Truck Accident Litigation
A successful case involving a truck accident requires a variety of documents. These include incident and accident reports from law enforcement as well as on-board computer records like fax transmissions of cargo shipments.
GPS tracking data is crucial. It is often linked to log books for drivers and can give an almost error proof view of where the truck has been for the last few hours or days.
Damages
When an accident involving a truck and a passenger car causes serious injuries, the parties involved have a variety of options to seek compensation for their loss. These include both economic costs like medical bills and lost wages, as well as non-economic damages such as pain and suffering.
However, since there are more potential defendants in a truck accident than there are in a typical car accident and therefore, it is difficult to identify who is at fault for the incident. In the event of an accident the responsibility could be shared between several parties, including the truck driver (if they were operating their vehicle under the impaired by alcohol or drugs) or their employer as well as the owner of the tractor and trailer involved in the accident, or the business that loaded the cargo onto the truck.
Another significant factor is the fact that trucks carry more cargo than cars. This could cause a significant damage if a truck is involved with a collision. The injuries caused by a truck are usually eligible for more substantial amount of compensation.
To claim compensation for your injuries, you must to establish that the party responsible for the accident acted in breach of their duty and that this breach resulted in your injury. This is usually accomplished by an attentive review of evidence, such as police reports, witness testimony, and a thorough analysis of the truck accident scene.
It is important to hire an experienced attorney as early as you are able after the incident as evidence may vanish over time. The trucking company might destroy video footage of the crash scene to protect its interests. Our team at Regan Zambri Long will dispatch an investigation team as soon as you choose to hire us, so that all evidence crucial to your case is secured and protected before it is too late.
In addition to conserving evidence, we'll ensure that any witnesses to the accident are contacted as quickly as is possible. This is because their memories may be lost over time, and their words may not be as helpful in determining who is at fault.
Mediation
Often, victims of truck accidents often receive calls from insurance and legal representatives of the trucking company. They may want to know more about the accident and make low-ball offers of compensation. They should be resisted so that the victim can concentrate on healing. Choosing an attorney with extensive experience in the field can help you get the fair compensation you are entitled to. Choose a lawyer who is highly recommended and specializes in trucking accidents. Typically, these lawyers work on a contingent basis, which means that they only get paid if they get a settlement or a verdict.
To be canton truck accident attorney to claim damages in a truck crash case, the plaintiff will need to show that the defendant did not fulfill their duty of care. A duty of care is a legal obligation to act in a manner that is consistent with the law and with what a reasonable person would do in the situation. A successful claim will require a clear showing that the defendant breached this duty and that the harm was directly caused by the breach.
The process of creating the case can take a long time especially when trying prove that a truck driver was negligent. The lawyer representing the plaintiff must collect witnesses' statements, conduct an exhaustive investigation of the scene and keep any evidence that could prove crucial. This includes investigating the truck's event data recorder (black box) for information on actions taken or not taken by the trucker before the accident happened.
A lawyer should be present as soon as they can to speak with witnesses, take pictures and document any damage done to vehicles or property. In some cases it's necessary to retrace the accident and speak with experts in order to determine the cause of the crash. Other evidence could include the trucker's log book or GPS tracking data. A personal injury lawyer who is experienced can use this information and compare it to other information, like traffic records, and the driver’s DOT certifications.
Trial
In the event that a non-court settlement is not reached the victims of truck accidents are able to pursue a lawsuit in a court. A New York truck accident lawyer will ensure that the victim's rights are protected and the compensation received is fully paid. A judge or jury will then decide the crash-related damages including medical bills, loss of wages and income, pain and discomfort and property damage.
A successful claim for damages is proving negligence by the defendant. To establish negligence the plaintiff must demonstrate that the defendant violated an obligation (e.g. the truck driver's obligation to follow traffic rules or an employer's obligation to properly train employees) and that the breach led to the accident and injuries. This is a specific analysis which can be difficult. An experienced attorney can help you gather evidence to build a convincing case.
If a case is brought to trial the jury will hear from experts who testify on crash causes and consequences. The jury will determine how the parties must pay for damages related to the crash. Compensation damages are intended to reimburse the victim for their losses, while punitive damages are intended to penalize the party at fault and deter similar behavior.
Following a collision, victims will be contacted from aggressive attorneys who work for the at-fault party's insurance company. They are usually "wolves in sheep's clothes" and will try to force you into saying things that can be taken out of context and used to weaken your case. A lawyer with experience can shield you from these tactics and ensure that your words do not harm your case.
A New York truck accident lawyer will also assist you in finding evidence to back up your claim. These include phone records that prove that the trucker was in contact with the phone when the accident happened, on-board computers data and any communications regarding logistics and deliveries. The lawyer can also request images or video footage of the incident, as well as other pertinent information. When choosing a lawyer, choose one with experience handling complicated truck accident cases and is connected to experts who are knowledgeable.
Statute of Limitations
The statute of limitations is a legal term used to refer to the amount of time a victim has to make a claim or lawsuit following a crash. This is governed by state laws which may differ based on the kind of case. In general, it can take a long time to complete the litigation process and get compensation from the court.
If a victim of a car accident delays filing an action, the statute of limitations may run out before he she has enough evidence to build a convincing claim. To help ensure that they have enough time to develop an effective case, victims should consult with an experienced NYC truck accident lawyer within the shortest time possible following their collision.
A seasoned New York truck accident lawyer can review trucking company records, driver logbooks and other relevant documentation to search for indications of negligence or reckless behavior. They can also consult with highly regarded experts to determine the cause of the accident and determine the total amount of the victim's damages.
Many employees work for trucking companies including supervisors and human resources professionals. They could be held accountable under vicarious liability laws when they are found out to have been negligent in allowing an incompetent or dangerous trucker on the road. This is especially true in the event that a trucker has numerous violations or accidents on their record, yet their employer does not have the authority to discipline them.
Although it's not always possible to identify all liable parties, the more parties that lawyers can hold accountable, the greater the likelihood of a complete and fair settlement. It is possible in certain cases to make multiple defendants responsible for different aspects of the claim under the doctrine of joint and several liability.
Some states have special rules that can alter or shorten the statute of limitations in a case. For example, some cases involving children can be restricted by laws that slow the clock until the person is 18 years old. Some injuries might not be apparent immediately. It is crucial that patients follow the advice of their doctor and attend all appointments in order to be properly diagnosed and treated.