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Truck Accident Litigation There are many potential defendants in a lawsuit involving a truck accident. They could include the truck driver and their employer, as well as a manufacturer that produced defective equipment or a company that loaded cargo in a way that was not properly. Many trucks contain event data recorders, also known as black boxes. They can aid investigators in determining the cause of a crash occurred. Professional personal injury attorneys be able to connect the data with log books. Investigation of the Scene In the event of a car crash, the first step in an investigation is usually to gather physical evidence and then take photographs. sioux falls truck accident lawyer of truck accidents differ. There are many other aspects to consider. For example, trucks are often transporting dangerous items and even a minor accident can cause serious or fatal injuries. This is why the investigation process is more complex than the typical car accident. It takes more time and requires the assistance of experts from different fields. Fortunately, a qualified lawyer can connect you with the best people for this job. The process of interviewing eyewitnesses is a vital component of a thorough accident investigation. Experts are also required to reconstruct the crash based on the collected physical evidence. This information is crucial to holding a defendant responsible for the accident. A lawyer should also ask the trucking company and the driver for any information they believe to be relevant to a particular case. This could include information about the safety policies of the trucking firm, training procedures, and maintenance procedures. Also, the background of the driver of the truck is crucial including any previous incidents, reprimands, or drug/alcohol test results. Another piece of evidence to look for is the information from the truck's black box. These devices are similar to the ones found in airplanes, and are able to provide a lot of details about how the accident occurred. Your attorney must get this information as soon as you can, since it could be lost due to weather or the passing traffic. A lawyer should also gather medical records of the victims. These documents will help prove that the injuries sustained in the crash have caused significant and long-lasting damage. It is crucial to preserve these documents, along with any medical notes or treatment schedules that are readily available. Expert Witnesses While most truck accidents end up in a settlement between the insurance company and the victim, some do not and must be tried in the court. This is where expert witnesses play a vital role. They are professionals who have the training, knowledge and experience to assess the facts in your case and then present their findings to the jury. They can explain complicated mechanics, medical concepts and economic concepts to jurors who have little or no knowledge of them. Depending on the kind of expert witness you require, they could be as basic as a mechanic who will determine the reason your vehicle was damaged in the crash and metallurgists who do a failure analysis on the specific part of your truck or pathologists who determine the cause of death. They may be required to investigate and testify about particular 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 can be a major issue by insurance companies as they will try to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause them any additional damage. In these instances, your attorney will call an independent medical expert who will challenge the doctor's testimony for insurance companies. A witness who is an expert in the field can be beneficial in proving that the truck driver was negligent. They can use their expertise to help the jury understand the truck driver's inability to perform their duties as well as the financial implications of that failure, and how that failure affected you. GPS Tracking It is not unusual for victims of truck accidents suffer serious injuries. They are entitled to financial aid to pay medical bills as well as lost wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they deserved. GPS tracking is among the most efficient technologies for accident cases. These devices are a standard of the trucking industry and usually have a variety of crucial information that can be used to determine liability. A Qualcomm system can provide important information like speed and braking performance engines performance, speed, and service hours. This information can be paired with other evidence, like eyewitness testimony to reconstruct the scene of an accident. Dash cams and telematics data could be helpful in the event of a truck crash. Telematics is the collection of data collected by a vehicle’s onboard computer. The data is used to instruct fleet drivers and record incidents. This could include vital data like speed, harsh brakes, phone usage and more. This can be compared with the log books of the truck drivers to determine whether accurate records were recorded. A fax log of any communication concerning the trip prior to the accident is also crucial. This could include information about the travel route and its destination, any stops during the journey, and even the record of any communication between the driver of the truck and the company. This can be used by a skilled personal injury lawyer to show that the trucker was distracted or following unsafe procedures. If a victim of a truck accident is able to prove that the trucking company, driver or other defendants failed to adhere to their duty of care and caused the collision and resulting injury, they should be held accountable for any injuries suffered as a result. To win a case, the plaintiff must prove that the defendant acted in violation of the law or regulation and that the breach directly caused harm. It is much easier to show that a violation of an traffic law was negligent however, Federal regulations require a more detailed analysis. The process of negotiating a settlement In most cases, truck accident victims are able to settle their claims without having to go to court. The process of negotiating an agreement involves discussing the facts of your situation with an insurance company which includes the amount you are legally entitled to under state law. A lawyer who handles truck accidents will evaluate your injuries and document your losses in order to determine the worth of your case. Then, the attorney can take the findings of similar cases involving similar truck accidents as well as the amount of compensation that juries have awarded victims in similar circumstances to determine the amount of a fair settlement. Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you get adequately covers the damages documented. This includes money you've lost because you didn't work to receive treatment for your injury. The lawyer can assist in submitting the necessary documentation for these losses including old pay statements. If your injuries prevent you from returning to your previous job, you may also be eligible for compensation. Insurance companies often begin the discussion by making a low offer. This method is used to determine how eager you are to settle your case and could have a negative impact on the value of your claim. A lawyer who is experienced is able to avoid being mistreated by remaining calm and not allowing pressure to accept an offer that is not satisfactory. Once your lawyer has reached a reasonable settlement amount, they'll make a written demand for settlement to the responsible party, which must be answered within 30 days or your rights to sue the responsible party in court will be forfeited. In some instances the trucking company could refuse to negotiate. Your attorney will then start an action on behalf of the party who was negligent. It is not possible to provide a general figure for the amount an accident settlement for a truck is worth as each case is unique and has its own factors, such as the severity of your injuries and the amount of time you will miss from work for medical treatments. But, it's not unusual for settlements from truck accidents to be in the millions.