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Heavy Truck, 18-Wheeler and Bus Collisions
Welcome to the Rodgers Law Firm
When someone suffers a debilitating injury or death in a heavy truck, 18 wheeler or bus accident, the lives of the victim’s family and close friends change beyond description.
The pain and suffering caused by the injury or death may be further increased by intense feeling of anger, frustration, and resentment because the accident could have been easily avoided if the person at fault, the wrongdoer, had only been more careful.
We at the Rodgers Law Firm in Fort Worth, Texas understand the devastation and losses caused by heavy truck and bus accidents. Surviving victims may have no transportation because the only car was wrecked in the accident, be unable to work due to injury, have no health insurance or large savings to pay for medical care, may not know how to find health care providers that will wait for payment until the case settles, and may not have the energy or know how to deal with the insurance company for the trucking company.
That's why we are here – to do everything we can to help our clients get the answers, the assistance, and the compensation that they are entitled to under the law.
We handle heavy truck injury cases throughout the DFW Metroplex and surrounding cities, including Dallas, Fort Worth, Arlington, Denton, Burleson, Cleburne, Decatur, Weatherford, Haltom City, North Richland Hills, Richland Hills, Azle, Mineral Wells, Mansfield, Sherman, and Denison.
If you, a family member, or a friend is a victim of an 18 wheeler accident, contact us for a free, no obligation consultation. We will meet with you at our office or any location convenient to you.
In a free, no obligation consultation with us, you may evaluate first hand our capabilities to help you and other family members work through the legal, economic and emotional hurdles faced when a family member sustains such a devastating injury.
The following pages of detailed legal information will give you insights into the depth of our capabilities in heavy truck cases.
Examples of Heavy Truck and Bus Cases Handled By Our Law Firm
Bus Passenger Killed In Commercial Bus Accident
Jonesboro, Arkansas
Our client’s mother was traveling from Texas to Missouri via Arkansas on a nationally-known passenger bus after a two week visit with her daughter in Alvarado, Texas. At one point in the pre-dawn portion of the trip near Jonesboro, Arkansas, the bus driver was approaching a T-intersection controlled by a stop sign. The road layout required that, after stopping, the driver had to turn the bus right or left. If he continued forward past the stop sign, he would leave the roadway, hit a bar ditch, and come to rest in a corn field.
Apparently under the influence of “road hypnosis,” he did not respond to the stop sign and drove into the field, wrecking the bus. The client’s mother was ejected from the bus and killed.
Road hypnosis occurs when someone who is driving slips into a kind of trance state because of the constant movement of the car and the monotony of the road going by. You may have noticed that sometimes you may become drowsy while driving or you may not remember driving the most recent mile or so on your trip, or you may even miss your regular exit on the freeway while commuting to or from work.
Suit was filed in Dallas County, the headquarters of the defendant bus owner. The case was settled prior to trial. (EA150C)
Mother of Two Young Sons Killed
Collision with 18-Wheeler Truck in Blytheville, Arkansas
The mother of two young sons was killed in a collision with a tractor-trailer truck while visiting relatives in Blytheville, Arkansas. We were hired by the boys’ father, a resident of Hurst, Texas, to represent him and his two young sons.
The lawsuit had to be filed in Arkansas, the state where the accident happened and the defendants resided. With the prior approval of the father, we helped the father and sons find an experienced, capable attorney in Arkansas to handle the case there. The case was settled prior to trial. (HGM)
24 Foot Long International Box Truck
Intersection Turning Collision with Passenger Car
Two Spinal Surgeries
Fort Worth, Texas
Our client, driving a small passenger car, was stopped in the rightmost lane of two left-turn-only lanes waiting for the red light to change to green. To her left was a 24 foot long, 1990 International Box Truck weighing in excess of 40,000 pounds.
When the light changed, our client drove her vehicle into the middle of the intersection and then began her left turn. Her turn lane took her car into the far right lane as the curved portion of her turn ended. Cars were legally parked all along the roadside to her right. The truck’s left turn lane took the truck into the middle lane as the turn ended. Since she was in the outermost lane with parked cars to her right and the large truck to her left, she had no room to safely leave her lane and take any evasive action in either direction.
