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Truck Accident Litigation There are many potential defendants in the litigation involving truck accidents. They may include the truck driver and their employer and a manufacturer that manufactured defective equipment or a contractor that loaded cargo in a way that was not properly. Many trucks have event data recorders (also called black boxes) which can aid investigators in determining what caused the crash occurred. Professional personal injury attorneys be able to match the data with log books. Investigation of the Scene When a car wreck occurs, the first step in an investigation is to gather evidence in physical form and then take photographs. In the case of truck accidents, however there are numerous other aspects to be considered. For example, trucks are often transporting dangerous goods, and even a relatively minor crash could result in fatal or serious injuries. Due to this, the investigation process is more complicated than the typical car accident. It is also longer, and it requires the help of experts in different areas. A lawyer with experience can help you find the right people to do this job. A thorough truck accident investigation includes interviewing eyewitnesses, as well as going to the site of the crash. It also requires the help of experts who can reconstruct the events that led to the accident based on the evidence gathered. el cajon truck accident lawsuit is crucial to making a defendant accountable for the accident. In addition, the attorney should seek out any information from the truck driver and the company that could be relevant to the case. This could include information about the trucking company's safety policies or training procedures, as well as maintenance procedures. The past of the driver is also crucial. This includes any prior incidents, reprimands and drug/alcohol test results. Another source of evidence to gather is the data from the truck's black box. These devices are similar to ones found on airplanes and can provide a wealth of information about what caused the accident. The information you require should be sought whenever possible by your attorney, since it could disappear over time because of the elements or the speed of traffic. Additionally, an attorney should also collect medical records from the victims of the crash. These documents will prove that the injuries sustained in the accident have caused lasting and substantial damage. It is essential to keep these documents, as well as any doctor's notes or treatment schedules that are readily available. Expert Witnesses The majority of truck accidents are settled between insurance company, the person who was injured and the trucking company. However, there are some that do NOT and must be taken to the court. Expert witnesses are critical in these cases. They are professionals who have the experience, knowledge and expertise to review the evidence in your case and then provide their opinion to the jury. They can explain complex mechanical concepts, medical concepts 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's component or a pathologist that can determine what caused the death. They may also be required to examine and testify about particular aspects of your case such as the force of the crash and the speed of the vehicle, or the reconstruction of an accident. Medical experts are also required to determine the extent and severity of your injuries. This is an area which can be a major issue by the insurance company since they will try to claim that you are exaggerating your injuries or that they were pre-existing and that the accident did not cause any additional damage. In these cases the lawyer will call an independent medical expert who will challenge the doctor's testimony for insurance companies. In the end an expert witness could be vital when it comes to showing that the truck driver involved in the accident was negligent in some way. They can use 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 resulting financial consequences of that negligence for you. GPS Tracking When accidents with trucks occur it is not uncommon for victims to sustain serious injuries. They must be compensated for medical expenses, lost wages, pain and suffering, and other expenses. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients. GPS tracking is among the most useful technologies in the event of an accident. These devices are utilized by the trucking industry, and often contain a range of important information that help determine the liability. A Qualcomm system, for example provides important information about speed, braking engines performance and hours of service. This information can be combined with other evidence, like eyewitness testimony, to reconstruct the scene of a crash. Dash cams and telematics records could also prove useful in the event of a truck crash. Telematics is the collection of information gathered by a vehicle's onboard computer. The data is used to train fleet drivers and record incidents. This may include crucial information such as speed, hard braking, phone usage, and more. This information can be compared to the truck driver's log books to see whether accurate data was recorded. A fax log of any communications regarding the trip prior to the accident is also important. This information can include the route, destination, any stops along the way as well as any messages sent between the trucker and the company. A skilled personal injury lawyer can use this to show that the truck driver was distracted, followed unsafe procedures, or taking risks that were not necessary. If a person injured in a collision with a truck can prove that the trucking company or driver or any other defendants, failed fulfill their duty of care, and caused the collision then they must be held accountable for any injuries suffered as a result. Plaintiffs must show that defendants violated a law or regulation, and that this violation caused harm. It is easy to prove that a violation was not negligent in the context of traffic laws, but federal regulations require a much more complex analysis. The process of negotiating a settlement In many instances, a truck accident victim can settle their claim without having to go to trial. The process of negotiating settlement is to discuss the details of your case with an insurance firm which includes the amount you are entitled to under the law of your state. An experienced lawyer for truck accidents will evaluate your injuries and record the losses you've suffered due to the crash to determine how the value of your case is. Then, the attorney can use the results of other similar truck accident cases and the amount of compensation that juries have awarded victims in similar situations to determine the amount of a fair settlement. Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers the damages you have documented. This includes the amount you've paid because of your inability to work to get treatment for your injuries. Lawyers can assist you with submitting documentation to prove these losses, such as old pay stubs. If you are unable return to the same kind of job because of your injuries, you may be entitled to compensation for loss of earning potential in the future as well. Insurance companies usually begin the conversation with an offer that is low. This is a typical tactic to determine how desperate you are to settle your case and can impact the value of your case. A seasoned attorney can prevent being judged low-balled by staying unflinching and never yielding to pressure to accept a low settlement. After your lawyer has agreed to an amount that is fair then they will mail the person at fault a written demand for a settlement. The party must respond within 30 days otherwise you'll lose your right to sue them in court. In some instances, the trucking company may refuse to negotiate. Your lawyer will initiate a lawsuit on behalf of the party who was negligent. It is not possible to give a general estimate for the amount a settlement for a truck accident is worth since each case is unique and has its own factors including the extent of your injuries and the length of time you will miss working to undergo medical treatments. Settlements for truck accidents can be millions of dollars.