The high price of gas and other "squeezes" on trucking company profits, the likelihood that you will encounter a driver operating his rig in violation of Federal Motor Carrier Safety Regulations, is on the increase. If you have been involved in a motor vehicle accident involving a large commercial truck you need to know the following:
- The law firms working with braininjury.com have obtained juries and verdicts in the millions of dollars involving negligent driving of commercial trucks and vehicles.
- One of the most common causes of trucking catastrophes are a sleepy or tired drivers. The driver's logs and other trucking company information has to be obtained immediately from the trucking company, in order to determine if "over-driving" (driving in excess of what is allowed, causing fatigue) has occurred.
- Trucking companies and truck drivers are required to keep their logs and other records for only six-months. A delay in demanding the preservation of these records in a given case can be damaging to the success of your case.
- Trucking accidents can be caused by negligent maintenance of the truck, often involving brakes or other mechanical problems. Again, maintenance records must only be preserved for six-months and must be obtained immediately.
- Many commercial vehicles are now guided by satellite GPS systems, which contain information not only about the hours driven on and off duty, but which have precise information regarding the speed and slowing rate, of the truck, prior to and during the accident itself. An attorney familiar with this complicated system needs to obtain these records, which are valuable in proving the negligence of the operating trucking company in a lawsuit. Unfortunately, the third-party companies providing the satellite tracking have been known to delete this important information within weeks of an accident. Again, demand for the preservation must be made to prevent this from happening.
- Unfortunately, an increasing number of truck drivers are utilizing illegal stimulants to allow them to drive long distances without fatigue. Trucking companies must follow strict FMCSR regulations on drug and alcohol testing of drivers who have been involved in accidents. Obtaining these records immediately is essential.
- If an individual involved in a trucking accident has even a moderate or mild brain injury, all aspects of the accident must be quickly and thoroughly investigated to see if the trucking company is completely or partially at fault for the accident.
- Remember, time is of the essence. When a serious trucking accident occurs, often in the middle of the night, the company and insurance experts are rushed to the scene. They will interview witnesses, take skid mark measurement, and do whatever they can to try to disprove negligence on the part of the trucking company. All of this can be taking place, without a representative or expert of your injured loved one being involved or working to save evidence. Immediate action is required.