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Truck Accident Litigation There are a myriad of potential defendants in the litigation involving truck accidents. They could include the driver of the truck as well as their employer, as also a company that produced defective equipment or an individual contractor who improperly loaded cargo. Many trucks are equipped with event data recorders, also referred to as black boxes. They can aid investigators in determining the cause of a crash occurred. Experienced personal injury attorneys will know how to link this information to log books. Investigation of the Scene In the event of a car crash the first thing you need to do is gather physical evidence. In truck accidents, however, there are many more factors to take into consideration. Trucks often transport dangerous products and even a minor collision can cause serious or fatal injuries. Due to this, the investigation process is more complicated than that of a normal car accident. It is also more time consuming, and it requires the help of experts in various areas. Fortunately, a qualified lawyer can connect you to the best people to do this job. An exhaustive investigation into a truck accident involves interviewing eyewitnesses and visiting the site of the accident. Experts are also needed to reconstruct the crash using the physical evidence. This information is crucial in holding a defendant liable for the incident. In addition, the attorney should request any information from the truck driver and the company that could be relevant to the case. kansas truck accident lawsuit could include details regarding the trucking company's safety policies or training procedures, as well as maintenance protocols. Also, the background of the truck driver is important, such as any past incidents, reprimands, or alcohol/drug test results. Another evidence source to gather is the data from the black box of the truck. These devices are similar to ones found in planes, and they can provide a wealth of details about how the accident happened. The information you need should be requested immediately by your attorney, since it may disappear in time because of the elements or passing traffic. Finally, an attorney should also obtain medical records from the victims of the crash. These records will show that the injuries suffered during the crash have caused long-lasting and significant damage. It is essential to keep these documents along with any doctor's notes and treatment schedules. Expert Witnesses The majority of truck accidents are settled between insurance company, the injured party and the trucking company. However, there are some that don't and have to be taken to the court. Expert witnesses are critical in these cases. They are professionals who have the training and knowledge to analyze the facts in your case, and then provide their opinions to jurors. They can explain complicated mechanics, medical concepts and economic concepts to jurors with little or no understanding of them. Expert witnesses can range from a straightforward car mechanic to a metallurgist able to determine the failure of a truck part or a pathologist who will determine the cause of death. They could also be required to look into and testify on specific elements of your case like the impact of the crash, vehicle velocity, or even the reconstruction of the accident. Another important area where expert witnesses are called in is for medical experts to confirm 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 are exaggerating your injuries or that they were pre-existing and that the accident did not cause any further damage. In these instances the lawyer will call in an independent medical expert to contest the doctor's testimony for insurance companies. A witness who is an expert in the field can be helpful in proving a truck driver was negligent. They will make use of their expertise to help the jury understand the truck driver's failure fulfill his or her responsibilities, the financial consequences that resulted from that failure and how that failure affected you. GPS Tracking It is not uncommon to see victims of truck accidents suffer serious injuries. They deserve financial support to pay medical bills as well as lost wages, suffering and related 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 one of the most effective methods used in accident cases. These devices are a common feature of the trucking industry and usually have a variety of vital information that can be used to determine the extent of liability. A Qualcomm system, for instance, provide crucial information like speed as well as braking performance, engine performance, and service hours. This information can be combined with other evidence, such as eyewitness accounts, to reconstruct the scene of the crash. Dash cams as well as telematics records could also prove useful in the event of a truck crash. Telematics is a collection of information gathered by a vehicle's onboard computer, which is used to coach fleet drivers and also to record incidents. The data can include speed, harsh braking, and phone usage. This information can be compared to the truck driver's log books to determine whether accurate records were recorded. Another important piece of information is any fax communications records that were sent about the journey prior to the accident. This could include the route, destination, any stops made on the way, as well as any messages exchanged between the trucker and the company. This information can be used by an experienced personal injury lawyer to prove that the truck driver was distracted or ignoring safety procedures. If a victim of a truck crash can prove that the trucking company or driver or any other defendants, did not meet their duty of care and caused the accident then they must be accountable for any injuries incurred as a result. In order to win a case the plaintiff must show that the defendant acted in violation of the law or regulation and that the violation directly caused harm. It is much easier to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a more complex analysis. Negotiating a Settlement In many instances victims of truck accidents may settle their claim without having to go to trial. The process of negotiating settlement is to discuss the facts of your case with an insurance provider, including the amount you are entitled to under the law of the state. A skilled attorney in truck accidents will evaluate your injuries and document the damage you've suffered due to the accident to determine much your case is worth. The attorney can analyze the results of similar truck accident cases and how juries have rewarded victims in similar situations to determine the amount of a fair settlement. Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately will cover your documented losses. This will include any money you have lost because of your inability to work to seek treatment for your injuries. Lawyers can assist you to document these losses, such as old pay stubs. If you're unable to return to the same type of job because of the injuries you sustained, you could be entitled to compensation for loss of future earning capacity as well. Insurance companies often begin the discussion with an offer that is low. This is a typical tactic to test how desperate you are to negotiate a settlement and can impact the value of your case. A lawyer with experience can avoid being lowballed by remaining calm and not giving in to pressure to accept the terms of a settlement that are not adequate. After your lawyer has reached a reasonable settlement amount, they will send a settlement demand in writing to the party at fault that must be addressed within 30 days, or your right to take action against the responsible party in court will be revoked. In some cases the trucking company may not negotiate and your lawyer will bring a lawsuit against the negligent party. It is impossible to give an estimate of the value of a truck accident settlement since each instance is unique. For example the severity of injuries and the length of time you will be away from work to receive medical treatment are factors which can be different. Truck accident settlements can reach millions of dollars.