Representing victims of truck accidents and tractor-trailer wrecks presents a challenge and complexity not experienced in other types of wrecks. The Law Office of Timothy J Phillips have risen to that challenge many times. The resulting catastrophic injuries alone make trucking accidents and tractor-trailer wrecks distinct from all others, but the resulting compensatory offers make these wrecks dangerous to the unwary even after the wreck. Our experienced lawyers know what you can expect to face and can help you find justice—no matter how evasive it may seem.
A trucking accident and tractor-trailer wreck that involves a motor carrier regulated by the U.S. Department of Transportation (DOT) has built-in protection for an injured consumer. The problem is that the carriers will not disclose that they have excess insurance policies beyond the primary policy without your filing a suit:
- They will not tell you that the driver of the DOT-regulated vehicle is their statutory employee, regardless of the fact that the driver might be an owner-operator and might have a contract with the regulated company, which refers to the driver as an owner-operator.
- They will not tell you they are responsible for the actions of that driver as long as the driver acted within the scope of that statutory employment.
- They will not tell you they have valued your claim at 5 times or 10 times the set amount when they are really only offering you the base amount for a full release of your right to sue.
Before sorting out all the experts for proving the catastrophic injuries, experts should be consulted regarding liability. It is not an accident when the risks for tractor-trailer wrecks are well established and can be avoided. A reconstruction expert should be called while evidence is still fresh. Reliance on old evidence can disqualify an otherwise good expert and keep the video reconstruction that helps the jury follow your theory of liability out of evidence. Satellite GPS records and electronic control modules must be identified and read before they are destroyed – usually within 90 days as a standard operating procedure for most companies.
Almost every 18-wheeler case should plead negligent supervision, negligent hiring, and negligent retention, as these facts usually are usually borne out through discovery all the way up to trial. The driver’s logs, driver qualification file, and driving record should be reviewed. Then depositions should be taken of the trucking company’s safety director, corporate representative, relevant dispatcher, and others having knowledge of the wreck.
The condition of the tractor-trailer and its brakes should be considered. Trucks are often poorly maintained and driven by truckers with serious safety deficiencies. An alarming number of these drivers are fatigued, under the influence of drugs, or medically disqualified to drive a truck.
Do not settle for less than fair compensation!
Contact The Law Office of Timothy J Phillips for your free legal consultation.