The truck driver failed to keep his truck within his lane while he was turning The truck struck the left side of her car with the front right of the truck, causing her body to suddenly and violently bend sideways to the right. The impact was, in effect, a kind of T-bone collision, and the sideways force of the impact on her back seriously injured her. As we all know from experience, the human body cannot bend as much side to side as it can bend forward. The client had to undergo two back surgeries. The case settled before trial. (L350P)
Truck Tractor with Oversize Trailer Load Weighing 102,000 Pounds
“Off-tracks” and Collides with Minivan on S Curve
Complex Regional Pain Syndrome
Fort Worth, Texas
Our client was driving a minivan taking her 2 young children home from school one sunny, clear afternoon. Approaching her on an “S” curve was a tractor towing a flatbed trailer. On top of the trailer was a huge construction excavator that was 11 feet wide. The total weight of the tractor, trailer, and excavator was 102,000 pounds. Due to the trailer “off-tracking” into her lane, the client’s van was struck by the trailer.
The force of the collision caused a painful knee injury that subsequently turned into an extremely painful condition called “complex regional pain syndrome.” Medical experts said the excruciatingly painful condition was permanent. She underwent multiple medical procedures to try and block the pain. The case settled before trial. (T200F)
Collision with Large Crane Truck on Icy Overpass
Traumatic Brain Injury & Herniated Discs in Neck
Bedford, Texas
Bedford was in the midst of a freezing rain early one winter Saturday morning at 5:00 a.m. The rain was freezing as soon as it hit the roadway. Our client’s route to work included a two-lane, one-way bridge overpass from Highway 183 to Highway 121 and then on to DFW Airport. The road traffic was sparse and she was driving carefully and very slowly. Anyone exiting 183 onto the overpass could, before changing lanes to go onto the overpass, see every vehicle on the overpass from beginning to end.
Halfway through the overpass it began to change from a straight path paralleling Highway 183 into a curved shape to cross over Highway 183. When our client’s car reached the curved portion, her tires lost traction and she began sliding toward the guardrail on the left side of the overpass. During the slide her car did a 180 degree turn so that her headlights were facing toward oncoming traffic.
Two other cars then stopped behind her on the right shoulder. All 3 cars had their lights on. After a few minutes an 18-wheeler motorized crane truck then came onto the overpass, driving down the center line of the 2 lanes, apparently thinking he could drive around the stopped cars. He could not do so and despite the heavy weight of his truck his tires lost traction and he lost control of the crane.
The crane hit the 2 cars on the right shoulder and then crushed our client’s car against the guardrail on the left shoulder. She was taken to a local hospital by ambulance. Her injuries included two herniated cervical discs and traumatic brain injury.
Investigation revealed the truck driver’s license had been suspended in 2 other states prior to the accident for convictions for driving offenses. At his deposition the driver testified that (1) he had driven at least 3 miles on the freeway in the icy conditions, (2) he knew the ice was on the roadway, (3) he knew that overpasses were subject to icing easier and faster than ground level roadway, and (4) he knew icy roads caused tires to loose traction.
He also reviewed the photos taken of the view any driver would have of the overpass and agreed he could have seen the 3 cars looking through his truck windshield before he got onto the overpass.
Our truck safety expert testified that the driver’s view of the overpass allowed him to see the red tail lights of the 2 other cars on the overpass and to see our client’s headlights pointing in his direction while he was still on Highway 183.
Because the lights were not moving he should have known the vehicles were stopped on the overpass. He clearly should have known there was trouble ahead and stopped his truck before entering the overpass. The case settled before trial. (M37T)
18 Wheeler Truck Rear-Ends Small Car
Driver and Driver’s Employer Had No Liability Insurance Coverage
Client’s Injuries Required Neck Surgery
Fort Worth, Texas
Our client’s small car was rear-ended by a speeding, heavily loaded 18-wheeler truck in rush hour traffic in a construction zone one week before her wedding. The driver of the truck had no insurance. He moved from the area after the crash and later could not be located. The driver’s employer had no liability insurance and an asset check showed the employer had no apparent assets. Initially it looked like there would be no insurance to pay for the client’s extensive medical bills and other losses.
Further investigation reveled that the driver’s employer leased the truck from an out-of-state owner who was a federal motor carrier with a federal operating authority number. Because the door of the truck displayed the truck owner’s motor carrier operating authority identification number, suit was filed against the truck owner under the “federal statutory employee rule.” Under this rule, anyone driving the truck was deemed to be, under federal law, the employee of the motor carrier truck owner. Thus the motor carrier truck owner was liable for any negligence of the truck driver.
