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Truck Accident Litigation Truck accident litigation involves many possible defendants. These defendants may include the driver of the truck and their employer as also a company that produced defective equipment or an individual contractor who loaded cargo incorrectly. Many trucks have event data recorders (also called black boxes) which can aid investigators in determining how a crash happened. Professional personal injury attorneys be able to connect the data with log books. Investigation of the Scene When a car wreck occurs the first step of an investigation is to collect evidence from the scene and take photographs. In the case of truck accidents, however there are a variety of things to think about. For example truck accidents often involve dangerous items, and even a relatively minor crash can result in serious or fatal injuries. Due to this, the investigation process 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. A lawyer with experience can help you find the right people to complete this job. An extensive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the scene of the accident. It also requires the assistance of experts who are able to reconstruct what happened on the physical evidence that is collected. This information is vital in holding a defendant responsible for the occurrence. Additionally, an attorney should seek any details from the truck driver and the company that could be relevant to the case. This could include information on the safety guidelines of the trucking company or training procedures, as well as maintenance protocols. Additionally, the past of the driver of the truck is important, such as any past incidents, reprimands, or alcohol/drug test results. The information from the black box of the truck is yet another source of evidence that must be gathered. These devices, which are like those used in planes, may provide an abundance of information regarding the incident. This information should be requested as soon as possible by your lawyer, as it could fade away over time because of the elements or other traffic. In addition, the attorney should also gather medical records from the victims of the crash. These records will show that the injuries sustained during the crash have caused long-lasting and extensive damage. It is important to keep these documents, together with any doctor's 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, there are some that are not and must be brought to court. This is where expert witnesses play an important role. They are experts with the knowledge and training required to assess the evidence in your case and give their opinion to the jurors. They can explain complicated mechanical, physical, medical and economic concepts that a majority of jurors are not aware of or have no knowledge of. Based on the type of expert witness required they can be as simple as a mechanic who can determine why your vehicle was damaged during the accident and metallurgists who do a failure analysis on an individual truck component or pathologists who determine the causes of death. They may be required to examine and testify on specific elements of the case, such as the force of the collision or the speed of the vehicle or the reconstruction of the accident. Another important area where experts are consulted is to help medical experts verify the severity of your injuries. This is an area which is often contested by the insurance company since they try to argue that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional damage. In these situations your lawyer will bring an independent medical expert to contest the doctor's testimony for insurance companies. A witness who is an expert in the field can be beneficial in proving that the trucker was negligent. They will make use of their expertise to assist jurors in understanding the truck driver's inability to fulfill his or her responsibilities and the financial consequences caused by that failure and how the failure affected you. GPS Tracking It is not uncommon to see victims of accidents involving trucks suffer serious injuries. They deserve compensation for medical expenses, lost wages, suffering, in addition to other costs. skokie truck wreck lawyer from Cellino Law are prepared to seek justice for their clients and fight to get the compensation they deserve. One of the most beneficial pieces of technology in any accident case is GPS tracking. These devices are employed by the trucking industry and often contain a variety of vital information that help determine the the liability of the driver. A Qualcomm system provide, for instance, important information such as speed, braking performance, engine performance, and service hours. This information can be used in conjunction with other evidence, like eyewitness testimony to help reconstruct the scene of the crash. Other valuable pieces of information in a car accident case may include records from the trucking company's telematics software and dash cams. Telematics is a set of data gathered by a vehicle's onboard computer, which is utilized for coaching fleet drivers as well as to record incidents. The data can include speed, harsh braking, and phone usage. This can be compared with the log books of truck drivers to determine if they had accurate data was recorded. Another crucial piece of information is any fax communications records that may have been sent regarding the trip prior the accident. This can include information about the travel route and its destination, any stops along the way, or even an account of any messages between the truck driver and the company. This information can be used by an experienced personal injury lawyer to prove that the truck driver was distracted or did not follow safe procedures. If a truck accident victim can prove that the trucking company, driver or any other defendants failed to fulfill their duty of care and caused the accident, then they should be held accountable for any injuries suffered due to the collision. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is easier to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a much more complicated analysis. The process of negotiating a settlement In many cases, a truck accident victim can settle their claim without having to go to trial. To reach a settlement, you'll have to discuss the details of your crash with the insurance company. This includes the amount to which you are entitled to under the law of your state. A lawyer who handles truck accidents can assess your injuries and document the losses you have suffered as a result to determine the value of your case. The lawyer can then utilize the results from other similar truck accident lawsuits and the verdicts of juries in similar situations to calculate an appropriate settlement amount. Your lawyer may also work with the insurance company to ensure that the settlement you receive will cover your documented losses. This includes any money you've lost because of your inability to work to receive treatment for your injuries. The lawyer can assist you with submitting documentation to prove these losses, including old pay bills. If your injuries hinder you from returning to your previous job, you could be entitled to compensation. Insurance companies typically start the conversation by making an offer that is low. This is a standard tactic to test how desperate you are to settle and could affect the value of your case. A lawyer who is well-informed is able to avoid being mistreated by remaining calm, and not giving in to pressure to accept a settlement that is inadequate. After your lawyer has reached an acceptable settlement amount, they will send a written demand for settlement to the at-fault party 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 start a lawsuit on behalf of the party who was negligent. It is impossible to provide a general estimate of what an accident settlement for a truck is worth because each individual case is unique like the severity of your injuries and the length of time you'll miss working to undergo medical treatments. Settlements for truck accidents can range from millions of dollars.