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Truck Accident Litigation There are a lot of potential defendants in the litigation involving truck accidents. They could include the truck driver and their employer as well as a manufacturer that made defective equipment or a contractor that loaded cargo improperly. Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining the cause of the crash occurred. An experienced personal injury lawyer will know how to link 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 aspects to be considered. For example trucks often transport dangerous products, and even a relatively minor crash can cause severe or fatal injuries. The investigation process is therefore more complex than a typical car accident. It takes longer and requires the assistance of experts from a variety of fields. A lawyer who is qualified can help you locate the right experts to perform this work. A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses as well as visiting the scene of the accident. It also requires the assistance of experts who can retrace the circumstances of the crash based on the physical evidence that is collected. This is essential in making a defendant accountable for the accident. A lawyer should also inquire with the trucking company as well as the driver for any information that may be relevant to the case. This could include information regarding the trucking company’s safety policies, maintenance protocols, and training procedures. The history of the driver is crucial. This includes any prior incidents, reprimands or drug/alcohol test results. Another thing to be gathered is the data from the black box of the truck. These devices are similar to the ones that are installed in airplanes, and they can provide a lot of information about the circumstances of the accident. The information you require should be sought as soon as you can by your lawyer, as it may disappear in time because of the elements or the speed of traffic. A lawyer should also collect medical records of the victims. These documents will prove that the injuries suffered during the accident have caused lasting and extensive damage. It is essential to keep these documents, together with any doctor's notes and treatment schedules. Expert Witnesses The majority of truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, there are some that are not and must be taken to court. Expert witnesses are essential in these cases. They are professionals who have the experience and training to evaluate the information in your case and offer their opinion to jurors. They can explain complex medical, physical, mechanical, and economic concepts that a majority of jurors are not aware of or have no understanding of. Depending on the type of expert witness you require, they can range from as simple as a car mechanic who will determine the reason your vehicle was damaged during the crash and metallurgists who perform a failure analysis on a specific truck part or pathologists who determine the causes of death. They might also be required to look into and testify on particular aspects of your case like the impact of the crash and the speed of the vehicle, or the reconstruction of an accident. Another crucial area where experts are consulted is to help medical experts verify the severity of your injuries. This is a subject which can be a major issue by the insurance company as they try to argue that you're exaggerating your injuries or that they were pre-existing and that the accident did not cause them any additional damage. In these instances your attorney can call in an independent expert to challenge the evidence of the doctor who is a part of the insurance. Lastly an expert witness can be essential when it comes to proving that the trucker involved in the accident was negligent in some way. They can use their expertise to help the jury comprehend the truck driver's failure to perform his or her duties and the financial consequences of that failure and how that failure affected you. GPS Tracking It is not unusual for victims of truck accidents suffer severe injuries. They should be compensated for medical bills, lost wages and pain and suffering, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve. GPS tracking is among the most efficient technologies in accident cases. These devices are employed by the trucking industry and often contain a variety of vital information that help determine the liability of the driver. A Qualcomm system can provide crucial information like speed, braking performance engine performance, service hours. This can be combined with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash. Dash cams and telematics records may also be valuable in a truck accident. Telematics is a collection of data gathered by the vehicle's onboard computer that is used for training of fleet drivers and also to record incidents. This information can include speed, harsh braking and phone usage. This can be compared against the truck driver's log books to determine whether accurate records were kept. A fax recording of any communication regarding the trip before the accident is also vital. This can include information about the route and the destination, any stops along the way, or even an account of any messages between the truck driver and the company. A seasoned personal injury lawyer could use this evidence to prove that the truck driver was distracted, ignoring safety procedures or taking unnecessary risks. When a victim of a car accident is able to prove that the trucking company, truck driver, or any other defendants did not uphold their duty of care and caused the accident they must be held accountable for any injuries incurred as a result. Plaintiffs must prove that the defendants violated a law or regulation, and that this violation caused harm. It is easier to prove that a violation was negligent in the context of traffic laws, but federal regulations require a more complex analysis. The process of negotiating a settlement In many instances, truck accident victims are able to settle their claims without going to court. The process of negotiating settlement is to discuss the facts of your situation with an insurance company, including the amount you are legally entitled to under state law. An experienced truck accident attorney can evaluate your injuries and document the losses you have suffered as a result of the accident to determine much your case is worth. The attorney will draw on the results of similar cases of truck accidents and the amount of compensation that juries have awarded victims in similar circumstances to determine the amount of a fair settlement. Your lawyer can also work directly with the insurance company in order to ensure that the settlement you receive adequately covers the damages that are documented. This includes the money you have lost due to missing work to seek treatment for your injury. The lawyer can help you document these losses, which could include former pay stubs. If your injuries hinder you from returning to the same job, you could be eligible for compensation. Insurance companies often begin the conversation by making a low-ball offer. south carolina truck accident attorney is used to determine how desperate you are to settle your case. It can have a negative impact on the value of your claim. A lawyer who is experienced can avoid being deceived by remaining calm and never succumbing to pressure to accept the terms of a settlement that are not adequate. Once your lawyer has reached a reasonable settlement amount, they'll send a written demand for settlement to the party responsible for the fault, which must be answered within 30 days or your right to sue the responsible party in court will be revoked. In some instances the trucking company could refuse to negotiate. Your lawyer will initiate a lawsuit on behalf of the negligent party. It is difficult to give an estimate of the worth of a truck accident settlement because each instance is unique. For instance the severity of the injuries and the amount of time you'll be away from work for medical treatment are factors that vary. But, it's not unusual for settlements in truck accidents to be in the millions.