A truck accident can be devastating. The injuries are often severe and medical bills pile up quickly. In addition, the victim must deal with insurance companies.
In most cases, the truck driver is not the only party at fault. Other responsible parties can include the trucking company and/or truck manufacturer.
Recovering Damages
One of the first things your lawyer will do is collect all relevant evidence. For instance, commercial trucks over a certain weight are required to have black boxes, much like airplanes, that record information such as how fast the truck was traveling when it crashed.
Other types of valuable evidence your attorney will gather may include logbooks, inspection records, maintenance logs and driver qualifications. In addition, since truck accidents involve multiple defendants (truck driver, trucking company, parts manufacturer, shipper), identifying all potential defendants is a vital part of determining who is responsible for your accident and injuries.
The next step is to document all of your economic damages. This includes monies for medical bills, future expenses such as lost earnings, and pain and suffering. Your attorney will work with a team of professionals who can help determine the full value of your losses. In the case of wrongful death, compensation may also be awarded for funeral costs and loss of companionship.
Identifying the At-Fault Party
Truck accidents are complicated and involve more than just two parties. There are various federal regulations, guidelines and procedures that can be involved in a case involving trucks. A skilled truck accident attorney can help ensure that all relevant information is collected and preserved.
A truck accident attorney can identify the parties that may be liable for your injuries. This can include the truck driver, the truck company, a parts manufacturer, or the shipping company that commissioned the load. A thorough investigation of the accident scene and a review of the evidence will reveal any negligence on the part of a party that contributed to the crash.
A truck accident lawyer can prove negligence by demonstrating that the driver breached their duty of care. This is done by proving that the driver’s behavior was unreasonable and caused you or your loved one to suffer injuries and losses. The lawyer can also demonstrate that you suffered economic and non-economic damages as a result of the accident.
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Obtaining Expert Witnesses
A truck accident case requires a thorough investigation. This includes a review of police reports, data from the truck’s black box, eyewitness statements and expert testimony. It also involves identifying all potentially liable parties. For example, if a part on the truck failed during transport and caused an accident, the manufacturer of the part might bear some liability.
It is important for your NYC truck accident attorney to understand all of the unique aspects of truck accidents. This includes trucking regulations, industry standards, and best practices. This knowledge is critical to establishing the breach of duty that caused the accident.
Your NYC truck accident lawyer will work with a team of experts to demonstrate your losses. This may include economists, accountants, life care planners, and medical professionals to help you account for your economic and non-economic damages. These damages may include any loss of earnings, medical bills, property damage and pain and suffering. You are entitled to these damages if the defendant breached their duty of care.
Negotiating With the Insurance Company
Insurance companies in truck accident cases are often much more motivated to keep settlement amounts low than they are in regular car accident cases. An experienced NYC truck accident lawyer understands this and will fight to ensure that you receive the maximum possible compensation.
A good attorney will prepare a detailed demand letter outlining the damages you have incurred as a result of the crash. This will serve as the starting point for negotiations.
An experienced and knowledgeable NYC truck accident lawyer will carefully review all of the evidence in your case, interview eyewitnesses, and negotiate with the insurance company to get you a fair settlement while you focus on recovering or taking care of a loved one who has been injured in a crash. Your attorney will also have access to a tried and tested team of accident recreation experts who can recreate the crash, analyze evidence and find out why it occurred. This is crucial to winning your case.
