Trucking Accidents
Time is of the essence. Evidence gets cold. Witnesses become unwilling to get involved.
Law enforcement will investigate the matter and file a report. But don't rely on the police to get it right. Sometimes the police miss important pieces of evidence or fail to interview eyewitnesses that can prove essential to your case.
If your claim involves a serious injury or wrongful death we will ensure that no stone is left unturned by thoroughly:
- Finding and interviewing witnesses, police officers, tow truck drivers, emergency medical personnel, doctors and nurses.
- Examining police reports, toxicology reports, doctor's reports of injuries, autopsy reports and other available records.
- Preserving the evidence by making sure vehicles and other physical evidence are inspected and photographed as soon after the accident as possible. It's also extremely important to document the scene of the crash as it existd at the time of the occurrence (construction, roadway signs, visibility obstructions.)
- Gathering any available black box or ECM (Engine Control Module) information from the semi truck to assess exactly what happened in the minutes and seconds before and after the crash. It may be necessary to file suit and serve written discovery requests immediately to preserve drivers logs and other evidence from destruction by the defendant trucking company.
- Obtaining any log books or GPS (Global Positioning System) data. This information may reveal that the driver illegally spent too many hours on the road. Most 18 wheeler interstate drivers are paid by the mile and not by the hour.
Once all of the information on a driver or company has been compiled, it is important to analyze it critically for discrepancies. Drivers may try to hide violations or the hours-of-service regulations (FMCSR Part 395) by falsifying log entries or under reporting mileage. Logs can be tested by comparing them to GPS data, pay records, fuel receipts and other evidence. Industry guides provide accurate estimates of most routes in the United States. The driver may have more than one log book. The driver may "free-lance," or work for more than one employer. It is good to compare all employment records in such a case.
Cases in which people are injured or killed because of truck-related collisions require vigourous and persistent preparation. These cases cannot be viewed as run-of-the-mill auto cases in which the law enforcement investigation is enough. Sufficient information to turn around the findings of the investigating officer may exist. Counsel must be prepared to dig it out.
To see selected case summaries of Blakeley & Ramey involving 18 wheeler accidents click the link below.Selected 18 Wheeler (FMCSA) and Truck Accidents