The client’s injuries required neck surgery. Suit was settled before trial. (DK115D)
18-Wheeler Backing Across Freeway Exit Road
Collision With Car
Arlington, Texas
Our client was commuting from work in Dallas, Texas one spring evening around 6:00 p.m. She exited I20 at the Park Springs exit ramp in Arlington, Texas.
As she exited the highway she saw a 1989 Freightliner tractor with a trailer stopped on the right side of the access road. Suddenly the driver turned his wheels sharply to the left and began to make a left turn across the access road to enter a side road that intersected with the access road. The driver then stopped with his tractor and trailer completely blocking the access road.
Stopping the tractor trailer alongside the access road was expressly prohibited by a “no parking” sign. The trailer was across the road, totally blocking it.
Our client was unable to bring her vehicle to a stop before crashing head on into the left rear of the trailer. The collision severely injured her and damaged her vehicle to the point that it was a total loss. At his deposition the driver admitted he lived a few blocks from the access road and regularly illegally parked his truck along the access road. The case settled before trial. (M30D)
Overview of Large Commercial Truck Accidents in Texas
Whether they are called large commercial vehicles, large trucks, big trucks, semis, semi trucks, tractor-trailers, 18-wheelers, or big rigs, the facts are clear that these vehicles are responsible for a disproportionate share of the injuries and deaths on Texas highways.
As soon as a large truck accident happens, the trucking company will know about it right away. Truck drivers are rarely injured when their semi truck hits the much smaller car, and the truck driver has the ability in his truck to immediately call his dispatcher and report the accident. The trucking company's safety director and its liability insurance company’s investigators are trained to be at the scene of a serious big rig accident within a few hours to make sure that as much as possible of the evidence of their driver’s wrongdoing, such as empty beer bottles in the cab, is covered up and the driver is told what to say.
As a victim, it's important for you to have a representative at the scene as soon as possible so critical evidence of liability does not disappear. The common sayings “if you snooze you lose” and “If you delay you pay” absolutely apply to 18-wheeler accident cases. These cases require detailed investigation as soon as possible to preserve evidence and identify all potential defendants.
In a truck wreck case, we will immediately notify the trucking company, the driver, and the motor carrier’s insurance company that there will be an injury claim and that they must save information such as the driver's logbook, the truck's maintenance records, and the electronic control module (ECM). The ECM records such information as the truck's speed and whether there was hard braking before the accident. This written notice is called a spoliation letter, and it serves to make the trucking company preserve evidence under their control that can help prove your case.
Investigating Potential Defendants
To identify all the potential defendants in any heavy truck accident, the lawyer must immediately begin a careful investigation to determine what events or objects caused the accident. The lawyer must also identify every person or company who had any operational or ownership connection to the truck tractor and trailer. This investigation may take months to complete.
Examples of these potential defendants include:
1. the driver, if his wrongful driving conduct caused the collision.
2. the driver’s regular employer, if the driver is not an independent contractor and the driver’s wrongful driving conduct caused the accident or if the employer’s wrongful conduct caused the accident (i.e. failed to properly maintain the truck).
3. The truck owner even if the driver is an independent contractor if the truck owner had wrongfully selected or retained the driver (knew or should have known the driver was not qualified to drive the truck or had an unsafe driving record) or the truck owner had retained too much control over how the driver did the details of the truck driving job.
4. The owner of the truck may have the owner’s FMCSR or TXDOT operating authority number posted on the driver’s side door of the truck, and if so, the truck owner is liable for the driver’s negligent driving no matter who is driving the truck and even if the driver is not employed as a regular employee or as an independent contractor of the truck owner (“federal statutory employee rule”).
5. The driver’s usual employer (“general employer”) may have had loaned the driver’s services to another employer (“special employer”) at the time of the accident, and if so, the special employer could be held liable under the “borrowed employee” rule.
6. A vehicle leasing company, one that is not a motor carrier and thus not required to have an operating authority number and who merely agreed to provide the vehicle under a routine vehicle lease agreement and who played no active part in other decisions related to the truck’s operation is not liable for the driver’s bad driving or any wrongful conduct associated with the driving safety of the truck. Liability may arise if the leasing company engages in any active decision-making relating to the qualifications of the driver or the safety of the vehicle, or shares in the freight fees earned by the driver and vehicle.
