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Truck Accident Litigation The litigation involving truck accidents involves numerous possible defendants. They may include the truck driver and their employer as well as a company who produced defective equipment, or a company that loaded cargo improperly. Many trucks have event data recorders (also called black boxes) that can assist investigators in determining what caused the crash took place. Professional personal injury attorneys be able to match the data with log books. Investigation of the Scene In the case of a car accident the first thing to do is collect physical evidence. In truck accidents, however there are a variety of things to consider. For example trucks often transport dangerous items and even a minor crash can cause severe or fatal injuries. This is why the investigation process is more complicated than that of a standard car accident. It takes longer and requires the help of experts from a variety of fields. A lawyer with experience can assist you in finding the right people to do this job. An exhaustive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the crash. It also requires the help of experts who can determine the circumstances of the crash based on the evidence that is collected. This information is vital in holding a defendant responsible for the occurrence. A lawyer should also inquire with the trucking company as well as the driver for any information that could be relevant to the case. This could include information about the safety policies of the trucking company maintenance procedures, safety policies, and training procedures. The past history of the driver is important. This includes any past incidents, reprimands or alcohol/drug tests results. Another thing to gather is the data from the black box of the truck. These devices, which are similar to those installed in planes, could provide an abundance of information regarding the incident. Attorneys should get this information as soon as you can, since it could disappear over time due to weather or traffic. Finally, an attorney must also collect medical records from the victims of the crash. dallas truck accident lawsuit will prove that the injuries suffered during the accident have triggered long-lasting and extensive damage. It is important to keep these documents, along with any doctor's notes and treatment schedules. Expert Witnesses Most truck accidents are settled between the insurance company, the injured party and the trucking company. However, there are some that are not and must be brought to the court. This is where expert witnesses play a crucial role. They are professionals who have the training, knowledge and expertise to review information in your case and then present their findings to the jury. They can explain complicated medical, physical, mechanical and economic concepts that the majority of jurors have no or little understanding of. Expert witnesses can vary from a basic car mechanic to a metallurgist able to evaluate the failure of a truck part or a pathologist to determine the cause of death. They may also be required to examine and testify about specific elements of your case, like the force of the collision or the vehicle's speed, or accident reconstruction. Medical experts are also called upon to assess the extent and severity of your injuries. Insurance companies often challenge this issue, claiming you exaggerate your injuries, or that they were pre-existing issues and that the incident didn't cause any further harm. In these cases your attorney can call in an independent expert to counter the evidence of the doctor who is a part of the insurance. A witness who is an expert in the field can be very useful in proving that a trucker was negligent. They will use their knowledge to assist jurors in understanding the truck driver's omission to complete his or her job and the financial repercussions that resulted from that failure and how the failure affected you. GPS Tracking When accidents with trucks occur, it is not uncommon for victims to suffer serious injuries. They deserve financial support to deal with medical expenses, lost wages, pain and suffering and other related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight to get the compensation they deserve. One of the most effective technological tools in the event of an accident is GPS tracking. These devices are employed by the trucking industry, and typically contain a wide array of data that help determine the responsibility. A Qualcomm system, for instance can provide crucial data on speed and braking engine performance, and service hours. This information can be combined with other evidence, for instance eyewitness testimony to reconstruct the scene of an accident. Dash cams as well as telematics records could be helpful during a truck collision. Telematics is the process of collecting information gathered by a vehicle's onboard computer. The data is used to instruct fleet drivers and to record incidents. This data could include speed, harsh braking, and phone usage. This information can be compared to the truck driver's log books to determine whether accurate records were recorded. A fax log of any communication regarding the trip before the accident is also vital. This can include information about the travel route and its destination, any stops on the way, and even an account of any messages between the driver of the truck and the company. A skilled personal injury lawyer can use this to show that the trucker was distracted, following unsafe procedures, or taking risks that were not necessary. When a victim of a car accident can prove that the trucking company, truck driver or any other defendants failed to uphold their duty of care and caused the accident they must be held accountable for any injuries that may have occurred due to. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of a statute or regulation and that this violation directly caused harm. It is much simpler to prove that a violation of the traffic law was wrongful, but Federal regulations require a more thorough analysis. The process of negotiating a settlement In many instances truck accident victims is able to settle their case without having to go to trial. The process of negotiating settlement involves discussing the details of your case with an insurance provider including the amount you are entitled to under state law. An experienced attorney for truck accidents can evaluate your injuries and document the damages you have suffered due to the accident to determine the value of your case is. Then, the attorney can take the findings of similar cases involving similar truck accidents as well as how juries have awarded victims in comparable situations to decide on a fair settlement amount. Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers the documented damages. This includes any money you have lost due to missing work to get treatment for your injuries. The lawyer can help you with the documentation required for the losses, including old pay stubs. If your injuries prevent you from returning to your previous job, you may also be eligible for compensation. Insurance companies typically start the conversation by offering an offer that is not as high. This method is used to determine how eager you are to settle your case and can have a negative impact on the value of your claim. A seasoned attorney can prevent being mistreated by remaining unflinching and never yielding to pressure to accept a low settlement. Once your lawyer has agreed to a reasonable settlement amount, they'll make a written demand for settlement to the at-fault party and they must respond within 30 days or your right to bring a lawsuit against the responsible party in court will be forfeited. In some cases the trucking company may not negotiate and your attorney will start a lawsuit against the negligent party. It is impossible to provide a general estimate for how much a truck accident settlement is worth because each individual case is unique and has its own factors like the severity of your injuries as well as the length of time you will miss from work to receive medical treatment. Settlements for truck accidents can be millions of dollars.