Evidence should be obtained immediately in accident involving trucks
Car and motorcycle accidents involving trucks require time, energy, resources and a sound knowledge of the trucking industry and products liability. An experienced plaintiff’s attorney will already have familiarity with the Federal Motor Carrier Safety Regulations (FMCSR) which govern all vehicles engaged in interstate traffic. But collecting evidence in a timely manner to corroborate defendant’s negligence is vital to plaintiff’s cause.
Lawyers place drivers, truck owners and insurance companies on notice for investigation of collision
Often, the first act made by an experienced plaintiff’s attorney after agreeing to represent the Plaintiff, is to locate the vehicles and put all parties, including insurance carriers, on notice to refrain from moving and/or repairing vehicles before an investigation can be conducted. Logbooks, employment records and company policy manuals will be requested and thoroughly examined by plaintiff’s lawyer.
Private investigators are involved immediately
Meanwhile, an experienced investigator will interview witnesses and get statements on the record before memories diminish or fail altogether. The attorney’s PI will red-flag any pertinent company or driver information and use his or her expertise to research driving records, driver’s license history, and pan for any additional information such as potential criminal history and/or credit concerns belonging to the driver or his employer.
Accident reconstruction experts re-create accident using physical evidence
Forensic experts in accident reconstruction may be hired to download data from the trucks event data recorder, reconstruct the accident, photograph the scene under similar lighting conditions and write a detailed report. The forensic report will be submitted as evidence and the expert’s testimony will likely be given in deposition or before a jury.
Motorcyclists injured or killed by a semi
In cases involving motorcycles, lawyers representing the defendant insurance company’s interests often use the defense that the motorcycle driver’s profile was too small to be seen, affecting the driver’s ability to be aware of the cyclist’s existence and proximity. However, most cycling apparel manufacturers sew a reflecting material or threads into their garments for the safety and protection of riders. The fact that a cyclist may have purchased specialized clothing can be used to illustrate that claimant was a responsible and safety-conscious rider. And in an effort to disrupt jurist’s possible negative perceptions about cyclists as “risk-takers”, plaintiff’s attorney will obtain rider’s clothing, if available, to be used as evidence verifying rider’s safety conscious consideration.
Experienced trucking accident attorneys intercede immediately into the investigation
Plainly, time is a central factor in an investigation involving trucking, 18-wheeler and semi-tractor trailer accidents. Charlie Ward is a personal injury attorney experienced in accident litigation and wrongful death claims for families whose loved ones were fatally injured in motorcycle, auto and trucking accidents. If you or a loved one has been injured by the negligence of a truck driver, manufacturer or trucking company, call Charlie today at 317-639-9501 to discuss your accident and receive a free analysis of your claim. The law office of Ward & Ward receives no legal fees or expenses unless we collect on your behalf.
By Charlie Ward