7. The truck owner displayed its motor carrier operating authority number on the side door of the truck and told the driver where and when to make deliveries but leased the driver from an independent staffing company. The staffing company initially recruited the driver, tested the driver, screened the driver’s prior employment, paid the driver’s compensation, and paid the driver’s payroll deductions to the applicable governmental agencies. Both the truck owner and the staffing company could be deemed the employer of the truck driver and held responsible for his wrongful driving conduct.
8. An independent maintenance company may have regularly inspected and maintained the truck, and the cause of the collision was that this inspection and maintenance was improperly done in a way that caused the accident.
9. A “freight forwarder” or “freight broker” and the truck owner may have agreed to work together and split the freight fees on this trip according to a predetermined ratio relating to their operating expenses. Under Texas law, if the participants working together in a common enterprise do so in a manner that creates a “joint venture” or “joint adventure,” the participants are liable for the wrongful acts of any participant just as though they were partners in a partnership. Both parties could then be held liable for the accident if the driver is held to be at fault.
10. The manufacturer of the tractor or trailer or any component part defectively designed or manufactured such item and the defect caused the collision. The manufacturer, wholesaler, retailer and any other party involved in the chain of distribution whereby a defective product, such as a tire, wheel, or steering mechanism, reaches the control of the truck driver may be sued for marketing or distributing such a defective product if the defective product caused the accident.
11. The “shipper”, the company whose cargo was being carried inside the trailer, may have required that its employees load the cargo. Those employees may have loaded the cargo in a way that later caused the trailer to become dangerously unstable while being towed, and the trailer’s instability caused the collision. The shipper would be liable for any negligent acts of its employees for improper or unsafe cargo loading that caused the collision.
12. an independent loading company may have been hired by the shipper, driver, or truck owner to load the cargo in the trailer and its employees may have loaded the cargo in an unsafe manner that later caused the collision when the trailer became unstable on the roadway.
Trucking Companies We Have Sued
We have represented clients in numerous large truck, bus, and 18-wheeler cases. It is a matter of public court records that we have represented clients with claims against the following companies:
American National Can Company
American President Trucking Companies, Ltd.
American President Distribution Services, Inc.
APL Land Transport Services, Inc.
A.W.Crisp Fire Sprinkler, Inc.
C & S Wood Crafters, Inc.
C.A.R. Transport, Inc.
Charlie’s Acoustical
Corporate Delivery Systems, Inc.
Davis Motor Crane Service, Inc.
Dunbar Armored, Inc.
D Lux Movers and Storage, Inc.
Emtech Environmental Services, Inc.
FFE Transportation Services, Inc.
Federal Express Corporation
Fort Worth Independent School District (school bus collision)
Georgia Pacific Corporation
Greyhound Bus Company
J & R Services
Jeff Eubank Roofing Company, Inc.
Joe Ashford’s Wrecker Service, Inc.
Joe Brown Company, Inc.
KLLM, Inc.
Koch Industries, Inc.
Miller Truck Line, Inc.
Paxton Lumber Company
PBE Sales & Service, Inc.
Redi-Mix, Inc.
Refrigerated Transport, Inc.
S.A.T. Trucking, Inc.
Schneider National Carrier
Southwest Structural Systems, Inc.
Stanley Mechanics Tools, Inc.
United Crane, Inc.
U.S. Express, Inc.
Vernon Sawyer
Waste Management of Texas, Inc.
Common Causes of Truck Accidents
Big truck accidents are often caused by a truck’s special driving characteristics, including slow acceleration, wide turning radius, long stopping distances after breaking, and blind spots in the driver’s field of vision beside and behind him.
Other common causes of truck accidents include:
Overloaded trailer
Shifting load
Spilled loads
Oversized truck
Equipment failure
Poor design of truck equipment
Driver failure to inspect the truck or cargo load
Lack of training of the truck driver
Poorly maintained truck brakes
Reckless driving
Driver drinking alcohol, illicit drugs
Driving in poor visibility conditions (smoke, fog, snow, rain, sleet)
Poorly maintained tires
Speeding
Fatigued driver driving too many hours without rest, taking pep pills to stay awake
Failure to yield the right of way
Unsafe reflectors, lights, and visibility tape that does not warn other nighttime drivers of the presence of the truck near them
The Federal Motor Carrier Safety Administration (FMCSA) is the agency responsible for improving the safety of commercial motor vehicles. According to the FMCSA’s 2006 report, there are approximately 141,000 truck crashes every year.
