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Truck Accident Litigation There are a variety of 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 manufactured defective equipment, or an individual contractor who improperly loaded cargo. Many trucks have event data recorders, also known as black boxes, that can assist investigators in determining how a crash occurred. miami gardens truck wreck lawyer who have experience will be able to match the data in log books. Investigation of the Scene If a car accident happens the first step of an investigation is usually to gather evidence in physical form and take photos. In the case of truck accidents, however there are many other aspects to be considered. For instance, trucks are often transporting dangerous goods and even a minor crash can cause fatal or serious injuries. Because of this, the investigation process is more complicated than that of a standard car accident. It is also more time consuming and requires the help of experts in different areas. A lawyer with experience can assist you in finding the right people to do this work. A thorough truck accident investigation involves interviewing eyewitnesses and going to the scene of the crash. Experts are also required to reconstruct the incident using the physical evidence. This information is essential to the case of a defendant being held accountable for the incident. Additionally, the attorney should seek any details from the truck driver and company that may be relevant to the case. This could include information regarding the safety policies of the trucking company maintenance protocols, as well as training procedures. Additionally, the past of the driver of the truck is crucial like any prior incidents, reprimands, or test results for alcohol or drugs. The data from the black box in the truck is an additional element of evidence that should be gathered. These devices, which are like those used in planes, could provide an abundance of information regarding the incident. The information you need should be requested immediately by your lawyer, as it may disappear in time due to the elements or passing traffic. Additionally, an attorney should also collect medical records from the victims of the crash. These records will show that the injuries suffered during the accident have caused lasting and substantial damage. It is important to keep these documents, along with any medical 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, some don't and have to be brought to the court. Expert witnesses are essential in these cases. They are professionals with the experience, knowledge and expertise to analyze the evidence in your case, and present their views to the jury. They can explain complex medical, physical, mechanical, and economic concepts that most jurors have no or little understanding of. Expert witnesses can vary from a basic car mechanic to a metallurgist that can evaluate the failure of a truck's component or a pathologist who can determine what caused the death. They might also be required to examine and testify about particular aspects of your case such as the impact of the crash or the vehicle's speed, or even the reconstruction of the accident. Medical experts are also called upon to assess the severity and extent of your injuries. This is a subject which can be a major issue by the insurance company since they may try to claim that you are exaggerating your injuries or that they were pre-existing and that the accident did not cause them any additional damage. In these situations your lawyer will call in an independent medical expert who will challenge the testimony of the insurance company's doctor. Lastly, an expert witness can be essential when it comes to proving that the trucker who was involved in the accident was negligent in a certain way. Expert witnesses will utilize their knowledge to assist the jury in understanding the reasons why the truck driver failed to do his or her job, the consequences this failure has caused and the financial repercussions of the inattention for you. GPS Tracking When accidents involving trucks happen, it is not uncommon for their victims to sustain serious injuries. They deserve financial support for medical bills, lost wages, pain and suffering and other related costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight to get the compensation they deserve. One of the most effective technological tools in any accident case is GPS tracking. These devices are used by the trucking industry, and they often contain a variety of vital information that help determine the responsibility. A Qualcomm system, for example, can provide important information about 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. Dash cams and telematics reports can also be useful in the event of a truck crash. Telematics refers to the data gathered by the vehicle's onboard computer that is utilized for coaching fleet drivers and to record incidents. It can contain important information like speed, harsh braking, phone usage and more. This information can be compared to the truck driver's log books to see whether accurate records were kept. Another important piece of information is any fax records that were sent about the trip prior the accident. This could include information about the route and destination, any stops on the way, and even an account of any messages between the driver of the truck and the company. An experienced personal injury lawyer can use this information to prove that the trucker was distracted, not following safe procedures, or taking risks that were not necessary. When a victim of a car accident is able to prove that the trucking company, truck driver, or any other defendants failed to adhere to their duty of care and caused the accident they must be held responsible for any injuries that may have occurred due to. Plaintiffs must show that defendants violated a law or regulation, and that the violation caused harm. It is easy to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a much more complicated analysis. Negotiating a Settlement In many instances victims of truck accidents can settle their case without going to trial. The process of reaching settlement involves discussing the facts of your situation with an insurance company and determining the amount you are entitled to under the law of your state. A skilled attorney in truck accidents can assess your injuries and document the damages you have suffered as a result of the accident to determine much your case is worth. The attorney can then apply the results of similar lawsuits related to truck accidents as well as the verdicts of juries in similar situations to determine a reasonable settlement amount. Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you receive is sufficient to cover the damages you have which are documented. This will include any money you have lost as a result of missing work to get treatment for your injuries. The lawyer can assist in submitting the necessary documentation for these losses including old pay stubs. If you are unable to return to the same sort of job due to the injuries you sustained, you could be entitled to compensation for loss of earning potential in the future as well. Insurance companies typically start the conversation by making an offer that is not as high. This is a standard tactic to determine how desperate you are to negotiate a settlement and can affect the value of your case. A knowledgeable attorney can avoid being low-balled by remaining at peace and not giving in to pressure to accept a low settlement. Once your lawyer has reached an acceptable settlement amount, they will send a written demand for settlement to the party at fault and must be responded to within 30 days or your rights to sue the responsible party in court will be revoked. In certain cases, the trucking company may refuse to negotiate. Your attorney will then bring a lawsuit on behalf of the negligent party. It is difficult to give an estimate of the value of a settlement because each situation is unique. For instance the severity of the injuries and the time you'll be off from work for medical treatment are some of the factors that vary. However, it is not uncommon for truck accident settlements to reach millions of dollars.