Investigating Truck Accidents
Our attorneys identify negligent parties and fight for compensation
The effects of a truck accident can be devastating. The injuries victims suffer are often life-changing, and treatment results in enormous medical expenses. These accidents are often caused by negligence. From texting while driving to speeding, all actions have consequences, and the negligent party must be held accountable.
If you or someone you know has been involved in a crash caused by driver or trucking company negligence, the attorneys at Fried Goldberg LLC in Atlanta understand the complexity of your situation and how to handle it. We can help you and your family decide if and when you should pursue legal action. You may be able to recover compensation for medical bills, missed wages and other damages.
Holding negligent truckers accountable
Truck drivers have a responsibility for the safety of their vehicle, as the sheer size of a commercial truck increases risk and danger in a collision. In cases of truck driver negligence, an attorney must prove that the driver was negligent and responsible for the crash.
In order to prove negligence, your attorney will provide evidence following these four elements: duty, breach of duty, causation and damages.
Duty
There must be a legal duty from one party to another. In case of truck accident negligence, there is an inherent duty for the truck driver to drive responsibly and within the law, and for the trucking company to maintain safe loading and maintenance practices.
Breach
There must be a breach of this legal duty by one party failing to act as described above.
Causation
It was the offender’s actions (or inactions) that caused the injury and/or damage to your property.
Damages
You were harmed or injured as a result of the offender’s actions.
Investigating truck accidents
The Federal Motor Carrier Safety Administration regulations mandate that every trucking company maintains a driver qualification file (DQF) on all drivers. For lawyers, this information is often a critical part of their truck accident investigation.
The following must be included in a DQF:
- Driving records, including accident history for both the driver and truck
- The driver’s employment history
- Road test results
- Drug and alcohol test results
- Records for service hours
- Training certificates
- Vehicle maintenance records
- Copies of licenses
- Records of annual reviews
- Any medical certifications
- Employment applications
- Personnel records
An experienced truck accident attorney can obtain a DQF for your potential case. Trucking companies are typically reluctant to hand over DQF files, especially if the files might contain information that could be a liability for the trucking company or their driver. In some cases, an attorney may need to get a subpoena, forcing the release of the document.
An experienced truck accident attorney will also ensure that the driver meets all the qualifications required to drive a commercial vehicle.
Commercial vehicle drivers must:
- Possess a valid commercial driver’s license
- Have passed a recognized driving test
- Be at least 21 years old
- Read and speak English
- Be able to safely operate a vehicle
- Be able to properly load and secure cargo
- Be in good health
- Possess a valid medical certificate
An experienced truck accident attorney will investigate a number of factors, including whether the driver had consumed drugs or alcohol, how much time the driver was on the road since his last break, information recorded by the truck’s black box (such as the truck’s speed when brakes were applied, velocity changes, sudden braking, changes in RPMs and gear shifts) and will gather information through a GPS device that can show the truck’s precise location and speed.
Having a skilled attorney at your side during this trying time can make all the difference for you and your family.
As your committed advocate, your attorney will:
- Work with an accident reconstruction expert
- Examine the truck or commercial vehicle
- Interview the truck driver
- Interview first responders
- Interview law enforcement from the scene
- Interview safety officers from the scene
- Interview witnesses and/or passengers
- Take and examine photos of the scene
Who’s liable in a truck accident case?
When a trucking accident occurs, other people closely involved are often found to be at fault. How the driver was hired, trained, the hours he or she was working, and the condition of the truck can all contribute to a crash, and each party can be held liable.
Additional parties that can be penalized may also include:
- the owner of the truck
- the person or company that loaded the truck’s cargo
- the person or company that leased the truck
- the manufacturer of the vehicle, tires or other parts.
It is not uncommon for trucking companies to try and avoid liability. They may claim the driver was not working for their company or that they don’t actually own the equipment, meaning they would not be responsible for the operation, maintenance, repairs or regular inspections of the truck or trailer. An experienced truck accident attorney knows how to work past these obstacles.
Common signs of negligence
When a trucking company is negligent, not only are they breaching their legal duty, but they are also putting countless motorists in serious danger.
Common signs of negligence on the part of the trucking company:
- Overlooking safety regulations by allowing trucks with faulty parts to operate
- Pressuring drivers to make unrealistic deadlines
- Inadequate driver training
- Utilizing drivers who are not equipped to safely handle an oversized vehicle
- Allowing trucks to be loaded improperly
When a truck driver acts negligently, the consequences can be traumatic and extremely costly. Operating a vehicle that can weigh up to 80,000 pounds makes it critical for the driver to use the utmost safety and caution. It is simply inexcusable when commercial vehicle drivers allow themselves to be distracted, irresponsible or even impaired.
Truck drivers who act negligently can cause traumatic and costly lawsuits. When a driver fails to act safely behind the wheel of a 40-ton vehicle, untold damage often follows. With long hours and relatively no time spent outside of a truck, many drivers can become prone to dangerous mistakes.
Common factors in truck driver negligence
- Fatigue – Truck drivers are under strict guidelines regulating hours of services and amount of sleep spent. Yet pressure to meet deadlines or a misjudgment can cause them to drive longer than what is considered safe.
- Alcohol and/or drugs – Operating a truck under the influence of alcohol, prescription or non-prescription drugs can lead to catastrophic consequences on the road.
- Speeding – Because trucks maneuver, accelerate and decelerate differently than cars, they are more difficult to control, especially at high speeds. This makes speeding behind the wheel of a truck an inexcusably negligent act.
- Dangerous lane changes – A truck’s size can often make changing lanes more challenging. Trucks require a much greater stopping distance than cars, which can pose a dangerous problem if one has changed lanes in front of you.
- Failure to check blind spots – The large number of blind spots a truck has may cause the driver to overlook you when changing lanes. Trucks have numerous mirrors for these blind spots but if the driver fails to check even just one, it could result in a dangerous lane change and possibly a collision.
Drivers found negligent can be held liable for your injuries and damages. If truck driver negligence can be connected to hiring, maintenance, delivery and deadline pressures from the trucking company, the trucking company can be found liable for negligence as well.
Contact an experienced truck accident lawyer
Trucking companies are often unyielding when protecting themselves against liability and will take every measure to refute claims, even if they are responsible for your pain and suffering. This is why it is invaluable to have an experienced truck accident attorney on your side who is well-versed in the legal process involving trucking companies.
At Fried Goldberg, we dedicate the majority of our practice to commercial vehicle and trucking accident litigation. Pursuing legal action can seem intimidating, but you need not worry when one of our attorneys is on your side.
To schedule a no-cost, no-obligation consultation, contact our firm today. Let us help you get justice so you can peacefully move on with your life.