In more than half of these accidents, it was found that the truck driver was at fault. The report found that the top 10 causes of truck accidents where the truck driver is at fault were:
1. Prescription drug use (26%)
2. Traveling too fast (23%)
3. Unfamiliar with the roadway (22%)
4. Over-the-counter drug use (18%)
5. Inadequate surveillance 14%)
6. Fatigue (13%)
7. Illegal maneuver (9%)
8. Exterior distraction (9%)
9. Inadequate evasive action (7%)
10. Aggressive driving (7%)
Hours of Service, Driver Fatigue and Destruction of Driver Log Books
The FMCSA in 2003 increased the maximum driving hours to 77 from 60 over 7 consecutive days and to 88 hours from 70 over 8 consecutive days, effectively increasing the likelihood that there will be more tired truck drivers on the road.
Studies show that drivers are more likely to crash after many long hours of driving. Using stimulants by truck drivers to overcome fatigue is a common occurrence. A recent study showed that about 20 % of truck drivers use a stimulant on some portion of their trip. FMCSA regulation place limits on the number of hours that may be driven in a day and in an 8-day period. The driver must keep a log book or Record of Duty Status documenting for each day the actual number of hours the driver has operated the truck, been off duty, and been on duty but not driving.
These paper logbooks are called “comic books” because they are widely falsified by truck drivers and their companies, according to research sponsored by FMCSA itself.
The log book information must be filed with the motor carrier within 13 days of completion; the driver’s home terminal must keep the log book until the 20th day of the next calendar month; then it is forwarded to the carrier’s principal place of business and retained for 6 months.
The log book is often destroyed by motor carriers after 6 months to hide evidence the driver was driving illegal hours. The loss of this information after 6 months makes it much more difficult to later prove that the driver violated the federal limits on the number of hours the driver could drive. Other than the requirement to keep the logbook for 6 months, Texas and federal law does not require that potential defendants in a truck collision case take any steps to preserve evidence relating to the collision.
After a crash, the trucking company’s representatives, often referred to as the “Go Team,” go to the scene as soon as possible. They will very likely remove evidence inside the truck that could harm their defense of any lawsuit filed later, including any prescription or illegal drugs, beer cans, pep pills, cell phones, magazines, and duplicate log books. The truck and trailer may be sold for scrap and destroyed. This is why an attorney experienced in handling truck collision cases should be consulted as soon as possible after a truck collision.
Testing Truck Drivers for Drug and Alcohol Use
A recent study by the Insurance Institute for Traffic Safety found that of all tractor-trailer drivers tested:
15% were positive for marijuana,
12% were positive for non-prescription stimulants,
2% were positive for cocaine, and
less than 1% were positive for alcohol.
The U.S. Department of Transportation (DOT) has regulations in the Code of Federal Regulations (“CFRs”) requiring drug and alcohol testing for truck drivers. These drug and alcohol tests, for alcohol and five drugs (marijuana, cocaine, PCP, amphetamines, and opiates) are called the “DOT test.” The drugs are called the “HHS 5” because they are the same drugs the Department of Health and Human Service tests federal agency employees.
The CFRs also allow, but do not require, testing for drugs other than the HHS 5 that might affect a driver’s ability to operate a truck. Drug tests under these rules or for any other reason are called a “non-DOT test.”
The CFRs allow motor carriers to test drivers for alcohol and the HHS 5 drugs in six circumstances: pre-employment, reasonable-suspicion, random, post accident, return-to-duty and follow-up situation.
A driver who refuses to be tested or tests positive on a DOT test must immediately be barred from driving and cannot begin driving again until he is evaluated by a substance abuse professional and completes a substance abuse program. The substance abuse professional determines if the driver has completed the program successfully and develops a follow-up testing program for him. The employer must administer alcohol and drug tests before the driver can return to driving.
