Our Lawyers Hold Trucking Companies Responsible
What makes 18-wheeler truck accidents so deadly?
When there's a truck accident that leaves someone injured, many times it was caused by the driver's negligence. But in some cases, the trucking company that employs the driver may also have been negligent. The truck accident lawyers at Tracey Fox & Walters can take action to hold negligent trucking companies responsible.
Trucking companies deal with accidents all the time and know how to protect themselves from legal action. Investigators from trucking companies and insurance companies are often on the scene of a truck accident soon after it happens. But their investigation is pretty one-sided. They're not thinking about what's best for you. They are looking for ways to avoid liability.
We have our own investigators. They look for evidence that shows what really happened. This includes signs of driver negligence or trucking company negligence. Our firm has a lot of experience with truck accident cases and with investigating trucking companies.
That's why it's important to contact an attorney as soon as possible if you've been injured in a truck accident. If you wait, that could give the trucking company and insurance company an advantage. For example, if we act quickly, we will seek to preserve data from the truck's electronic control module (ECM) before it is erased or overwritten. There may also be other evidence from the scene that gets lost or destroyed.
When we find evidence a trucking company was negligent, we can take action to hold them responsible and help you recover the financial compensation you are owed. This can include compensation for current and future medical expenses, lost wages, lost earning ability, pain and suffering and other damages. And you don't owe us a penny unless we win.
If you've been hurt in a truck accident, take steps to protect your rights. Contact us to schedule a free case evaluation.
There are a few ways a trucking company's negligence could result in an accident. One is the improper maintenance of their trucks. Some companies may try to save money by skipping regular maintenance or delaying needed repairs. They could have sent a truck out on the road that was not safe to drive.
Another example of negligence involves hiring responsible, licensed truck drivers. It is the responsibility of a trucking company to hire drivers that are licensed, qualified and responsible. A company is negligent if it knowingly hired a driver who was unqualified, had a poor driving record or had a history of drug or alcohol use.
A company can also be negligent by not complying with federal regulations. For example, the Federal Motor Carrier Safety Administration (FMCSA) sets a limit on the number of hours a driver can spend on the road. But a company may give a driver a deadline that can't be met without going over that limit.
We will seek to get access to the truck driver's qualification file (DQF) that all trucking companies are required to keep. It should include the driver's employment application, proof of qualifications, background check information, records of any moving violations and results of alcohol and drug tests. This document can provide evidence of negligent hiring.
Other records we'll seek are the truck's maintenance records. We'll look for evidence that regular maintenance and needed repairs were performed. An accident reconstruction expert may be able to determine if neglecting these responsibilities played a role.
Our attorneys will also make sure that the company followed all FMCSA guidelines. For example, a drowsy driver in a truck accident may have exceeded the limit on hours of service. But that could be because the driver was given an unrealistic schedule by the employer.