Atlanta Personal Injury Lawyer Blog

How can a big truck accident attorney increase the value of a truck accident personal injury claim?
(1) An experienced big truck lawyer can use the "Rules of the Road and the Trucking Rules of the Road" to prove that the truck driver was negligent. If the truck driver is negligent, then the personal injury victim from the big truck case can recover for their personal injury claim (medical expenses, lost wages, and pain and suffering.
(2) An seasoned big truck attorney can use experts to show that the driver was driving in such a careless and negligent way that he or she was playing "Russian roulette with the lives of the public". It is helpful to establish to a jury that the more dangerous something is, the more careful you should be to limit the danger or risk to others. Good truck accident lawyers will often argue that since big trucks are more dangerous than cars, the truck drivers should be more safe.
(3) Big truck accident attorneys can also assist their clients in getting all of the medical treatment they need either through their health insurance or through the use of doctor's liens and medical funding companies if the client does not have health insurance.
(4) Great big truck accidents are ready, willing, and able to litigate if the settlement negotiations do not result in a great settlement that fully compensates the personal injury client for their personal injury claim.

What evidence should be sought during the litigation of a big truck personal injury claim?
(1) The truck company's incident report created when the truck driver first reported the accident to their employer.
(2) Any videos or photographs made from any cameras attached to the big truck that may have captured how the accident occurred. Many big trucks are equipped with cameras and many truck drivers are instructed to take photographs of the accident scene.
(3) A thorough inspection and investigation of the commercial truck can lead to helpful evidence of liability and negligence. Trucks made after 1996 often contain "the black box" which is an electronic control module that stores information about how the truck was being operated at the time of the accident.
(4) Investigate the scene by photographing, measuring, and mapping out how the collision occurred.
(5) Research the company and the truck driver regarding past accidents and safety violations.
(6) Get all relevant fuel purchase reports and receipts.
(7) Get copies of the internal safety policies and procedures.
(8) Get copies of all DOT audits for past five years before the collision.
(9) Get copies of the maintenance files on the tractor.
(10 Get copies of the document retention and destruction policies for the trucking company.
(11) Get copies of the communications records between the truck driver and the dispatcher for 6 months prior to the collision.
(12) Get copies of date from all on board data recorders.
(13) Get copies of the data (fact) portion of the trucking companies investigation of the collision.
(14) Get copies of the photographs, drawing, and diagrams of the accident scene.
(15) Get copies of the reports form the truck company to DOT or any other government entity.
(16) Get copies of the contracts, leases, or other written agreements between the truck driver and the trucking company.

What information is often stored in "the black box" that is on many big trucks?
(1) What speed is the truck's governor set at? This means what is the top speed that the truck is limited to by the device called a governor.
(2) What is the highest speed the truck has ran and the date it happened?
(3) What are the percentages of speeds?
(4) The black box also records the last three hard brakes. Hard brakes are defined as when the truck reduces its speed by more than seven miles per hour in one second.

What information does federal law require the truck company required to maintain?
Federal Motor Carrier Safety Act, Section 395.8(k) states "Retention of driver's record of duty status. (1) Each motor carrier shall maintain records of duty status and all supporting documents for each driver it employes for a period of six months from the date of the receipt."

What is a spoliation letter and what evidence in big truck cases can it be used to protect?
A spoliation letter is a letter that is sent to the truck company that requires them to protect and preserve since the evidence is vital to the pending truck accident personal injury claim. The following items should be preserved:
(1) The driver's logs for the six months preceding the collision.
(2) Co-driver's logs for the six months preceding the collision if they are team drivers.
(3) The driver's qualification file and personnel file.
(4) The company incident report of the truck accident.
(5) All trip receipts, weight tickets, bills of lading, and operational documents. These items could be used to audit the truck drivers logs for accuracy.
(6) Satellite tracking (GPS) information for the 6 months before the crash.
(7) All compliance audits of the driver including all seventy hour reports.
(8) Any receipts from ComData or similar expense and cash advance services used by the truck carrier.
(9) All information contained in the black boxes.
(10) Any emails between the truck driver and the truck company and dispatcher.
(11) All maintenance records, pre-trip inspection reports, post-trip inspection reports, and annual inspection records, and
(12) The tractor trailer itself if there is any evidence or allegation of equipment malfunction or failure.

Why should you hire an attorney who specializes in handling big truck accidents?
(1) Big truck accident claims are complex so the personal injury lawyer needs to have significant experience handling these types of claims.

How can I get a free consultation regarding my big truck personal injury claim?
Big truck attorney Richard Griffin and his truck accident litigation firm, The Griffin Law Firm, will provide a free consultation if you call us at 866-847-6545 or submit your case to us at the following link: Free Big Truck Accident Evaluation