Is Technology Making Truck Accident Attorneys Better Or Worse?

Truck Accident Litigation

There are a myriad of potential defendants in the litigation involving truck accidents. They could include the driver of the truck as well as their employer, as and a business that manufactured defective equipment or a contractor who loaded cargo incorrectly.

Many trucks have event data recorders (also called black boxes) that can assist investigators in determining how the crash occurred. Personal injury lawyers who have experience will be able match the data contained in log books.

Investigation of the Scene

When a car wreck occurs, the first step in an investigation is usually to collect evidence physically and take photographs. Truck accidents are different. There are other factors to consider. For example trucks often transport dangerous items and even a minor crash can cause fatal or serious injuries.

The investigation process is more complex than the typical car accident. It takes more time and requires the assistance of experts from various fields. A qualified lawyer can assist you in finding the right people to complete this task.

Interviewing eyewitnesses is an essential element of a thorough truck accident investigation. It also requires the assistance of experts who are able to reconstruct the events that led to the accident based on the evidence that is collected. This information is crucial to finding a defendant accountable for the incident.

A lawyer should also inquire with the trucking firm and the driver for any information that may be relevant to a particular case. This could include information on the safety guidelines of the trucking company as well as training procedures and maintenance procedures. Additionally, the past of the truck accident claim driver is vital for any past incidents, reprimands or alcohol/drug test results.

The data from the black box of the truck is a different piece of evidence that should be gathered. These devices are similar to the ones found on airplanes and can provide a great deal of information on the circumstances of the accident. Your attorney must get this information as soon as possible, as it could be lost due to weather or passing traffic.

Finally, an attorney should also obtain medical records from the victims of the crash. These records will show that the injuries suffered during the crash caused long-lasting and significant damage. It is crucial to preserve these documents, along with any doctor's notes or treatment schedules that are accessible.

Expert Witnesses

The majority of truck accidents are settled between insurance company, the injured party and the trucking company. However, some do not and need to be brought to the court. Expert witnesses play an important role. They are professionals who have the experience, knowledge, and expertise to evaluate information in your case and then present their findings to the jury. They can explain complex medical, physical, mechanical and economic concepts that many jurors are not aware of or have no understanding of.

Depending on the kind of expert witness required, they could be as basic as a mechanic who can identify why your vehicle was damaged during the crash and metallurgists that can do a failure analysis on the specific part of your truck or pathologists who determine the reason for death. They may also be needed to testify and examine specific elements of your case, like the force of the collision or the vehicle's speed, or even the reconstruction of the accident.

Another crucial area where experts are brought in is to help medical experts confirm the severity of your injuries. This is an area which can be a major issue by the insurance company since they try to argue that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause them any additional damage. In these situations your lawyer will call in an independent medical expert to challenge the testimony of the insurance company's doctor.

Finally an expert witness can be vital when it comes to showing that the truck driver involved in the accident was negligent in any way. They will utilize their knowledge to assist jurors in understanding the truck driver's omission to perform his or her duties and the financial consequences caused by that failure and how the failure affected you.

GPS Tracking

When truck accidents occur, it is not uncommon for their victims to suffer serious injuries. They must be compensated for medical bills, lost wages and pain and suffering, Truck Accident Settlement and other expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.

One of the most useful pieces of technology in any accident case is GPS tracking. These devices are employed by the trucking industry and they often contain a range of important information which can assist in determining the liability of the driver. A Qualcomm system, for example provides important information including speed, braking, engine performance and hours of service. This information can be combined with other evidence, like eyewitness testimony, to reconstruct the scene of the crash.

Other important pieces of information from a truck accident case may include records from the telematics software used by the trucking company and dash cameras. Telematics is the collection of information gathered by a vehicle's onboard computer that is used for training of fleet drivers and also to record incidents. It can contain important data like speed, harsh brakes, usage of phones and more. It can be compared with the truck driver's log books to determine whether accurate records were kept.

Another crucial piece of information is any fax records that were sent regarding the trip prior to the accident. This could include information about the travel route and Truck Accident Settlement its destination, any stops along the way, and even the details of any communications between the driver of the truck and the company. This information can be used by a seasoned personal injury lawyer to prove that the truck driver 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 uphold their duty of diligence and caused the collision then they must be accountable for any injuries that occur due to the collision. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is much easier to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a much more intricate analysis.

Negotiating a Settlement

In many instances, truck crash victims can settle their claims without having to go to court. The process of negotiating a settlement involves discussing the details of your case with an insurance company which includes the amount you are entitled to under state law. A lawyer who is involved in a truck accident claim accident will evaluate your injuries and document the damages you suffered as a result to determine the value of your case. The attorney will analyze the results of similar cases involving truck accidents and how juries have rewarded victims in similar situations to decide on a fair settlement amount.

Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This includes any money you have lost because of your inability to work to seek treatment for your injuries. Lawyers can assist you to provide evidence of these losses, which could include former pay statements. If your injuries prevent you from returning to your previous job, you may also be eligible for compensation.

Insurance companies usually begin the discussion by making an offer that is not as high. This is a typical tactic to test how desperate you are to negotiate a settlement and could impact the value of your case. A lawyer with experience will avoid being slammed by staying calm and never allowing pressure to accept a settlement that is inadequate.

After your lawyer has reached an amount that is reasonable, they will send the person at fault an email request for a settlement. The party must respond within 30 days, or else you lose your right to sue them in court. In certain cases the trucking company may refuse to negotiate. Your attorney will initiate a lawsuit on behalf of the negligent party.

It is not possible to provide a general estimate of what a truck accident settlement is worth since each case has unique factors such as the extent of your injuries and the amount of time that you'll be away from work to receive medical treatment. But, it's not unusual for settlements from truck accidents to reach millions of dollars.