Truck accident cases often involve several different parties. The driver of the truck is a common defendant because they are considered employees acting on behalf of their employer. However, the company may also be liable if they encourage drivers to work too many hours in violation of federal regulations or fail to properly secure cargo.
The financial burden of a serious truck accident can be overwhelming, especially if you’re unable to work or have incurred long-term medical costs. Unfortunately, insurance companies often try to settle cases quickly and offer low settlements that do not fully cover these costs. An experienced attorney at Baltimore Trucking Accident Lawyer can ensure you’re fairly compensated for your damages.
Your lawyer will collect any relevant evidence to build your case, including police reports, witness statements and medical documentation. They will also consult with expert witnesses if necessary to help prove fault and the value of your injuries. They may also use forensic engineering and economic analysis to determine the true value of your damages.
A skilled trucking accident lawyer can help you recover compensation for all your losses related to the crash, from medical expenses and lost wages to non-economic damages like pain and suffering. This can include transportation costs to and from doctor’s appointments, medical supplies, hiring help with household chores you can no longer do, and home modifications needed to accommodate your injuries. It is also important to consider future medical expenses, as well as any loss of enjoyment of life that can result from your injury.
In addition, your attorney will help you recover compensation for any property damage caused by the accident. This might include your vehicle, clothing and accessories, and any other items that were harmed in the collision. Your lawyer will work to get you the full amount for these items, as well as a fair replacement cost if your car is totaled in the crash.
In some cases, it is possible to recover punitive damages from the liable party in your lawsuit. These are intended to punish the defendant and discourage similar conduct by others. Your lawyer can advise you if punitive damages are an option in your case. For example, they might be appropriate if the truck driver was under the influence of drugs or alcohol, or if the trucking company knowingly hired a reckless or dangerous driver. They can also be awarded if the trucker’s actions were particularly severe or egregious.
Gathering Evidence
Unlike car accidents, truck accident cases typically require extensive investigation. This includes obtaining surveillance video, interviewing eyewitnesses, hiring an accident reconstruction specialist, and examining all available evidence at the scene of the crash. It also involves determining which parties are responsible for the accident based on federal regulations and employment relationships. For example, if the truck driver was not following their employer’s rules regarding hours of service or commercial vehicle maintenance, they could be held liable for the accident.
Another consideration is that truck accidents often involve multiple vehicles and can lead to complex chains of collisions. In these types of crashes, it is important to identify all the involved vehicles and their drivers to ensure that all victims are compensated.
A lawyer can help determine which vehicles and individuals were at fault by conducting a thorough investigation. This may include analyzing the accident scene, talking to witnesses, reviewing police reports, and obtaining the truck driver’s maintenance and inspection logs. The attorney can also work with medical experts to assess the extent of injuries and damages. This can help to demonstrate the victim’s losses and their monetary value.
If the accident was caused by a manufacturing flaw, a lawyer can file a product liability lawsuit against the truck manufacturer. They can also file a negligence claim against the trucking company or its mechanics if they did not properly inspect or maintain the truck. This can include a failure to properly load the cargo or secure it adequately, which can cause dangerous materials to spill onto the road.
Lastly, an experienced attorney can work with financial and employment experts to calculate the total value of a victim’s losses. This can include a doctor’s estimated cost for future treatment, lost wages from time missed at work, and other expenses. A New York truck accident attorney can help to ensure that all damages are accounted for and awarded appropriately.
When a truck accident occurs, the victims can suffer catastrophic and often fatal injuries. It is vital for them to contact a New York truck accident lawyer as soon as possible to protect their legal rights.
Liaising with Expert Witnesses
In civil cases, expert evidence is often crucial. Fingerprint analysis, DNA testing, forensic firearm examination and expert accident reconstruction are common examples of the type of expert testimony used in court today. Financial experts are also frequently hired to calculate damages in long and complex cases involving intellectual property, medical negligence and wrongful death claims. Similarly, expert computer forensics experts are often called upon to verify details about electronic evidence in cases where it is being presented as a critical piece of the case.
Trucking accidents tend to be more complicated than car accidents, often involving several liable parties and specialized rules that differ from those governing standard passenger vehicles. Our Manhattan trucking accident lawyers have extensive experience representing victims of these crashes, and we know how to investigate the details and build a strong case to recover fair compensation.
Once we have gathered the necessary information, our lawyers will then hire the best available expert witnesses to provide the required testimony. We consider the expert’s qualifications, reputation and track record in similar cases before hiring them to work on your case. We also assess whether they have the communication skills to stand up to cross-examination by opposing counsel.
An expert witness’s testimony can make or break your case, so it is important to hire a knowledgeable and experienced attorney who has the right connections to find the most qualified and credible expert in the field of your accident. The best experts have advanced degrees in their fields, are recognized by their peers and possess the experience necessary to support your case.
Once our attorneys have established that your claim meets the minimum legal requirements, they will send a demand letter to the at-fault party’s insurance company outlining the facts of the crash and requesting compensation for your injuries. They will take into account your future medical expenses, loss of income and other damages to ensure that they include all of the relevant details in their demand.
If the at-fault party refuses to offer you a fair settlement, our Manhattan truck accident lawyers will file a lawsuit on your behalf. The goal is to recover maximum compensation for your losses, so we will continue to fight for your rights until justice is served.
Negotiating with Insurance Companies
One of the most important aspects of a truck accident case is gathering and reviewing evidence to build a strong case. This includes obtaining the appropriate medical records, property damage repair estimates, photographs of the crash scene from multiple angles, contact information for any witnesses, and more. Then, your attorney will use this evidence to prepare for any negotiations or court proceedings ahead.
When insurance companies see that you have an experienced lawyer on your side, they will be less likely to try to lowball or deny your claim. They may also be more willing to settle out of court and avoid the risk of a trial. An experienced attorney can help you maximize your settlement by building a strong argument to support your claim, including demonstrating that the other parties involved in the crash were negligent and should be held accountable.
In addition to maximizing your monetary compensation, your truck accident attorney will make sure that you are adequately compensated for any non-monetary damages. These include pain and suffering, loss of quality of life, and more. An experienced attorney will be able to recognize all of the ways that the accident has affected your life so they can properly evaluate and document them.
Your lawyer will present your demand letter to the insurance company, along with any supporting documentation. They will then negotiate back and forth with the insurance adjuster to get you a fair settlement that covers your losses. In some cases, the insurance adjuster may begin by proposing an amount that is far too low, which is why it’s critical to have a skilled truck accident lawyer representing you.
Trucking accidents are complex matters, and there is often more than one party that could be liable for the crash. Your attorney will identify all of the liable parties and determine who should be responsible for your injuries and losses. They will then build a strong case that holds them accountable and ensures you receive adequate compensation to cover your expenses.