Truck Accident Litigation
A successful claim on a truck-related accident requires a variety of papers. These include accident and incident reports from law enforcement, as well as the computer on board, like transmissions by fax of cargo shipments.
The GPS tracking data is important. This is often matched with log books for drivers and can give an almost error proof information about the location of the truck during the last hour, days or even weeks.
Damages
When an accident involving two vehicles, a truck or a passenger vehicle results in serious injuries, the parties have many different options available to recover compensation for their losses. This can include both financial costs like medical bills and lost wages and non-economic damages, such as pain and suffering.
However, since there are more potential defendants in a truck crash than in a typical car crash It can be a challenge to identify who is at fault for the incident. In the event of an accident the responsibility could be shared between multiple parties, including the driver of the truck (if they were driving their vehicle under the influence of alcohol or a drug) and their employer as well as the owner of the tractor and trailer involved in the accident or the company which loaded the freight on the truck.
Another important factor is the fact that trucks transport more cargo when compared to cars. This could cause a significant damage to the vehicle if it is involved in an accident. This means a greater claim is usually available to those injured in a crash with a truck.
To claim compensation for your injuries it is necessary to demonstrate that the party who was at fault breached their duty and that the breach resulted in your injury. This is typically accomplished through an attentive review of evidence, such as police reports, witness testimony and expert analysis of the truck accident scene.
It is also important to have an experienced attorney involved as soon as you can following a accident since the evidence may disappear as time passes. The trucking company could destroy video footage of the accident scene to protect its own interests. Our team at Regan Zambri Long will dispatch an investigation team when you engage us to ensure that any crucial evidence is secured and preserved before it's too late.
In addition to conserving evidence, we'll ensure that any witnesses to the accident are contacted as quickly as possible. It is because their memory can fade with time, and their words may not be as valuable in determining who's responsible.
Mediation
Often, victims of accidents involving trucks will receive calls from insurance and legal representatives of the trucking company. They may want to know more about the accident, and then make low-ball offers of compensation. They should be snubbed so that the victim can focus on healing. You can receive the financial compensation you deserve by choosing an attorney with extensive experience in this field. Find a lawyer who is highly rated by previous clients and who specializes in truck accidents. These lawyers are usually paid on a contingency basis, meaning that they only get paid if they win a verdict or settlement.
To obtain damages in a truck accident case, the plaintiff will need to prove that the defendant violated their duty of care. A duty of care is the obligation to act in accordance with the law, and to do what a reasonable person might do under the circumstances. A successful claim requires clear demonstration that the defendant violated the obligation and that the damage is directly caused by this breach.
It could take a long time to build an evidence-based case, especially if you are trying to establish the negligence of a truck driver. The lawyer for the plaintiff needs to gather witness statements, perform an extensive investigation of the scene, and keep any evidence that could be vital. This includes investigating the truck's event data recorder (black box) for information about actions made or not made by the trucker prior to the accident took place.
A lawyer should be at the scene as quickly as possible to speak with witnesses, make photographs and record any damages to property or vehicles. In certain cases it's necessary to retrace the accident and to talk with experts to find out what caused the crash. Other evidence that is important could include the log book for the truck driver and GPS tracking data. A personal injury lawyer who is knowledgeable knows how to use this information and match it with other information, such as traffic records and the driver's DOT certifications.
Trial
In the event that an out-of-court settlement is not possible, truck accident victims can pursue legal action in a court. A seasoned New York truck accident attorney can ensure that the rights of the victim are protected and that all possible compensation is recouped. A judge or jury will then decide on the crash-related damages including medical bills, lost wage and income, pain and discomfort and property damage.
To prove negligence, the defendant must be found guilty. In order to establish negligence the plaintiff must demonstrate that the defendant breached the lawful obligation (e.g. for example, a truck driver's duty to observe traffic laws, or an employer's obligation to properly educate employees) and that the breach directly led to the accident and injuries. This is a highly fact-specific investigation that can be challenging. A competent attorney can help you gather evidence to make an effective case.
When a case goes to trial the jury will hear from experts who will testify about the causes of the crash and the consequences. The jury will decide on how each party will be required to pay for the damages resulting from a crash. Compensatory damages are designed to compensate the victim for their losses, while punitive damages are meant to punish the at-fault party and deter similar behavior.
Following a collision, victims will be contacted from aggressive attorneys who work for the insurance company of the party at fault. These lawyers are often "wolves dressed as sheep" and they will attempt to persuade you to say things that could be taken out of context and used to weaken your case. A competent lawyer will protect you from these tactics and ensure that your words don't damage your case.
A New York truck accident attorney can also assist you in finding evidence that supports your claim. These include phone records that show if the trucker was in contact with the phone at the time of the accident, computer data on the truck as well as any faxes that pertain to transportation and logistics. Your lawyer can also get photos or video footage from the incident, as well as other pertinent information. When choosing a lawyer seek out one who has an experience in handling complex truck accidents cases and is connected to knowledgeable experts.
Statute of Limitations
The statute of limitation is a legal term that refers to the amount of time a victim has after the crash to start a lawsuit or claim. This is governed by state laws that can differ based on the kind of case. It could take a long time for a lawsuit to be settled and the compensation to be given by a court.
If a victim of a truck accident does not file a claim, the statute may run out before she has enough evidence to build a convincing claim. To ensure they have the time needed to build a strong case, victims must consult with an experienced NYC truck accident lawyer immediately following the accident.
A seasoned New York truck accident lawyer can examine the trucking company's records such as driver logbooks, driver's logbooks and other relevant documents to find signs of negligence or reckless conduct. They can also work with highly respected experts to determine the cause of an accident and determine the total amount of damage a victim has suffered.
westland truck accident lawyer could make trucking companies and their employees, such as supervisors and human resource professionals, accountable if it is discovered that they have knowingly permitted an incompetent or dangerous trucker to travel on the roads. This is especially important in the event that a trucker has numerous violations or accidents on their record, but their employer doesn't discipline them.
While it is not always possible to identify all liable parties however, the more parties lawyers can hold accountable, the greater the chances of a full and fair settlement. It is possible to hold multiple defendants accountable for different elements of the claim, under the doctrine of joint and various liability.
Certain states have specific rules that may alter or reduce the time of limitations for a case. Some cases involving children may be governed by laws that suspend the clock until the victim is 18. Some injuries may not manifest immediately. It is imperative that victims follow the advice of their doctor and attend all appointments in order to be properly diagnosed and treated.