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Truck Accident Litigation There are a variety of defendants in a lawsuit involving a truck accident. They could include the truck driver and their employer, as well as a manufacturer who produced defective equipment, or a company that loaded cargo improperly. Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining how a crash happened. Personal injury attorneys with experience will be able match the data in log books. Investigation of the Scene In the event of a car crash the first step of an investigation is to gather evidence in physical form and take photographs. When it comes to truck accidents there are numerous other factors to take into consideration. For example trucks are frequently transporting dangerous items and even a minor crash can cause serious or fatal injuries. Because of this, the investigation process is more complex than the typical car accident. It takes more time and requires the help of experts from a variety of fields. Fortunately, mount pleasant truck accident lawyer qualified lawyer can connect you to the most qualified people for this task. A thorough truck accident investigation involves interviewing eyewitnesses and visiting the scene of the accident. Experts are also needed to reconstruct the crash by analyzing the physical evidence. This information is vital in finding a defendant accountable for the occurrence. A lawyer must also inquire of the trucking firm and the driver for any information that could be relevant to a case. This could include information about the safety guidelines of the trucking company maintenance protocols, as well as training procedures. The past of the driver is important. This includes any prior incidents, reprimands, or drug/alcohol test results. Another source of evidence to gather is the data from the black box in the truck. These devices, like those used in planes, may provide many details about the incident. The information you require should be sought immediately by your attorney, since it may disappear in time due to the elements or traffic. Additionally, an attorney should also collect medical records from the victims of the crash. These records will prove that the injuries sustained in the crash have caused substantial and lasting damage. It is essential to keep these documents along with any doctor's notes and treatment schedules. Expert Witnesses While the majority of truck accidents end up in an agreement between the insurance company and the party who was injured, some do not and must be tried in court. Expert witnesses play a key role. They are experts with the education and experience to evaluate the evidence in your case, and offer their opinion to jurors. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors who have little or no knowledge of them. Expert witnesses could vary from a basic car mechanic to a metallurgist able to examine the failure of a part of the truck or a pathologist that can determine what caused the death. They could also be required to testify and examine specific aspects of your case like the impact of the crash and the speed of the vehicle, or accident reconstruction. Another area in which experts are brought in is for medical experts to determine the severity of your injuries. Insurance companies will often contest this area, claiming that you exaggerate your injuries or that they were pre-existing issues and that the incident didn't cause any further damage. In these cases the attorney could call an independent expert to counter the insurance's doctor's testimonies. Additionally, an expert witness can be crucial to finding out that the trucker at fault in the accident was negligent in any way. They will make use of their expertise to assist the jury in understanding how the truck driver did not perform his or her job, the consequences the failure led to and the financial consequences that resulted from the inattention for you. GPS Tracking It is not unusual for victims of truck accidents suffer serious injuries. They should be compensated for medical expenses, lost wages, 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. GPS tracking is among the most effective technologies used for accident cases. These devices are an integral part of the trucking industry, and typically include a range of important data that can be used to determine the liability. A Qualcomm system, for example can provide crucial information on speed as well as braking performance engines performance and service hours. This information can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash. Other pieces of valuable information in a car accident case may include records from the trucking company's telematics program 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 to record incidents. This could include vital data like speed, harsh braking, phone usage and more. This information can be compared with the log books of the truck driver to see whether accurate records were kept. Another important piece of evidence is any fax messages that may have been transmitted regarding the trip prior to the accident. This could include the route, destination, any stops made along the way, as well as any messages sent between the trucker and the company. An experienced personal injury attorney can use this to prove that the truck driver was distracted, following unsafe procedures, or taking risks that were not necessary. When a victim of a car accident is able to demonstrate that the trucking company, driver or any other defendants failed in their duty of care and caused the accident they must be held responsible for any injuries suffered as a result. Plaintiffs must show that defendants violated a statute or regulation, and that this violation caused harm. It is much simpler to show that a violation of a traffic law was negligent, but Federal regulations require a more complex analysis. Negotiating a Settlement In many instances, truck crash victims are able to settle their claims without going to court. In order to reach an agreement, you'll be required to discuss the circumstances of your accident with the insurance company. This is the amount you are entitled under state law. An experienced truck accident attorney can evaluate your injuries and document the losses you've suffered as a result of the crash to determine how your case is worth. Then, the attorney can analyze the results of similar cases involving similar truck accidents as well as how juries have rewarded victims in similar circumstances to determine a fair settlement amount. Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you get is adequate to cover the losses which are documented. This includes the money you've lost because you didn't work to receive treatment for your injury. Lawyers can assist you to submit documentation for the losses, including old pay receipts. If you are 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 usually begin the conversation by offering an offer that is not as high. This is a tactic used to gauge how desperate you are for a settlement and can impact the value of your case. An experienced attorney can avoid being judged low-balled by staying neutral and refusing to give in to pressure to accept a low settlement. After your lawyer has agreed to an amount that is reasonable and fair, they will send the at-fault person an official demand for settlement. The party must respond within 30 days or you'll lose the right to bring a lawsuit against them in court. In certain cases the trucking company may not negotiate and your lawyer will file a lawsuit against the negligent party. It is impossible to provide an estimate of the value of a truck accident settlement as each case is unique. For instance the severity of the injuries and the length of time you will be away from work to receive medical treatment are two factors that can vary. However, it isn't unusual for settlements in truck accidents to be worth millions of dollars.