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.   Free 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.

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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