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Suffering
from injuries?
Truck Accidents:
Information You Need
Free Consultation for truck accident
victims
Call (800) 709-1123 - E-mail us,
or use our online consultation form.
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Consultations - (800) 709-1123 |
Motor vehicle collisions can result in some of the most catastrophic and devastating injuries and
consequences to individuals and their families. Each year in this country, there are approximately 5,000 fatalities as a result
of truck accidents.
You are not on an even playing field
with the opposition
If you or a family member
have been involved in a collision with a truck, most likely someone has been seriously
injured or killed. What might not be immediately apparent, however, is that you are not on
an even playing field with the opposition, which can have a big impact on your chances of
obtaining the fair and reasonable compensation you deserve. You are taking on big
business, big insurance, and big money on the other side.
Do not be fooled!
Investigators or claims
representatives for the trucking company will often try to create the appearance that they
are your friend, rather than your adversary. They do this by telling you that it was all
their fault or that they will "take care of everything" for you. When push comes
to shove, these statements will not bind the company or insurance company in
court. These strategies are designed to lull you into believing that these people have
your best interests at heart, and to keep you from seeking legal representation.
A fully loaded
tractor/trailer can weigh more than 125,000 lbs. The training, qualifications, and mental
and physical capabilities of the driver of that big rig, as well as the physical condition
of the tractor and trailer, all greatly affect safe operation. Suffice it to say that trucking in the United States is big business, but it can
also be a very dangerous business to others sharing the same roadway.
Investigate the qualifications of the
driver.
Proper qualifications and
adequate training of operators of commercial motor vehicles is extremely important in
assuring the safety of other motorists using the highways. Commercial motor vehicle
operators, however, are not always properly trained, and not always properly qualified by
the companies who hire them and who send them out onto the highways in control of their
massive pieces of equipment.
Investigate the record of the driver.
For example, right now in
Illinois there is an ongoing federal investigation into corruption at the Secretary of
State's office involving, in part, payment of bribes to Secretary of State employees for
the "purchase" of commercial drivers' licenses (CDLs). Numerous indictments have
been handed down and many of those indicted have pled guilty. It's not the well qualified
and competent commercial driver that is going to pay a bribe to get a CDL, but rather it's
those who can't otherwise pass the testing and qualifications that are getting their CDLs
illegally. Several of these operators who obtained their CDLs illegally have been involved
in catastrophic highway crashes, which has helped bring this scandal to light.
Drug Screening and Log Books
Another significant problem
in collisions is the use of drugs and alcohol by tractor trailer operators. Despite
regulations requiring drug screening, consumption of drugs and alcohol by commercial
vehicle operators continues to be a problem. Another issue affecting driver performance is
driver fatigue. Keep in mind, that time is money to trucking companies and many times a
driver must be in a certain city at a certain time, either to deliver or to pick up a
load, in spite of weather conditions or other obstacles. This, among other things, has
lead to what some in the trucking industry believe is the prevalent practice by drivers of
falsifying their log books.
Investigate the maintenance records
Another issue affecting
trucking safety is the state of maintenance and repair of the tractor and trailer. In a
recent study by the Department of Transportation, out of 42,000 rigs that were randomly
stopped by DOT officials, 11,000 of those rigs (26%) were found to have had safety
violations serious enough to require that the vehicle be placed out of service until the
violation(s) were fixed.
Who is really liable?
Figuring out all of the
legally responsible parties can be tricky; close isn't good enough. Because of the
complexities in the legal arrangements used by owners and operators (some designed
to attempt to avoid liability) it can take many months of litigation involving a review of
leases, trip leases, contractor agreements, shipping agreements, bills of lading, and
other trucking documents, as well as review of State and Federal DOT regulations, and
insurance coverages, plus taking depositions of key witnesses, just to figure out all of
the parties that need to be sued and properly made defendants in any lawsuit arising from
truck accidents. It takes a lawyer who is experienced in handling cases against trucking
companies just to sort out the correct parties that must be sued.
Know the regulations
Unlike the rules of the road,
with which most of us who drive a car are reasonably familiar, there are hundreds of State
and Federal Department of Transportation Regulations that govern the ownership, operation,
repair, maintenance, and use of a commercial motor vehicle. A lawyer must be familiar with
these regulations in order to successfully prosecute a case against a trucking company.
You can bet the lawyers for the trucking companies know these regulations forwards and
backwards.
Obtain important documents
Another important aspect of
trucking cases is searching for and obtaining important documents held by your
adversaries. A lawyer must first understand what documents to look for and where to look
for the documents, and then use proper subpoenas and document requests to obtain those
documents early on in the case, or use other measures to preserve these documents.
Otherwise, you can bet that these documents will be disposed of, which then becomes your
problem, because you may need some of these documents to help prove your case.
We hope that this brief
discussion has given you some insight into some of the complexities involved in trucking
accident cases. Most importantly, if you or a loved one has been involved in a truck
crash, you need a law firm that is experienced in litigating trucking cases. Whether it is
our firm or another lawyer, find someone who is qualified to handle this type of complex
case and provide you with the level of legal representation you deserve.
Some deadlines will prevent you from
starting a lawsuit.
As with any personal injury claim there are
important deadlines. We talk with many people every year who don't get the money they
deserve because they waited too long to contact a lawyer. Statutes of limitation apply in
all personal injury and wrongful death claims which limit the time you have to file a
lawsuit on your claim. If you let the statute of limitations expire before a lawsuit is
filed, you will lose all rights to prosecute your claim, and accordingly all hope of
obtaining compensation from the party(s) who caused your injuries.
You have nothing to
lose and much to gain by contacting us
for a free legal consultation.
Simply fill out our online case information form.
Call Today!
(847) 577-1123
Free Consultations
You may contact us by telephone toll free at (800) 709-1123
Use our online consultation form or by e-mail.
R. F. Wittmeyer, Ltd.
1635 N. Arlington Heights Rd., Suite 104
Arlington Heights, Illinois 60004
(847) 577-1123
Fax (847) 577-2827
E-mail: rfw@injurylawattys.com

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