The Truth About Trucking and Truck Accident Lawyers
by Ralph Scoccimaro
The basic premise of the question that “there are many trucking injury lawyers”, is somewhat misleading. There are many lawyers who say they are trucking lawyers but should, as a matter of professionalism and ethics, refer the case to more experienced attorneys. A trucking lawyer recognizes that a trucking accident requires a major forensic investigation that includes, but is not limited to, driver’s work history, company hiring practices, driver disciplinary history, inspection of the subject truck as soon as possible, preservation of all documents generated to and from governmental agencies either before or after the crash.
A trucking lawyer recognizes that a trucking accident requires a major forensic investigation that includes, but is not limited to, driver’s work history, company hiring practices, driver disciplinary history, inspection of the subject truck as soon as possible, preservation of all documents generated to and from governmental agencies either before or after the crash.
It should be noted that the Federal Motor Carrier Safety Regulations permit a trucking company to destroy most documents related to the driver and truck six months after a collision unless warned pursuant to the Doctrine of Spoliation by a “real” trucking lawyer. This warning must be sent to all the correctly named parties within one year of the accident. Trucking accidents are document intensive and require a good competent staff to analyze the documents for issues relating to negligent hiring, negligent supervision, negligent maintenance, etc. The way the crash happened is often easy to understand. We go to the heart of the case: “why did the crash happen?”
A true trucking lawyer prepares his case for trial the minute he is retained by the victim. If he sits on his hands, much if not all the evidence to proving major issues of causation will be lost. He will be left with the simple facts of the collision and nothing more. In other words, these cases can not be treated like a garden variety car accident. Often times, we are associated by a lawyer who thought he could settle the case early but in the meantime allowed the time to run for warning the trucking company not to destroy relevant documents. That is why it is extremely important to hire a competent, experienced trucking lawyer soon after the collision.
It should be noted that the Federal Motor Carrier Safety Regulations permit a trucking company to destroy most documents related to the driver and truck six months after a collision unless warned pursuant to the Doctrine of Spoliation by a “real” trucking lawyer.
We have extensive experience and proven results in these cases. We are armed with the necessary knowledge of Federal law, procedure and the Federal Motor Carrier Safety Act to bring forth a good result for the victim.
Trucks cause major catastrophic injuries every day. A victim of trucking negligence should look at the lawyer’s track record. Is he a real trial lawyer? or a lawyer who looks for the quick settlement? Will this lawyer hire a tractor trailer and re-enact the collision, as Brown and Scoccimaro has done in the past? Does the trucking lawyer have accident reconstructionists who he uses regularly?
If you don’t hire a competent, experienced trucking lawyer soon after the wreck, he won’t be able to go over the truck to look for evidence of substance abuse, double log books, etc. It would be like having a DA come into the crime scene years after the crime. Additionally, Injuries must be photographed and catalogued. If a person heals and there is no evidence of the injuries, what will a jury look at in determining the amount of a verdict?
The bottom line is that a trucking case is complex. Is your lawyer ready to take your case before twelve citizens in seeking justice? We are.
If you have questions about a case involving a tractor-trailer, please ask below.