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Truck Accident Litigation A successful case involving a truck accident requires a wide range of documents. These include accident and incident reports from law enforcement as well as on-board computer records, such as fax transmissions of cargo shipments. The GPS tracking data is important. This data is often linked to logbooks of drivers and provides an almost exact and accurate picture of where the truck was over the past days, hours or even weeks. Damages In the event that an accident involving the truck and a passenger car results in serious injuries, the parties involved have many different options available to seek compensation for their loss. This can include both financial expenses like medical bills and lost wages as well as non-economic damages, such as pain and suffering. It can be difficult to pinpoint fault in a truck accident due to the sheer number of potential defendants. Depending on the circumstances the liability could be split between multiple parties, including the driver of the truck (if they were operating their vehicle under the influence of alcohol or other drugs) or their employer or the owner of the tractor and trailer involved in the crash, or the business who loaded the freight onto the truck. Another factor to consider is the fact that trucks carry more cargo when compared to cars. This could cause a significant damage if the truck becomes involved in a collision. Injuries caused by a truck are usually eligible for a greater amount of indemnity. To claim compensation for your injuries, it's important to prove that the at-fault party did not fulfill their duty of care, and that the breach led to the injury. This is usually accomplished by carefully examining the evidence, which includes the police reports, witness testimony and expert analysis of the truck accident scene. It is important to hire an experienced attorney as soon as you can following an accident with a truck because evidence could disappear over time. For instance, footage of the scene might be destroyed by the trucking company to protect their interests. Our team at Regan Zambri Long will dispatch an investigation team immediately after you employ us to ensure that any important evidence is protected and secure before it is too late. In addition to conserving evidence, we'll also make sure that any witnesses to the accident are contacted as soon as is possible. It's because their memories will fade over time and their words may not be as useful in determining who's responsible. Mediation The person who is the victim of a truck accident is usually contacted from the lawyers of the trucking company and insurance representatives. They may ask for information about the crash, or make low-ball compensation offers. These people should be ignored so that the victim can focus on healing. Choosing an attorney with extensive experience in the field can help you get the fair amount of compensation you are entitled to. Choose a lawyer who is highly rated by previous clients and who specializes in truck accidents. They are typically paid on a contingency basis, which means they only get paid if they win a verdict or settlement. To be able to claim damages in a car accident case the plaintiff must to prove that the defendant violated their duty of diligence. A duty of care is an obligation to follow the law, and what a reasonable person might do under the circumstances. A successful claim requires an unambiguous evidence that the defendant did not fulfill this duty and that the injury was proximately caused by the breach. It could take a long time to build an argument, especially when you are trying to prove a truck driver's negligence. The lawyer for the plaintiff needs to gather witness statements, perform an exhaustive investigation of the scene and preserve any evidence that might be vital. This includes looking into the truck's event data recorder (black box) for details about the actions made or not made by the trucker prior to the accident took place. A lawyer should be present as soon as they can to speak with witnesses, take photos and document any damage that has been done to vehicles or property. In certain cases, it's necessary to reconstruct 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 information. A skilled personal injury attorney is able to analyze this information, and to link it to other data, like traffic records and the driver's DOT certifications. Trial In the event that a non-court settlement is not possible truck accident victims have the option to pursue a lawsuit in court. A New York truck accident lawyer will ensure that the victim's rights are safeguarded and that all compensation is recovered. A judge and/or jury will then assess the resulting damages from the crash, such as medical bills and lost wages, as well as the cost of suffering and property damage. To prove negligence, the defendant has to be found guilty. To establish negligence the plaintiff must demonstrate that the defendant violated a legal duty (e.g. the truck driver's duty to obey traffic laws, or an employer's obligation to properly train employees) and that this breach directly caused the accident and injuries. This is a highly fact-specific analysis that can be difficult. An experienced attorney can help you gather evidence that can be used to create an argument that is strong. The jury will listen to expert witnesses testify about the causes and effects of crashes. The jury will decide then how each party is responsible to be responsible for the damage caused by the crash. Compensatory damages are meant to reimburse the victim for their losses, whereas punitive damages are intended to punish the responsible party and deter similar behavior. Following an accident, those who were injured might be approached by aggressive lawyers who represent the insurance company of the party at the fault. These lawyers are frequently “wolves in sheep's clothing” and they will attempt to get you to say things that can be misinterpreted and used to undermine your case. A lawyer who is experienced will shield you from such tactics and make sure that the words you speak about don't hurt your case. A New York truck accident attorney can also assist you in finding evidence that supports your claim. These can include phone records showing if the trucker was in contact with the phone at the time of the accident, computer data on the truck and any fax messages regarding the logistics and shipments. Additionally lawyers can get images or video footage of the scene as well as other relevant information. Look for a lawyer who has handled complex truck accident cases and has connections with reputable experts. Statute of Limitations The statute of limitations is a legal term used to refer to the amount of time a victim must make a claim or lawsuit following a crash. This is governed by the laws of the state and can differ depending on the type of case. In general, it could take several years to conclude the litigation process and get compensation from a court. If a person injured in a collision with a truck waits too long to start pursuing their claim, the statute of limitations could expire before they've gathered enough evidence to establish a solid case against negligent parties. To help ensure that they have the time needed to build a solid case, victims should consult with an experienced NYC truck accident attorney as soon as they can after the accident. A New York truck accident attorney can examine the documents of trucking firms including driver logbooks, driver's logbooks, and other relevant documents in order to look for evidence of reckless or negligent behavior. mobile truck accident law firm can also collaborate with highly regarded experts to help determine the root of the accident and determine the total amount of damages the victim has suffered. Vicarious liability laws could make trucking companies and their employees, like supervisors and human resource professionals, at-fault if it is determined that they knowingly allowed an unsafe or incompetent trucker to be on the road. This is especially true when the trucker has a history of multiple incidents or a record of violations and is not being disciplined by their employer. It's not always feasible for a lawyer the parties responsible, but the more parties a lawyer can hold responsible, the better the chances are of negotiating a fair and full settlement. In certain situations it's possible to find multiple defendants that are liable for various aspects of a claim under the doctrine of joint and various liability. Certain states have their own laws that allow for changes to or shorten the statute of limitations applicable to a particular case. For instance, certain cases involving children could be governed by laws that pause the clock until the person has reached the age of 18. Some injuries may not show up immediately. It is essential that victims follow their doctor's advice and attend all appointments in order to be properly diagnosed and treated.