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Truck Accident Litigation Truck accident litigation covers an array of possible defendants. It could include the truck driver and their employer, as well as a manufacturer who produced defective equipment, or a contractor that loaded cargo improperly. Many trucks have event data recorders (also called black boxes) that can assist investigators in determining what caused a crash happened. Personal injury lawyers who are experienced know how to link the information with log books. Investigation of the Scene In the event of a car crash the first thing to do is gather physical evidence. Truck accidents are different. There are a variety of factors to be considered. For instance, trucks are often transporting dangerous items, and even a relatively minor crash can result in fatal or serious injuries. The investigation process is more complicated than a typical car accident. It takes longer and requires the help of experts from different fields. A qualified lawyer can assist you in finding the right people to complete this task. A thorough truck accident investigation includes interviewing eyewitnesses, as well as going to the scene of the crash. Experts are also needed to reconstruct the incident by analyzing the physical evidence. This information is crucial to the case of a defendant being held accountable for the accident. A lawyer should also inquire with the trucking firm and the driver for any information that may be relevant to the case. This could include information regarding the safety guidelines of the trucking company training protocols, procedures for training, and maintenance procedures. The background of the driver is also crucial. This could include any previous incidents, reprimands and drug/alcohol test results. The information from the black box of the truck is a different piece of evidence that needs to be collected. These devices are similar to ones that are installed on airplanes and can provide a wealth of information on the circumstances of the accident. The information you need should be requested whenever possible by your attorney, because it could disappear over time because of the elements or other traffic. A lawyer should also collect medical records of the victims. These records will aid in proving that the injuries sustained in the crash have caused significant and long-lasting damage. It is important to keep these documents together with any doctor's notes and treatment schedules. Expert Witnesses While most accidents involving trucks result in an agreement between the insurance company and the injured party Some do not, and must be heard in the court. Expert witnesses play a vital role. They are experts who have the expertise, education and experience to assess the evidence in your case, and then provide their opinion to the jury. They can explain complicated medical concepts, mechanical theories and economic concepts to jurors with little or no understanding of them. Expert witnesses can vary from a basic car mechanic to a metallurgist who will examine the failure of a truck part or a pathologist to determine what caused the death. They may also be required to examine and testify about specific elements of your case, such as the impact of the crash, vehicle velocity, or accident reconstruction. Medical experts are also required to determine the severity and extent of your injuries. This is an area which is often contested by the insurance company as they try to argue that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause any additional harm. In these instances your lawyer will bring in an independent medical expert to challenge the claims of the insurance company's doctor. A witness who is an expert in the field can be very helpful in proving that a truck driver was negligent. They can use their expertise to help the jury comprehend how the truck driver did not perform his or her job, the consequences this negligence caused and the financial consequences that resulted from the inattention for you. berkeley truck wreck lawyer Tracking When truck accidents occur, it is not uncommon for victims to suffer serious injuries. They must be compensated for medical bills, lost wages and suffering as well as other costs. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients. One of the most beneficial tools in any case of accident is GPS tracking. These devices are an integral part of the trucking industry and usually have a variety of important data that can be used to determine liability. A Qualcomm system, for example can provide vital data on speed and braking, engine performance and hours of service. This information can be combined with other evidence, for instance eyewitness testimonies, to reconstruct the scene of an accident. Other crucial pieces of information in a truck accident incident could include the records of the trucking company's telematics software and dash cams. Telematics refers to the data gathered by a vehicle's onboard computer, which is utilized for coaching fleet drivers and also to record incidents. It can contain important information such as speed, hard brakes, phone usage and more. This can be compared to the log books of the truck drivers to see if accurate records were kept. A fax report of any communication concerning the trip prior to the accident is also crucial. This can include information about the travel route and its destination, any stops on the way, and even the details of any communications between the truck driver and the company. An experienced personal injury lawyer can use this information to prove that the trucker was distracted, not following safe procedures, or taking risks that were not necessary. When a victim of a car accident can show that the trucking company, driver or any other defendants failed to adhere to their duty of care and caused the accident and resulting injury, they should be held accountable for any injuries sustained as a result. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is easier to prove that a violation was negligent in the context of traffic laws, but federal regulations require a much more complex analysis. Negotiating a Settlement In many instances, truck accident victims are able to settle their claims without going to court. To negotiate a settlement, you will have to discuss the details of your crash with the insurance company. This includes the amount that you are entitled under the law of your state. An experienced truck accident attorney can evaluate your injuries and document the damage you've suffered due to the crash to determine how much your case is worth. The attorney can then use the results from other similar lawsuits related to truck accidents as well as how juries awarded victims in similar situations to establish a reasonable settlement amount. Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you receive adequately covers the damages acknowledged. This will include any money you've lost due to missing work to get treatment for your injuries. Lawyers can assist you in submitting documentation for these losses including old pay receipts. If you're unable to return to the same kind of job due to the injuries you sustained, you could be entitled to compensation for loss of earning potential in the future as well. Insurance companies usually begin the discussion with an offer that is low. This method is used to determine the level of urgency you have to settle your claim and can have a negative impact on the value of your claim. A knowledgeable attorney can avoid being low-balled by remaining unflinching and never yielding to the pressure to accept a shoddy settlement. After your lawyer has reached an amount that is reasonable, they will send the at-fault person an official demand for settlement. The other party must respond within 30 days otherwise you'll lose the right to pursue them in court. In certain cases the trucking company may refuse to negotiate. Your lawyer will start an action on behalf of the party who was negligent. It is difficult to give an estimate of the value of a truck accident settlement because every case is different. For example the severity of the injuries and the length of time you'll be off from work to receive medical treatment are factors that vary. However, it isn't uncommon for truck accident settlements to be in the millions.