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Truck Accident Litigation There are a myriad of potential defendants in the litigation involving truck accidents. These defendants may include the driver of the truck as well as their employer, as in addition to a company which manufactured defective equipment, or a contractor who loaded cargo incorrectly. Many trucks have event data recorders, also referred to as black boxes. These can help investigators determine how the crash took place. 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. In the case of truck accidents, however there are many other things to think about. For example trucks are frequently transporting dangerous goods and even a minor crash can result in severe or fatal injuries. The investigation process is therefore more complex than the typical car accident. It takes longer and requires the assistance of experts from a variety of areas. A lawyer who is experienced can assist you in finding the right people to do this job. A thorough truck accident investigation involves interviewing eyewitnesses as well as visiting the site of the crash. It also requires the assistance of experts who are able to reconstruct what happened on the physical evidence gathered. This is essential in making a defendant accountable for the incident. A lawyer should also contact the trucking company 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 maintenance protocols, as well as training procedures. The past history of the driver is crucial. This could include any previous incidents, reprimands and drug/alcohol test results. Another piece of evidence to gather is the data from the black box of the truck. These devices, similar to those used in planes, could provide many details about the incident. Attorneys must get this information as soon as you can, since it could fade over time due to the elements or passing traffic. A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained in the accident have caused lasting and extensive damage. It is crucial to preserve these documents, as well as any medical notes or treatment schedules that are readily available. Expert Witnesses While most truck accidents result in an agreement between the insurance company and the party who was injured Some do not, and need to be tried in the court. Expert witnesses play a key role. They are experts with the education and experience to evaluate the information in your case, and provide their opinion to jurors. They can explain complex mechanical, physical, medical and economic concepts that a majority of jurors are not aware of or have no understanding of. Expert witnesses can range from a simple car mechanic to a metallurgist who will determine the failure of a part of the truck or a pathologist who can determine what caused the death. They may also be needed to review and testify about specific aspects of your case, like the force of the crash as well as the velocity of the vehicle or even the reconstruction of the accident. Another crucial area where experts are called in is to help medical experts confirm the severity of your injuries. This is an area which is often contested by the insurance company, as they attempt to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause any additional damage. In these cases, your attorney may call in an independent expert who will challenge the testimony of the insurance doctor. Additionally, an expert witness can be vital when it comes to proving that the trucker involved in the accident was negligent in a certain way. They will use their knowledge to assist jurors in understanding the truck driver's inability to perform their duties and the financial consequences of that failure and how that failure affected you. GPS Tracking When accidents with trucks occur it is not uncommon for victims to suffer serious injuries. They deserve financial assistance to deal with medical expenses, lost wages, suffering and associated costs. lafayette truck accident lawyer , a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients. One of the most effective technologies in any case of accident is GPS tracking. These devices are utilized by the trucking industry, and they often contain a wide array of data that can help determine the liability of the driver. A Qualcomm system, for instance can provide vital information including speed as well as braking performance, engine performance and hours of service. This can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash. Other pieces of valuable information in a truck crash incident could include the records of the telematics software used by the trucking company and dash cameras. Telematics is the gathering of information gathered by a vehicle's onboard computer. This information can be used to instruct fleet drivers and record incidents. The information could include speed, harsh braking, and phone usage. This can be compared to the log books of the truck drivers to determine whether accurate records were recorded. A fax report of any communications regarding the trip before the accident is also vital. This could include the route, destination, any stops along the way, as well as any messages exchanged between the trucker and the company. This can be used by an experienced personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures. If the victim of a car accident can prove that the trucking company or driver or any other defendants failed to fulfill their duty of care and caused the collision and caused the accident, they should be held accountable for any injuries incurred due to the collision. Plaintiffs must prove that defendants violated a law or regulation, and that the violation caused harm. It is much easier to prove that a violation was not negligent in the context of traffic laws, but federal regulations require a more complicated analysis. Negotiating a Settlement In many cases, a truck accident victim can settle their claim without having to go to trial. In order to negotiate a settlement, you'll need to discuss the specifics of your accident with the insurance company. This is the amount you are entitled under the law of the state. An experienced truck accident attorney can evaluate your injuries and document the losses you've suffered as a result of the accident to determine the value of your case is. The attorney can draw on the results of similar truck accident cases and how juries have awarded victims in comparable situations to determine a fair settlement amount. Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get adequately covers the damages documented. This will include the amount you've paid because of your inability to work to get treatment for your injuries. The lawyer can assist in submitting evidence for these losses, including old pay statements. If your injuries hinder you from returning to the same job, you could be entitled to compensation. Insurance companies typically begin the discussion with a low-ball offer. This is a typical tactic to determine how desperate are for a settlement and could affect the value of your case. A lawyer who is experienced is able to avoid being mistreated by staying calm and not giving in to pressure to accept an offer that is not satisfactory. Once your lawyer has agreed to an acceptable settlement amount, they'll send a settlement demand in writing to the at-fault party that must be addressed within 30 days or your right to sue the responsible party in court will be revoked. In certain cases, the trucking company may refuse to negotiate. Your lawyer will bring a lawsuit on behalf of the negligent party. It is impossible to give a general estimate of what a truck accident settlement is worth, as each case has unique factors like the extent of your injuries and the length of time you'll be absent from work due to medical treatments. However, it is not uncommon for truck accident settlements to reach millions of dollars.