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Truck Accident Litigation Truck accident litigation involves many possible defendants They could include the truck driver and their employer as well as a manufacturer that made defective equipment or a contractor who loaded cargo improperly Many trucks have event data recorders also known as black boxes These can help investigators determine how a crash occurred Personal injury lawyers with experience will be able match the data in log books Investigation of the Scene In the case of a car accident the first thing to do is gather evidence In the case of truck accidents however there are many other things to consider Trucks are often carrying dangerous items and even a minor incident can result in fatal or serious injuries Due to this the investigation process is more complex than the typical car accident It is also longer and it requires the help of experts in various fields A lawyer with experience can help you locate the right people to complete this job Interviewing eyewitnesses is a crucial part of a thorough accident investigation Experts are also needed to reconstruct the crash by analyzing the physical evidence This information is crucial in finding a defendant accountable for the incident A lawyer must also inquire of the trucking firm and the driver for any information that could be relevant to a case This could include information on the safety policies of the trucking firm or training procedures as well as maintenance protocols Also the background of the driver of the truck is important like any prior incidents reprimands or results of a drugalcohol test Another evidence source to be gathered is the data from the black box of the truck These devices are similar to ones found in planes and they can provide a great deal of information on how the accident happened The information you require should be sought immediately by your attorney since it may disappear in time because of the elements or other traffic A lawyer should also collect medical records of the victims These documents will prove that the injuries suffered during the accident have triggered longlasting and significant damage It is important to keep these documents together with any notes from a doctor 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 there are some that do not and need to be brought to the court This is where expert witnesses play an important role They are professionals with the experience and training to assess the evidence in your case and provide their opinions to jurors They can explain complex mechanics medical concepts and economic concepts to jurors who have little or no understanding of them Expert witnesses can vary from a basic car mechanic to a metallurgist who will evaluate the failure of a trucks component or a pathologist who will determine what caused the death They could be required to examine and testify on particular elements of your case such as the force or crash the vehicle velocity or the reconstruction of the accident Medical experts are also called upon to determine the severity and extent of your injuries Insurance companies will often contest the claim that you exaggerate your injuries or that they have preexisting conditions and that the accident didnt cause any further damage In these instances your lawyer will call an independent medical expert who will challenge the testimony of the insurance companys doctor A witness who is an expert in the field can be extremely helpful in proving a truck driver was negligent They will utilize their knowledge to assist jurors in understanding the truck drivers inability to perform their duties and the financial consequences that resulted from that failure and how that lack of performance affected the person who was affected GPS Tracking When accidents involving trucks happen it is not unusual for victims to suffer serious injuries They are entitled to financial aid for medical expenses and lost wages as well as suffering and related expenses boise city truck accident lawsuit from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserve GPS tracking is one of the most efficient technologies in the event of an accident These devices are used by the trucking industry and usually contain a range of important information that help determine the liability of the driver A Qualcomm system for example provides important data on speed and braking 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 valuable pieces of information in a car accident incident could include the records of the trucking companys telematics software and dash cameras Telematics is the process of collecting information gathered by a vehicles onboard computer The data can be used to instruct fleet drivers and to record incidents This information can include speed harsh braking and phone usage This can be compared to the log books of the truck drivers to determine if accurate records were kept Another crucial piece of information is any fax messages that might have been transmitted regarding the trip prior to the incident This could include information about the route destination any stops made along the way and any messages sent between the trucker and the company This information can be used by a seasoned personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures When a victim of a car accident can show that the trucking company driver or any other defendants failed in their duty of care and caused the accident they must be held responsible for any injuries suffered as a result To prevail the plaintiff must prove that the defendant violated an act or regulation and that the breach directly caused harm It is much easier to prove that a violation was negligent when it comes to traffic laws however federal regulations require a much more intricate analysis Negotiating a Settlement In many cases truck accident victims are able to settle their claims without going to court To reach a settlement you will have to discuss the details of your crash with the insurance company This includes the amount that you are entitled under state law An experienced truck accident attorney can assess your injuries and document the damages you have suffered in the crash to determine how the value of your case is The attorney will draw on the results of similar cases of truck accidents and the way juries have awarded victims in comparable situations to determine the fair amount to settle Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you receive is sufficient to cover the damages you have that are documented This will include any money you have lost because of your inability to work to get treatment for your injuries The lawyer can help you with the documentation required for these losses which could include former pay stubs If your injuries stop you from returning to your previous job you could be entitled to compensation Insurance companies usually begin the conversation by offering an offer that is low This method is used to determine how desperate you are to settle your case This can have a negative impact on the value of your claim A seasoned attorney can prevent being lowballed by remaining unflinching and never yielding to pressure to accept a poor settlement Once your lawyer has agreed to an acceptable settlement amount they will make a written demand for settlement 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 instances the trucking company may refuse to negotiate Your lawyer will file an action on behalf of the party who was negligent It is impossible to provide an estimate of the worth of a truck accident settlement as each instance is unique For instance the severity of injuries and how long youll be away from work for medical treatment are some of the factors which can be different However it isnt unusual for settlements in truck accidents to be worth millions of dollars