When the driver or passengers of a car that has collided with a truck are injured, the truck driver as well as his/her employers (trucking company) can be found liable, depending on the circumstances of the accident and/or if investigations prove that there may have been negligence due to irresponsible behavior such as driving while fatigued, not maintaining the truck properly and adequately, etc. In some cases, there could be many different parties liable for the accident, for instance the driver was fatigued, the trucking company was forcing the driver to meet unreasonable delivery schedules, and the maintenance was not performed adequately by the local repair shop.
An experienced personal injury attorney would consider all the different aspects of the accident, for instance if the truck was leased, if the leasing company performed regular maintenance or if the maintenance was outsourced, what the repair shop licensed to perform such maintenance, did they use new parts for replacements or take short-cuts, who is the owner of the truck, is the truck driver an independent owner-operator, was the truck in another accident previously, was the driver in previous accidents or prone to accidents, or has medical conditions that limit him/her from driving, and other such factors. An experienced personal injury attorney would investigate the circumstances of the accident extensively until the cause of the accident is established and the contributory negligence is determined.
Here comes the insurance company. Lots of excuses, lots of tricks. All to avoid payout compensation to victims of accidents caused by the negligence of their clients.
First the insurance company will try to contact the injured victim and get close to him or her and try to establish trust. Then they go through a list of tricks they have up their sleeves to discredit the injured victims, even to go to their Facebook to use latest posts as evidence that there was no injuries as part of the accident and any current injuries are associated to other accidents or other events or activities. Insurance company do everything they can to avoid paying out compensation. Their profits depend on that and that alone.
Often insurance providers of trucking companies and owner-operator truck driver suggest, directly or indirectly, to avoid or delay the provision of data from the trucks black box. The black box is a device (similar to that which can be found on planes) that records a truck’s speed, braking distance, RPM levels, and other critical data that provide an evaluation of operating conditions of the truck and its driver (although still somewhat limited data). Insurance companies have been known to recommend that the truck driver or his/her company does not provide the data voluntarily, which could otherwise help with establishing the circumstances of the accident. This is somewhat underhanded and uncalled for. Establishing the facts of the accidents would only help the legal system rather than harm it.
If you have been in an accident, contact us today for a free, no-obligation consultation to discuss the specifics of your case. There is no fee for this consultation. In most cases, even when we take your case, representation is based on contingency payments – that is, if you don’t get paid, we don’t get paid. Mr. James Sellers is a highly professional truck accident attorney with 40+ years of experience dealing with personal injury claims and during which has been a very successful trial attorney. Call us and we will discuss the case and recommend a legal course of action that best fits your specific case.
Yes. There are Safety Regulations mandated by the Federal Motor Carrier Safety Administration (FMCSA), which regulate the number of hours a truck driver can drive continuously and within various periods of time (hours-of-service regulations), along with safety and maintenance requirements for trucks, tractors and trailers.
Unfortunately, it happens all the time. Overloaded trucks are heavy and require longer distances to stop. If loads are not secured, they may move around and cause the driver to lose control or the truck to overturn. Trucking companies sometimes break the rules for profitability and meating schedules and deadlines.
We work hard to protect your rights and get you the maximum compensation you deserve.