Big Rig Off-tracking During Turns Causes Accidents
Large trucks are subject to a turning condition called “off-tracking.” When turning, a truck’s rear wheels do not follow the same path as the front wheels. The track the rear wheels follow is called the “off track.” In a low speed turn, the track or path of the rear wheels is further inward than the path of the front wheels. In a high speed turn, the path of the rear wheels is further outward that the front wheels. When the trailer wheels off-track inward or outward, the truck tractor will be able to clear an object on the roadway that the off-tracking rear wheels cause some portion of the trailer to hit.
Driving In the “No-Zone” Is Dangerous
The No-Zone represents danger areas around trucks where crashes are likely to occur. Car driven in the deep blind spot directly behind a truck puts the car driver in the NO-Zone. Large trucks have a blind spot directly in back that extends up to 200 feet behind the vehicle.
Driving a car in the large blind spots on both sides of trucks for any length of time puts the driver in the No-Zone. Trucks have a blind spot on their sides starting behind the cab and extending between 20 and 40 feet back.
Driving a car in the blind spots behind or on the right side of trucks when they are making wide and/or right turns puts the car driver in the No-Zone. Trucks have a larger blind spot on their right side starting behind the cab and extending up to the length of the truck; this blind spot increases in size the further off to the side the car is from the truck.
Studies by the Insurance Institute for Highway Safety have shown that at 55 miles per hour, the cab of a tractor-trailer can take 26% more distance to stop than a passenger car (243 feet versus 193 feet), while a fully-loaded tractor-trailer can take 222% more distance to stop than a passenger car (430 feet versus 193 feet).
Average Total Stopping Distance at 55 MPH
Vehicle Stopping Distance
Passenger Car 193 feet
Tractor-Trailer, Cab Only 243 feet
Tractor-Trailer, Trailer Empty 249 feet
Tractor-Trailer, loaded, with cool brakes 256 feet
Tractor-Trailer, loaded, with hot brakes 430 feet
Big Truck Accident Investigation and Reconstruction
At the accident scene, measurements are taken of crash evidence such as point of impact, final resting positions, skid marks, scrub marks, and gouge marks.
Vehicle inspections include measuring the amount of damage of the vehicles. The brakes, steering, tires, suspension, lights, and other mechanical components are inspected and tested to determine if any were defective in a way that would have been a cause of the accident.
The expert downloads the “black box” computer data from each vehicle. Most dealerships and repair centers do not have the computer software or the training required to download this critical data.
For passenger cars, the computer data includes vehicle speed, brake on/off, percent throttle, seatbelt use, and engine speed. Vehicles with black box data include Buick, Cadillac, Chevrolet, Ford, GMC, Hummer, Isuzu, Lincoln, Mercury, Pontiac, Saab, and Saturn.
For heavy trucks, the computer data includes vehicle speed, brake on / off, percent throttle, engine speed, maximum / governed speed, and fault codes (problems with the tractor). Caterpillar, Cummins, Detroit Diesel, Mack, and Volvo engines provide this type of data.
Document reviews by investigators include reviewing the truck driver’s qualifications, auditing his logbooks, and reviewing the motor carrier’s compliance with FMCSA regulations and trucking industry safety standards.
Computer data and mathematical equations are used to determine key accident facts, including the speeds of the vehicles, and their positions at different times during the accident. Data entered into the equations used to reconstruct the accident include pre- and post-impact direction of travel, length of skid marks, coefficients of friction for the roadway the tires traveled over, point of impact, impact angles, and weights of the vehicles.
Each vehicle’s pre-braking speed can be calculated to see if any driver was speeding, and, if so, whether or not the accident could have been avoided if the speeding driver had been driving at the posted speed limit.
With proper and timely accident investigation and reconstruction, the questions listed below and others similar to them may be answered:
1. How fast was each vehicle traveling?
2. What does the “black box” or ECM data on the tractor-trailer tell us about the accident?
3. Could either driver have steered or used his brakes in a way that would have avoided the accident?
4. Were each vehicle's lights on?
5. Were the truck tractor and trailer maintained properly?
6. Did the truck tractor and trailer have the required reflective tape for nighttime visibility?
7. Were the air brakes adjusted properly?
8. Had the truck driver violated the limitations for maximum hours of driving or other federal regulations governing commercial vehicles?
