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If you have any questions about how to handle a trucking case, truck accident lawsuits, or if you have been injured in a truck accident, contact our tractor trailer attorneys. Our lawyers — based in Atlanta, Georgia — specialize in motor carrier law.
Rogers and Goldberg, L.L.C.
3423 Piedmont Road N.E.
Suite 510
Atlanta, Georgia 30305
Phone: (866) 390-5516
Fax: (404) 846-5591
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Tractor Trailer Accident Attorneys Serving Atlanta, Georgia — How to Handle a Trucking Case
At Rogers and Goldberg, our tractor trailer accident lawyers specialize in truck collisions. Our attorneys, based in Atlanta, Georgia, are widely considered to be among the top truck accident lawyers in the country. In 2003, we put our knowledge and experience into practice and published Understanding Motor Carrier Claims, a comprehensive resource for attorneys who litigate truck accident lawsuits.
All too often, tractor trailer accident lawyers make the mistake of treating a motor carrier claim like a typical automobile accident claim. Below is a summary of our book's eighth chapter, "How to Handle a Trucking Case." We hope the information helps lawyers avoid this pitfall and provides insight into how a trucking case should be presented. If you have any additional questions or if you would like to schedule a consultation, contact our tractor trailer accident attorneys today. Our lawyers — serving, Atlanta, Macon, and victims statewide — can help you maximize your claim.
Previous chapter << VII. Insurance Coverage
The Trucking Claims Checklist
VIII. How to Handle a Trucking Case
A. Accident Investigation
The first step in properly handling a trucking case is to retain an accident reconstructionist to investigate the accident scene, photograph and document the physical evidence, and discover as much information as possible from the investigating officers. Skid marks and other physical evidence begin to fade and disappear within days after the accident depending on the weather conditions. If tractor trailer accident attorneys can retain a qualified reconstructionist and have him at the scene within 48 hours of an accident, you'll have a strong likelihood of being able to independently document skid mark lengths and measurements and other physical evidence. After this time period has expired, the reconstructionist will have to rely on the painted marks left at the scene by the investigating officers and the measurements obtained during their investigation as a basis for estimating speeds and movements of vehicles. Tractor trailer accident lawyers should make every attempt to have a reconstructionist examine the accident scene as soon as possible.
When a commercial vehicle is involved in a serious accident, the Department of Transportation (DOT), Public Service Commission (PSC), or Federal Highway Administration (FHWA) will usually conduct a post-accident inspection of the tractor and trailer. This inspection will document any problems with the unit, especially any problems with the braking system or tires. However, the purpose of the governmental post-accident inspection is to determine the extent of any mechanical problems with the vehicle and decide whether or not to place it out-of-service. The safety inspector is not trying to determine the cause of the accident. In order to further understand the cause of the accident, the tractor trailer accident attorney's reconstructionist, or a separate trucking expert depending on the reconstructionist's qualifications, will need to inspect the vehicles involved in the accident and document the results of his inspection.
B. Preservation of Evidence
Tractor trailer accident lawyers should send a spoliation letter to the trucking company and its insurer listing all documents and physical evidence to be preserved and maintained after the accident. The letter must state that the company keep all documents related to the unit and driver for the one-year period prior to the accident and outline the importance of these documents to your client's cause of action. It is crucial in cases alleging a manufacturing defect that the rear guard, tow bar, or other allegedly defective parts are kept and maintained. Tractor trailer accident attorneys should also request that the company remove the electronic control module ("ECM") from the tractor and preserve it for later examination. The ECM controls the systems on the tractor unit, and electronically records data concerning the operation of the tractor including speeds, brake system operations, and engine controls. This information can be downloaded by the manufacturer and could be vital in determining the mechanical condition and performance of the unit at the time of the accident. Manufacturers began routinely using electronically controlled systems on tractors starting in the mid-1990's, and most units currently on the road have an ECM. In addition to sending a spoliation letter, tractor trailer accident lawyers should contact the appropriate state agency to obtain copies of any filings and certificates concerning the trucking company.
C. The Complaint
Before filing the complaint against the trucking company, tractor trailer accident attorneys should analyze the possibility of also bringing a products liability action against the manufacturer of the tractor, trailer, or any component part within the unit. They should analyze the viability of a claim against the broker or shipper and the possibility of bringing an action against the insurance company for negligent hiring of the driver if a small trucking company is involved. If your jurisdiction has a direct action statute, you should name the insurer as a party defendant in addition to the trucking company. Tractor trailer accident lawyers should include in their complaint all applicable theories of liability including:
- Negligent hiring, entrustment, or retention
- Negligent inspection, maintenance, or repairs
- Violations of the FMCSR
- Driver fatigue
- Punitive damages
D. Discovery
During the course of discovery, tractor trailer accident attorneys should serve requests for the following documents:
- Driver's qualification file
- Driver's logs for at least the eight-day period preceding the accident
- Daily inspection reports for the three-month period preceding the accident
- Annual inspection report covering the date of the accident
- Inspection, maintenance and repair records for the one-year period preceding the accident and the six-month period subsequent to the accident
- Printouts or data from onboard recording devices
- Downloadable data from the ECM
- Post-accident drug and alcohol tests
- Accident register for the time period preceding the accident
- Bills of lading, weight tickets, hotel receipts, and similar documents for the eight-day period preceding the accident
- Policy and procedure manuals
- Training documents
Tractor trailer accident lawyers should take the deposition of the safety director, who is the person designated by the trucking company to be in charge of its safety program. The safety director should be questioned at length about the company's hiring criteria in general and as it applies to the driver involved in the accident, the company's safety records, its safety policies and procedures and its methods of monitoring its drivers.
E. Trucking Experts
In pursuing a tractor trailer accident lawsuit, you, the attorney, will inevitably need at least one trucking expert to assist you in prosecuting your case. The key is determining the issues presented by the facts of your case, and then retaining the most qualified expert on each issue. At bare minimum, you will need an accident reconstructionist to help you recreate the accident and the speeds and movements of the vehicles. Also, expect to retain a trucking expert for issues of conspicuity, mechanical failures, defective parts, driver fatigue, negligent hiring and retention, and compliance with federal regulations.
Download full chapter: VIII. How to Handle a Trucking Case
The Trucking Claims Checklist
Contact Our Tractor Trailer Accident Lawyers — Based in Atlanta
If you have any questions as to how to handle a trucking case or if you have been injured in a motor carrier collision and are seeking expert legal representation, contact our tractor trailer accident attorneys today. The lawyers at our Atlanta, Georgia office specialize in truck accidents and can help you maximize your claim. We have won millions of dollars in verdicts and settlements on behalf of our clients. We can help you.