Many injured people and even general practice lawyers mistakenly assume that semi-truck accident cases are just like any car accident case and can be handled the same way. This is completely
WRONG!! To maximize the recovery or
truck accident settlement in a tractor-trailer crash, you need to choose a specialist. We are able to maximize the value of our client's cases in several ways:
- We conduct extensive investigation of the truck and driver just after the wreck;
- We have a thorough understanding of the Federal Motor Carrier Safety Regulations and focus our case on the truck driver and the company's violations of those regulations;
- We use our firm's deep pockets to employ the latest technology to illustrate our client's injuries.
Investigation After The 18-Wheeler Crash
When handling a truck accident case, the most important aspect initially is proving how the wreck occurred. Showing that the truck company and the driver violated numerous safety regulations does not matter if we cannot prove that those violations had anything to do with how the collision occurred. Thus, we have to learn every detail of the moments leading up to the accident. We do this in a variety of ways.
The Crash Report
First, we obtain the crash report. Generally, truck accident crashes are investigated by the Highway Patrol as these wrecks often occur on the Interstates. Once we obtain the crash report, we have our investigators contact all parties involved to obtain a statement. This includes any witnesses, the responding police officers, and even the truck driver.
The ECM Download
The next thing we will do as soon as we get involved is contact the insurance carrier and make arrangements to download the data from the truck's ECM (Electronic Control Module) box. Like airplanes, most tractor-trailer semi-trucks have an ECM or "black-box" which records all of the trucks activity in the minutes before the crash. For instance, we can tell how fast the truck driver was going, whether he ever hit the brakes, and the driver's average speed. This information can often provide gold as the data does not lie. However, the ECM will record over the crash data if it is not immediately downloaded. For this reason, the truck companies try to get the trucks back into service before you retain a lawyer who knows to ask for this.
The Truck Inspection
In conjunction with the ECM Download, we will also have our truck expert conduct a thorough investigation of the truck. Not only will we go through the truck itself (in the past we have found energy pills and other prohibited items in the truck), but we will inspect the brake pads, linings, rotors, etc. Most semi-truck accidents are caused when the truck hits the car from the rear. Because of the size and weight of these trucks, it is extremely important for them to have properly working brakes. Unfortunately, this is not often the case and the reason why we see so many rear-end truck accident collisions. Again, if we do not get to the truck immediately after the wreck, this evidence will often be destroyed (meaning they will change the brakes!).
Using the Federal Motor Carrier Safety Regulations
Probably the most important aspect to properly handling a semi-truck accident is using the Federal Motor Carrier Safety Regulations. Before a lawyer can properly use them in a case, he has to have an intimate knowledge of them. The lawyers at our firm spend thousands of dollars each year to attend numerous seminars across the country which focus solely handling truck accident cases and incorporating the safety regulations.
Semi-truck drivers are
professional drivers. They should be held to a higher standard of care when driving their huge machines. How we prove they are held to a higher standard is to show the jurors all the Federal Safety Regulations that apply to the drivers and to the companies. Frankly, when we really start investigating, we find that almost every 18-wheeler truck crash is caused in whole or part by the driver, the company, or both violating one or more Federal Safety Regulations. More disturbing, we often find during depositions that neither the driver nor the company's safety director have a very good understanding of the Federal Safety Regulations they are required to obey.
It is by showing that wreck was not just a mere accident, but a culmination of various safety violations that we elevate these cases to a whole new level. By proving negligence, a jury can award compensation for your medical bills, lost wages, and pain and suffering. But by illustrating numerous violations of the Federal Safety Regulations, we can show the jury that the driver and company are dangers to the community and therefore ask for punitive damages as well. Or we can seek to maximize your truck accident settlement.
Using Technology To Illustrate Your Injuries
It costs a lot of money to properly put together a semi-truck accident case. Quite frankly, many semi-truck accident lawyers can't afford it. It is not uncommon for us to spend more than $100,000.00 on a single truck wreck case - of course we only do this when the recovery will justify that expenditure. Part of the costs is because, in today's world of CSI and Law and Order, juries absolutely demand technology in the courtroom if they are going to pay top dollar.
Many of our truck accident cases involve spinal injuries and herniated discs that result in surgery. Below is an example of a video we would use in conjunction with the surgeon's testimony to illustrate the full impact of our client's injuries to the jury.