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Truck Accident Litigation Truck accident litigation covers numerous potential defendants. They could include the truck driver and their employer as well as a company that produced defective equipment or a contractor that loaded cargo in a way that was not properly. meridian truck accident law firm are equipped with event data recorders (also known as black boxes) which can aid investigators in determining how the crash occurred. Experienced personal injury attorneys will know how to match the data with log books. Investigation of the Scene When a car wreck occurs the first step in an investigation is usually to gather evidence in physical form and then take photographs. Truck accidents are different. There are other factors to take into consideration. Trucks are frequently carrying dangerous items and even a minor accident can result in fatal or serious injuries. The process of investigation is more complex than a typical car accident. It takes longer and requires the help of experts from a variety of areas. A qualified lawyer can help you find the right people to complete this work. Interviewing eyewitnesses is a crucial part of a thorough accident investigation. Experts are also needed to reconstruct the incident based on the collected physical evidence. This information is crucial in the case of a defendant being held accountable for the incident. A lawyer should also contact the trucking company and driver for any information that may be relevant to the case. This could include information on the safety guidelines of the trucking company, maintenance protocols, and training procedures. Also, the background of the truck driver is vital, such as any past incidents, reprimands, or drug/alcohol test results. The data from the black box in the truck is another piece of evidence that needs to be collected. These devices are similar to ones that are installed in airplanes, and can provide a great deal of information on how the accident occurred. The information you need should be requested whenever possible by your attorney, because it could be lost due to the elements or traffic. A lawyer should also collect medical records of the victims. These documents will help prove that the injuries sustained during the crash caused substantial and lasting damage. It is vital to keep these documents, along with any medical notes and treatment schedules. Expert Witnesses Although the majority of accidents involving trucks result in a settlement between the insurance company and the person who was injured, some do not and have to be tried in court. Expert witnesses play a key role. They are experts with the knowledge and training required to evaluate the information in your case and give their opinion to the jurors. They can explain complicated mechanical, physical, medical, and economic concepts that a majority of jurors are not aware of or have no understanding of. Expert witnesses could range from a simple car mechanic to a metallurgist able to determine the failure of a truck's component or a pathologist to determine what caused the death. They may be required to look into and testify on specific elements of your case, for instance the force of the crash or the vehicle's velocity, or the accident reconstruction. Another area in which expert witnesses are called in is to help medical experts verify the severity of your injuries. This is an area which is often contested by insurance companies as they will try to claim that you have exaggerated your injuries or that they were pre-existing and that the accident did not cause any further damage. In these cases the lawyer will call an independent medical expert who will challenge the insurance company's doctor's testimony. A witness who is an expert in the field can be helpful in proving a trucker was negligent. They can use their expertise to assist the jury in understanding the reasons why the truck driver was unable to perform his or her job, what this failure has caused, and the resulting financial consequences that resulted from the negligence for you. GPS Tracking When accidents with trucks occur, it is not uncommon for their victims to suffer serious injuries. They are entitled to financial aid for medical bills loss of wages, pain and suffering and other related 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 deserved. One of the most useful technological tools in any accident scenario is GPS tracking. These devices are an integral part of the trucking industry and often include a range of important information that could be used to determine the liability. A Qualcomm system, for example, can provide important data on speed, braking, engine performance and service hours. This can be combined with other evidence such as eyewitness testimony to reconstruct the scene of the crash. Dash cams and telematics records may also be valuable in the event of a truck crash. Telematics refers to the data gathered by a vehicle's onboard computer. It's used for training of fleet drivers and also to record incidents. This may include crucial data like speed, harsh braking, phone usage and more. It can be compared to the log books of the truck drivers to determine if they had accurate records were maintained. A fax recording of any communication regarding the trip prior to the accident is also important. This can include the route, destination, any stops made along the way as well as any messages exchanged between the trucker and the company. A skilled personal injury lawyer could use this evidence 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 uphold their duty of care and caused the accident, they should be held accountable for any injuries that may have occurred as a result. In order to win a case the plaintiff must show that the defendant violated a statute or regulation and that the violation directly caused harm. It is easier to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a more complicated analysis. The process of negotiating a settlement In many cases, a truck accident victim may settle their claim without going to trial. In order to reach settlement, you'll be required to discuss the circumstances of your accident with the insurance company. This is the amount you are entitled to under the law of the state. An experienced attorney for truck accidents will evaluate your injuries and document the damages you've suffered due to the accident to determine much your case is worth. Then, the attorney can analyze the results of similar cases involving similar truck accidents as well as how juries have awarded victims in similar circumstances 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 covers the documented damages. This includes any money that you have lost due to missing work to receive treatment for your injury. The lawyer can assist you submit documentation for the losses, including old pay statements. If your injuries stop you from returning to the same job, you could be entitled to compensation. Insurance companies typically begin the conversation by making an offer that is low. This tactic is used to determine how eager you are to settle your case. This could have a negative impact on the value of your claim. A seasoned attorney can prevent being snubbed by a judge by remaining calm and never giving in to the pressure to accept a shoddy settlement. Once your lawyer has reached an acceptable settlement amount, they will send a settlement demand in writing to the at-fault party and they must respond within 30 days or your rights to bring a lawsuit against the responsible party in court will be forfeited. In certain cases the trucking company may not negotiate and your attorney will start a lawsuit against the negligent party. It isn't possible to provide a general figure for how much the settlement from a truck accident is worth, as each case is unique and has its own factors including the severity of your injuries and the length of time that you'll be away from work to receive medical treatment. Settlements for truck accidents can range from millions of dollars.