Article provided by Caravona & Czack, P.L.L.
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Everyone agrees that the trucking industry is highly important to our economy. However, almost fifteen percent (15%) of all traffic fatalities involve a tractor-trailer.
Trying to compare an interstate truck accident with an accident between two cars is like comparing night to day. Failing to understand the difference can result in even more pain and losses for the victims of truck crashes.
Rules and regulations controlling interstate truck crashes can be found in the Federal Motor Carrier Safety Regulations (FMCSR). The purpose of the FMCSR is to protect the traveling public by establishing safety regulations and guidelines that must be followed by commercial motor vehicle carriers.
By their very nature, truck crashes can be personally devastating to the victim and complicated to figure out. These cases involve ever-changing technology, potentially mind-bending insurance coverage issues and a myriad of both federal and state rules and regulations that most attorneys have never dealt with before.
It is essential for the truck crash victim and his or her family to understand that the trucking company involved has one interest - protecting themselves. Each training company and its insurance carrier has an "accident protocol" to follow after a catastrophic crash. Their team of investigators are dispatched to a crash scene immediately. There, they gather all of the electronic data (onboard computer, black box, satellite communication systems, cell phones, etc.) human data (witness statements and police information) and written data (log books, safety records, maintenance records, etc.) as quickly as possible to protect their own interests. Some of these materials may be lost forever if the victim does not hire an attorney who has the knowledge, resources and skill to act aggressively and immediately to preserve the evidence. The retention and preservation of much of this data is governed by the FMCSR which the trucking company understands and uses to its advantage.
Conversely, while the "crash investigative team" is gathering their evidence, the "legal defense team" is likely already analyzing the case and preparing a defense. Finally, a team of claims professionals are also hard at work behind the scenes. Their goal is to control the situation with the victim and his or her family in hopes of settling the claim for an amount that is good for the company, but never analyzed for the victim by a professional.
In a serious truck crash, the victim and his or her family must act to retain an experienced, aggressive truck attorney as soon as possible.
