Representing victims of tractor-trailer wrecks presents a challenge and
complexity not experienced in other types of wrecks. The
catastrophic injuries caused by these wrecks are reason enough to make
tractor-trailer wrecks different, but there's even more to trap the
unwary.A tractor-trailer wreck that involves a motor carrier regulated
by the Department of Transportation has built in protection for an injured
consumer. The only problem is that the carriers won't tell you this.
They won't disclose that they have excess insurance policies above and
beyond the primary policy without your having to file suit.
They won't tell you that the driver of the DOT regulated vehicle is
their statutory employee, regardless of the fact the driver might be an
owner-operator and might have a contractual agreement with the regulated
company which refers to the driver as an owner-operator. They won't
tell you they are responsible for the actions of that driver as long
as the driver acted within the scope of that statutory employment.
They won't tell you they have valued your claim at "5x" to "10x" while
they offer you "x" for a full release of your right to sue.
Before sorting out all the experts that will be needed to prove the
catastrophic injuries, experts should be consulted regarding liability.
A reconstruction expert should be called while evidence still is fresh -
reliance on old evidence can disqualify an otherwise good expert and keep
out of evidence the video reconstruction that helps the jury follow your
theory of liability.
Satellite GPS records and electronic control modules need to be
identified and read before they are destroyed - usually within 90 days as
a standard operating procedure for most companies.
In almost every 18 wheeler case negligent supervision, negligent hiring
and negligent retention should be pled, as these facts usually are borne
out through discovery all the way up to trial.
The driver's driver qualification file, logs and driving record should
be reviewed and then depositions should be taken of the trucking company's
safety director, corporate representative, relevant dispatcher and others
having knowledge of the wreck.
The condition of the tractor-trailer and its brakes should be
considered. Trucks are often poorly maintained and driven by truckers with serious
safety deficiencies. An alarming number of these drivers are fatigued,
under the influence of drugs or medically disqualified to drive a truck.
We have handled claims against Watkins & Shepard Trucking, Inc.,
Cal-Ark International, Inc., USA Motor Express, J&P Trucking, Autobahn
Freightliners LTD, National Bus Carriers LTD, Weston Transport, Woody
Bogler Trucking, USA Truck, Inc., Landstar Ranger, Inc., Graham Trucking,
Inc., Stuart Small Trucking, Star Transportation, Inc., A&J
Transportation, West Florida Transport, Clarksville Refrigerated, D&H
Trucking, Werner Enterprises, All American Bottling Corporation, LLC,
Callaway Transfer and Storage, PSM, Inc., Gail Stuart Trucking, Inc.,
Willis Shaw Express, Inc.,
Paccar, Inc., Central Hauling Company, J.L. Trucking, Jacobson Transport
Company, Inc., Strimbu Transport, Inc., Lance Trucking, LLC and Roadway
Express.
There's a lot of work to be done, and it takes a lot of personnel and
dollars to do it. Law Offices of Gary Green has been there before.
Call us if we can help.
Click here to learn how
Prompt Litigation and Discovery Can Make a Difference in Motor Carrier
Litigation.
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