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Truck Accident Litigation There are a lot of potential defendants in the litigation involving truck accidents. They may include the truck driver and their employer, as well as a manufacturer who produced defective equipment, or a contractor that loaded cargo in a way that was not properly. Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining the cause of the crash took place. Personal injury lawyers with years of experience will be able to verify the log book information with the accident. Investigation of the Scene In the event of a car crash the first step in an investigation is to collect evidence physically and take photos. In truck accidents, however there are many other aspects to be considered. Trucks are typically carrying dangerous goods, and even a minor incident can cause serious or fatal injuries. The process of investigation is more complex than the typical car accident. It is also more time consuming, and it requires the assistance of experts in a variety of areas. Luckily, a lawyer with experience can connect you to the best people to do this job. cicero truck accident lawsuit includes interviewing eyewitnesses, as well as going to the scene of the crash. Experts are also required to reconstruct the accident based on the collected physical evidence. This information is crucial in making a defendant accountable for the accident. In addition, the attorney should seek out any information from the trucking company and driver that could be relevant to the case. This could include information about the safety policies of the trucking company as well as training procedures and maintenance protocols. The background of the driver is also important. This includes any past incidents, reprimands or drug/alcohol tests. Another thing to be gathered is the data from the black box of the truck. These devices are similar to ones found in airplanes, and they can provide a lot of information on the circumstances of the accident. Your lawyer should seek this information as quickly as you can, since it may disappear over time due to weather or the passing traffic. A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained during the accident have triggered long-lasting and significant damage. It is crucial to save these documents, along with any medical notes or treatment schedules that are accessible. Expert Witnesses While the majority of truck accidents end up in a settlement between the insurance company and the victim however, some don't and must be tried in court. This is where expert witnesses play a crucial role. They are experts with the experience and training to assess the evidence in your case, and offer their opinion to jurors. They can explain complex mechanics, medical concepts and economic concepts to jurors with little or no knowledge of them. Based on the type of expert witness needed, they could be as straightforward as a mechanic who will determine the reason your vehicle was damaged in the crash and metallurgists that can conduct a failure analysis of an individual truck component, or pathologists who can determine the cause of death. They may also be required to look into and testify on specific elements of your case, such as the impact of the crash, vehicle velocity, or the reconstruction of an accident. Another crucial area where experts are called in is for medical experts to verify the severity of your injuries. Insurance companies often challenge the claim that you exaggerate the severity of your injuries or that they were pre-existing issues and that the accident did not cause any additional damage. In these cases the attorney could call in an independent expert who will challenge the insurance's doctor's testimonies. Finally an expert witness can be crucial to proving that the trucker who was involved in the accident was negligent in a certain way. They can use their expertise to help the jury understand the truck driver's failure to complete his or her job and the financial repercussions caused by that failure and how the failure affected you. GPS Tracking It is not uncommon for victims of truck accidents sustain serious injuries. They deserve financial support for medical bills as well as lost wages, pain and suffering and other associated costs. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients. GPS tracking is one of the most efficient technologies in the event of an accident. These devices are employed by the trucking industry, and typically contain a range of important information which can assist in determining liability. A Qualcomm system, for instance can provide crucial information including speed brake, engine performance and hours of service. This information can be combined with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash. Other pieces of valuable information from a truck accident case could be records from the trucking company's telematics software and dash cameras. Telematics is the collection of data gathered by the vehicle's onboard computer. This information can be used to instruct fleet drivers and record incidents. This can include important information such as speed, hard brakes, phone usage and more. This can be compared to the log books of truck drivers to determine if accurate records were maintained. A fax log of any communication concerning the trip before the accident is equally important. This can include information about the route and the destination, any stops during the journey, and even an account of any messages between the driver of the truck and the company. A seasoned personal injury lawyer could use this evidence to prove that the trucker was distracted, following unsafe procedures or taking unnecessary risks. If a truck accident victim can prove that the trucking company, driver or any other defendants, did not fulfill their duty of care and caused the collision and caused the accident, they should be accountable for any injuries that occur due to the collision. To prevail, the plaintiff must show that the defendant acted in violation of any law or regulation, and that the breach directly caused harm. It is simpler to prove that a violation was negligent in the context of traffic laws, but federal regulations require a more intricate analysis. The process of negotiating a settlement In many instances the truck accident victim can settle their case without going to trial. The process of negotiating a settlement involves discussing the facts of your case with an insurance company which includes the amount you are entitled to under the law of the state. A skilled attorney in truck accidents can evaluate your injuries and document the damage you've suffered in the accident to determine the value of your case is. Then, the attorney can draw on the results of similar cases involving similar truck accidents as well as how juries have awarded victims in similar situations to determine the amount of a fair settlement. Your lawyer can also negotiate directly with the insurance company to ensure that the settlement you receive is adequate to cover the losses acknowledged. This includes any money you've lost because of your inability to work to seek treatment for your injuries. Lawyers can assist you to with the documentation required for these losses, including former pay stubs. If your injuries prevent you from returning to your previous job, you could be eligible for compensation. Insurance companies usually begin the conversation by making a low-ball offer. This tactic is used to determine how eager you are to settle your case. It could have a negative effect on the value of your claim. A seasoned attorney can prevent being snubbed by a judge by remaining calm and never giving in to pressure to accept a poor settlement. After your lawyer has negotiated an amount that is reasonable and fair, they will send the at-fault person a written request for a settlement. The party must reply within 30 days or you will lose the right to pursue them in court. In certain 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 settlement since each case is different. For instance, the severity of the injuries and the length of time you'll be off from work for medical treatment are some of the factors that can vary. Truck accident settlements can reach millions of dollars.