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Truck Accident Litigation Truck accident litigation can involve a wide range of potential defendants. These defendants may include the driver of the truck and their employer as well as a company that produced defective equipment or a contractor who improperly loaded cargo. Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining how an accident occurred. Personal injury lawyers with experience will be able to match the data contained in log books. Investigation of the Scene In the event of a car crash, the first step in an investigation is to gather physical evidence and take photos. In truck accidents, however there are many other things to think about. For example truck accidents often involve dangerous goods, and even a relatively minor crash can cause severe or fatal injuries. The investigation process is more complex than a typical car accident. It takes more time and requires the assistance of experts from a variety of areas. A qualified lawyer can help you locate the right experts to perform this task. 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 reconstruct the events that led to the accident based on the evidence gathered. This is essential in holding a defendant responsible for the incident. A lawyer should also inquire with the trucking company and the driver for any information that might be relevant to a particular case. This could include information regarding the safety guidelines of the trucking company or training procedures, as well as maintenance protocols. Also, the history of the truck driver is vital like any prior incidents, reprimands or drug/alcohol test results. The data gathered from the black box in the truck is another source of evidence that must be gathered. These devices are similar to the ones found on airplanes and can provide a wealth of information regarding the circumstances of the accident. Your attorney should get this information as soon as you can, since it could be lost because of the elements or passing traffic. A lawyer should also gather medical records of the victims. These documents will assist in proving that the injuries suffered during the crash caused significant and long-lasting 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 insurance company, the injured party and the trucking company. However, there are some that are not and must be brought to court. Expert witnesses are vital in these cases. They are professionals who have the education and experience to assess the evidence in your case, and offer their opinion to jurors. They can explain complex mechanical, physical, medical and economic concepts that a majority of jurors lack understanding of. Depending on the kind of expert witness you require, they could be as basic as a car mechanic who can determine why your vehicle was damaged during the crash and metallurgists that can conduct a failure analysis of an individual truck component or pathologists who determine the cause of death. They could be required to investigate and testify about specific aspects of your case, such as the force of the collision, the vehicle velocity, or the accident reconstruction. Another area in which experts are called in is to help medical experts determine the severity of your injuries. Insurance companies often challenge this area, claiming that you exaggerate your injuries, or the fact that these were pre-existing injuries and that the accident didn't cause any further harm. In these cases the attorney could call in an independent expert to challenge the testimony of the insurance doctor. Finally an expert witness could be vital when it comes to showing that the truck driver involved in the accident was negligent in some way. They will make use of their expertise to help the jury comprehend the reasons why the truck driver was unable to perform his or her job, what this negligence caused and the financial consequences of that inattention for you. GPS Tracking When accidents with trucks occur it is not uncommon for victims to sustain serious injuries. manchester truck accident lawsuit must be compensated for medical bills, lost wages and suffering in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserved. One of the most useful technologies in any accident scenario is GPS tracking. These devices are used by the trucking industry and typically contain a variety important data that can help determine responsibility. A Qualcomm system can provide important information like speed as well as braking performance, engine performance, and service hours. This can be used in conjunction with other evidence, like eyewitness testimony to reconstruct the scene of the crash. Other crucial pieces of information in a truck crash investigation could be evidence from the trucking company's telematics program and dash cameras. Telematics refers to the information gathered by a vehicle's onboard computer that is used for training of fleet drivers and to record incidents. The information could include speed, harsh braking, and phone usage. This information can be compared with the log books of truck drivers to determine if accurate records were kept. Another crucial piece of information is any fax communication records that were sent regarding the trip prior to the accident. This can include information about the route and destination, any stops during the journey, and even the details of any communications between the truck driver and the company. An experienced personal injury lawyer could use this evidence to prove that the truck driver was distracted, not following safe procedures, or taking risks that were not necessary. If a victim of a truck crash can prove that the trucking company or driver, or any other defendants, did not perform their duty of care and caused the collision and resulted in the collision, then they should be accountable for any injuries incurred due to the collision. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of any law or regulation, and that this violation directly caused harm. It is much easier to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a more intricate analysis. Negotiating a Settlement In most cases, truck accident victims are able to settle their claims without going to court. To reach a settlement, you'll have to discuss the details of your crash with the insurance company. This is the amount you are entitled to under state law. A skilled attorney in truck accidents can assess your injuries and record the losses you've suffered due to the crash to determine how your case is worth. The attorney will then be able to use the results of other similar lawsuits related to truck accidents as well as the verdicts of juries in similar situations to establish an acceptable settlement amount. Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get adequately covers the damages that are documented. This includes the amount you've paid due to missing work to seek treatment for your injuries. The lawyer can assist you in submitting the necessary documentation for these losses, such as old pay statements. If your injuries hinder you from returning to your previous job, you may also be entitled to compensation. Insurance companies typically start the discussion by making an offer of low value. This is a tactic used to gauge how desperate you are to negotiate a settlement and can affect the value of your case. A knowledgeable attorney can avoid being snubbed by a judge by remaining calm and never giving in to the pressure to accept a shoddy settlement. Once your lawyer has negotiated an acceptable settlement amount, they'll send a written settlement demand to the party responsible for the fault and they must respond within 30 days or your right to take action against the responsible party in court will be revoked. In certain cases, a trucking company will refuse to negotiate and your lawyer will start a lawsuit against the negligent party. It is not possible to give a general estimate of what a settlement for a truck accident is worth, as each situation is different such as the extent of your injuries and the amount of time you'll miss working to undergo medical treatments. But, it's not unusual for settlements in truck accidents to be in the millions.