Trucking Accident Lawyers

Highway safety is an issue of great concern to many Americans. With the number of semi-trailer trucks, highway tractors, tractor trailers, construction vehicles, and other freight hauling equipment (hereafter, trucks) on America's roads and highways increasing, accidents between automobiles and trucks are on the rise. In fact, recent data indicates that the American "truck fleet consists of 4.3 million single unit straight trucks and 1.6 million combinations. Of the 52,227 vehicles involved in fatal accidents in 1992, 3,957 (7.6 percent) were trucks with three of four being a combination. Of the 4,462 persons killed in crashes involving trucks, 85 percent were occupants of cars and light trucks."¹  Federal Highway Administration;  http://www.bts.gov/ntl/DOCS/cts.html, (March 1995). ) Additionally, the advent of the North Atlantic Free Trade Agreement (NAFTA) makes possible the addition of foreign trucks on American roadways, which are not held to the same safety standards as their American counterparts. This increases the possibility of accidents involving automobiles. Of further import is the inability of government to enforce safety regulations against every truck or driver on the road, increasing the possibility that the truck traveling alongside a car is not sufficiently safe for travel.

Despite the responsibility of truck drivers and companies operating trucks on roads and highways to operate their vehicles in a safe and responsible manner, thousands of people die or become severely injured in trucking accidents ever year. Unsafe driving is the most visible cause of accidents, but oversized and improperly packed loads also cause serious accidents. Improper, damaged, and worn equipment, such as balding tires, incompatible brakes, or broken lights, are additional factors in many trucking accidents.

The trucking industry is highly regulated by both federal and state law, with ‘standards of care’ outlined in the Federal Motor Carrier Safety Regulations. These regulations include rules related to the training of drivers (to help ensure proper operation of the vehicle), scheduling of loads to allow sufficient time for delivery (to prevent hurried driving); limits on the duration of driving time (to prevent exhaustion); pre-trip inspection of equipment including brakes, lighting, tires, and other safety-related mechanisms (to ensure roadworthiness); the requirement of using extreme caution when hazardous conditions adversely affect visibility or traction (i.e. - snow, fog, and rain); and prohibitions on driving when conditions become sufficiently dangerous. Despite these regulations, the goal of which is to ensure safety, the practical effect has been to increase the complexity of litigation related to issues of causation and liability. Due to this complexity, Mark L. Stuckey, LLC suggests that injured persons consider retaining the services of a qualified attorney to represent their interests.

In fact, litigation related to truck-related accidents is more complex than litigation related to accidents between automobiles. This complexity, due to the applicability of several laws and regulations, requires an understanding of convergent issues and an ability to manage matters involving multiple parties. Often parties that may be held liable for an accident include not only the driver, but the company for which the driver works and the insurance company representing the interests of that entity. In Georgia, the truck owner’s insurance company is directly liable for injuries sustained as a result of that owner’s negligence.

It is important to contact an attorney as soon as possible after an accident in order to preserve evidence, obtain or safeguard trucking company records, interview witnesses, and substantiate crucial, time-sensitive information. For example, trucking companies may destroy driver logs and other documentation after a legally-defined waiting period. This documentation may be the best source of information for establishing liability, the destruction of which may prove fatal to any claim. Failure to act promptly may result in the termination of your legal options.

If you are involved in an accident involving a truck, follow these simple rules. They will assist you in preserving your rights and in obtaining adequate compensation for your injury.

• File a police report.
• Obtain the names and contact information of all witnesses.
• Photograph the accident scene from multiple angles and distances. Photograph any injuries suffered by those persons involved in the accident.
• Maintain and preserve records that discuss the impact of the accident on your personal and professional life.
• Keep records of all expenditures related to and stemming from the accident.
• Inform your physician and attorney about how the injury occurred, the location of any injuries, no matter how minor they appear, and all symptoms arising from those injuries. Symptoms may include disorientation, memory loss, and pain.
• Accept no offers of settlement without first talking to an attorney. Do not discuss the matter with any person who is not your attorney or doctor, especially if they represent the truck owner.

The thorough keeping of all records may help injured persons recover allowable damages. Those damages include, but are not limited to, reimbursement for medical expenditures and lost wages, as well as damages for disabilities, physical pain and suffering, and emotional distress.

If you have been injured in an accident involving a truck and would like to obtain the assistance of counsel, please contact Mark L. Stuckey, LLC. We will discuss your case and analyze the merits in an honest and forth-right manner. Our primary goals will be to assist in the preservation of your rights and in obtaining adequate, allowable compensation for your injury.

Trucking Accident Lawyers

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( NOTE: (cite - Append as Footnote - Comprehensive Truck Size And Weight Study: Summary Report for Phase I--Synthesis of Truck Size and Weight (TS&W) Studies and Issues, Section 4.3 Safety, page 31;