What Freud Can Teach Us About Truck Accident Attorneys
Truck Accident Litigation
There are a lot of potential defendants in truck accident litigation. alameda truck accident lawsuit could include the driver of the truck and their employer as also a company that manufactured defective equipment or an individual contractor who loaded cargo incorrectly.
Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining how an accident occurred. Experienced personal injury attorneys will know how to match the data with log books.
Investigation of the Scene
In the case of a car accident the first thing you need to do is gather evidence. However, in the case of truck accidents there are numerous other things to consider. For example, trucks are often transporting dangerous items, and even a relatively minor accident can cause fatal or serious injuries.
The investigation process is therefore more complex than a typical car accident. It is also more time consuming, and it requires the help of experts in different areas. A lawyer with experience can help you locate the right people to do this task.
A thorough truck accident investigation includes interviewing eyewitnesses, as well as going to the site of the crash. It also requires the help of experts who can retrace how the accident happened based on the evidence gathered. This is essential in making a defendant accountable for the occurrence.
A lawyer should also contact the trucking company and driver for any information that might be relevant to a specific case. This could include information regarding the safety guidelines of the trucking company maintenance protocols, as well as training procedures. Additionally, the past of the driver of the truck is crucial, such as any past incidents, reprimands or test results for alcohol or drugs.
Another piece of evidence to collect is the data from the truck's black-box. These devices are similar to the ones found in airplanes, and can provide a wealth of information on how the accident occurred. The information you need should be requested as soon as possible by your attorney, as it could fade away over time due to the elements or passing traffic.
Finally, an attorney must also collect medical records from the victims of the crash. These documents will prove that the injuries sustained during the crash caused long-lasting and significant damage. It is vital to preserve these documents, along with any medical notes or treatment schedules that are readily available.
Expert Witnesses
Most truck accidents are settled between the insurance company, the victim and the trucking company. However, there are some that don't and have to be taken to the court. Expert witnesses are essential in these cases. They are professionals with the training, knowledge and expertise to analyze the evidence in your case, and provide their opinions to the jury. They can explain complex medical concepts, mechanical theories and economic concepts to jurors with little or no knowledge of them.
Depending on the kind of expert witness you require, they can be as simple as a mechanic who can determine why your vehicle was damaged in the crash and metallurgists that can perform a failure analysis on an individual truck component or pathologists who determine the reason for death. They might be required to look into and testify on specific elements of your case, like the force or the crash, the vehicle velocity, or the reconstruction of the accident.
Another area in which experts are called in is for medical experts to verify the severity of your injuries. Insurance companies often challenge this area, claiming that you exaggerate your injuries, or that they have pre-existing conditions and that the accident did not cause any additional damage. In these instances your lawyer will call in an independent medical expert to contest the testimony of the insurance company's doctor.
Finally an expert witness could be crucial to finding out that the trucker at fault in the accident was negligent in a certain way. They can use their expertise to help the jury understand the truck driver's omission to perform their duties and the financial repercussions caused by that failure, and how that failure affected the person who was affected.
GPS Tracking
It is not uncommon to see victims of truck accidents sustain serious injuries. They deserve compensation for medical bills, lost wages and pain and suffering, and other expenses. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
GPS tracking is among 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 that help determine liability. A Qualcomm system can, for instance, provide important information like speed of braking, engine performance, and service hours. This information can be paired with other evidence, like eyewitness testimony, to reconstruct the scene of an accident.
Dash cams and telematics data may also be valuable in the event of a truck crash. Telematics is the process of collecting data that is gathered by a vehicle's onboard computer. This information is used to coach fleet drivers and record incidents. This could include vital information like speed, harsh brakes, phone usage and more. This can be compared against the truck driver's log books to see whether accurate records were maintained.
Another crucial piece of information is any fax communications records that might have been sent about the trip prior to the incident. This could include information about the travel route and its destination, any stops along the way, and even the record of any communication between the driver of the truck and the company. This can be used by a knowledgeable personal injury lawyer to show that the trucker was distracted or not following safe procedures.
When a truck accident victim is able to demonstrate that the trucking company, truck driver or any other defendants failed to uphold their duty of care and caused the collision and the victim should be held responsible for any injuries sustained as a result. In order to win a case the plaintiff must prove that the defendant violated the law or regulation and that the violation directly caused harm. It is much easier to show that a violation of traffic laws was negligent however, Federal regulations require a more thorough analysis.
Negotiating a Settlement
In most cases, truck accident victims are able to settle their claims without having to go to court. The process of negotiating settlement is to discuss the facts of your case with an insurance firm, including the amount you are entitled to under the law of the state. An experienced lawyer for truck accidents will evaluate your injuries and document the losses you have suffered as a result of the crash to determine how much your case is worth. The attorney can then use the results of other similar truck accident lawsuits and the amount of compensation juries awarded victims in similar circumstances to determine an appropriate settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately will cover your documented losses. This includes money you lost because you missed work to receive treatment for your injury. Lawyers can assist you to document the losses, including old pay stubs. If your injuries hinder you from returning to your previous job, you could be eligible for compensation.
Insurance companies usually begin the conversation by making a low offer. This technique is used to gauge how desperate you are to settle your case. This could have a negative impact on the value of your claim. A seasoned attorney can prevent being snubbed by a judge by remaining unflinching and never yielding to the pressure to accept a shoddy settlement.
After your lawyer has negotiated an amount that is fair, they will send the person responsible for the fault an official demand for a settlement. The other party must respond within 30 days or you will lose the right to pursue them in court. In some cases the trucking company may refuse to negotiate. Your lawyer will bring an action on behalf of the negligent party.
It is not possible to provide a general figure for the amount an accident settlement for a truck is worth as each case is unique including the extent of your injuries and the length of time that you'll be away working to undergo medical treatments. But, it's not unusual for settlements from truck accidents to exceed millions of dollars.