet drivers and record incidents. The data can include speed, harsh braking and phone usage. This information can be compared to the truck driver's log books to determine if the correct records were maintained. Another crucial piece of information is any fax records that may have been sent regarding the trip prior to the accident. This could include information about the route, destination, any stops along the way, as well as any messages sent between the trucker and the company. An experienced personal injury attorney can use this information to prove that the trucker was distracted, following unsafe procedures, or taking risks that were not necessary. If a victim of a truck accident is able to demonstrate that the trucking company, driver or other defendants failed to adhere to their duty of care and caused the accident and the victim should be held responsible for any injuries incurred due to. To win a case, the plaintiff must prove that the defendant violated a statute or regulation and this breach directly caused harm. It is much easier to show that a violation of traffic laws was negligent however, Federal regulations require a more intricate analysis. Negotiating a Settlement In many instances the truck accident victim may settle their claim without having to go to trial. The process of negotiating settlement involves discussing the facts of your case with an insurance company, including the amount you are legally entitled to under state law. A truck accident lawyer can evaluate your injuries, and document the damages you suffered that result from them to determine the worth of your case. The attorney will take the findings of similar cases of truck accidents and the amount of compensation that juries have awarded victims in similar circumstances to determine the fair amount to settle. Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive adequately covers your documented damages. This will include any money you've lost because of your inability to work to get treatment for your injuries. The lawyer can help you with the documentation required for these losses, such as old pay stubs. If you're unable to return to the same kind of job due to your injuries, you may be entitled to compensation for loss of earning potential in the future as well. Insurance companies usually begin the discussion by making a low offer. This technique is used to gauge the level of urgency you have to settle your case and can have a negative impact on the value of your claim. A seasoned attorney can prevent being judged low-balled by staying at peace and not giving in to the pressure to accept a shoddy settlement. After your lawyer has agreed to an amount that is reasonable then they will mail the at-fault person an email request for settlement. The other party must respond within 30 days, or you'll lose your right to pursue them in court. In some cases the trucking company might refuse to negotiate. manteca truck accident law firm will bring a lawsuit on behalf of the party who was negligent. It is not possible to give an estimate of the value of a truck accident settlement as each case is unique. For instance the severity of injuries and the time you'll be away from work to receive medical treatment are factors that differ. However, it isn't uncommon for truck accident settlements to exceed millions of dollars.