Why Some Truck Drivers Lie About How the Collision Happened
A truck driver will often lie to the investigating police officer about how the accident happened in order to avoid a serious traffic violation on their driving record that would cost them their job. Under federal trucking regulations, truck drivers are disqualified from operating a commercial motor vehicle if convicted of excessive speeding, reckless driving, improper or erratic lane changes, or following the vehicle ahead too closely. The risk of losing their CDL (commercial driver’s license) and thus their livelihood is sometimes sufficient motivation for a truck driver to make false statements about how the accident happened.
What an Attorney Should Consider Doing on a Big Rig Case
1. Have an accident investigator photograph and video the crash site. If the vehicles are still on the scene, he would take pictures of both the inside and outside of the truck and an overhead view of all vehicles involved in the collision.
2. If possible, record the statements of witnesses, police officers, investigators, emergency response personnel, and the tow truck operators.
3. Obtain the written reports of the investigating police officers and emergency personnel before taking their statements. The investigator would try to videotape statements at the collision scene so that witnesses can clarify and explain their testimony. 4. Immediately send a letter by fax and certified mail telling the motor carrier, the truck driver and the motor carrier’s insurance company about the law firm’s retention. The letter itemizes all the physical evidence relating to the accident, including the tractor and trailer, that must be preserved to investigate the accident and prosecute the lawsuit.
5. Obtain legal title to the client’s vehicle and store it, with “black box” intact, in a secure location to prevent the defendants from later arguing that the victim did not preserve evidence under his control so why should they be expected to preserve evidence under their control.
6. File a motion with the court for a temporary restraining order to prevent any destruction or tampering of evidence until a thorough supervised inspection is completed.
7. Retain a competent expert to inspect the truck and trailer for mechanical difficulty including improper brake adjustment and to obtain the Black Box data.
8. File a lawsuit against the truck driver and any other involved party. Attach comprehensive discovery documents to the complaint, such as interrogatories, request for production and request for admission, based on information that we have obtained to date in the investigation.
9. Request a motor carrier safety report from the Department of Transportation.
10. Obtain the truck driver's license record and criminal rap sheet from the state where the truck driver's commercial driver's license was issued.
11. Consider whether to hire an accident reconstruction expert and to produce a computer animation of the crash.
12. Notice the deposition of the truck driver and the motor carrier’s corporate designee regarding the motor carrier’s trucking safety practices and the training given the driver.
13. File a nonparty subpoena to the defendant driver’s previous employers to obtain a complete copy of the driver’s employment file, including application, record of road test, violation history and employment status and termination.
Losing the Right to Make the Claim
You must file your Texas tractor trailer collision suit within a certain time period or else you will lose your right to pursue your claim. In many cases, the suit must be filed within two years from the date of the accident.
Simply contacting the business that owns the truck or contacting the businesses’ insurance company about the accident is not enough to stop the running of the two year period.
Cases involving federal and state governmental entities as defendants are governed by a different limitations procedures and periods. Claims against federal government entities are controlled by the Federal Tort Claims Act, which provides:
“A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.”
Texas governmental entities are controlled by the Texas Tort Claims Act. The claim procedures in this Act must be followed. It requires that written notice, often using mandatory forms supplied by the agency involved, be given to the agency against whom the claim is being made within time periods shorter than a year after the accident, often as short as six months. Certain exceptions do exist in unique circumstances, but they require the analysis of a qualified attorney to determine if they are applicable.
There are other reasons to act quickly. Key witnesses may disappear, witnesses’ memories may fade, and vital documents may be lost. Sometimes it takes months of investigation to determine who the true defendants are that are legally responsible for the accident. It is crucially important that you do not delay in consulting with an attorney.
Contact us for a free no-obligation consultation as soon as possible to ensure that you retain your right to pursue your claim.
Ask Us for a Second Opinion If Another Attorney Has Declined To Represent You
Attorneys regularly decide whether the case that they are reviewing does or does not meet all the requirements to be a viable, sound case. Making this determination is not an exact science. Based on different experiences and analytic abilities, one attorney may turn down the opportunity to represent a client and another attorney may decide to take the case.
The second reviewing attorney saw something the first reviewing attorney may have overlooked. The first attorney may have decided that liability was not clear, that the damages were not large enough, there was not available insurance coverage or other sources to pay the money damages, or that there were other problems in seeking a recovery.
We would welcome the opportunity to review your 18 wheeler wreck claim even if another attorney has turned the case down. There is no charge or obligation for our review.
You may contact us at the following phone numbers at any time:
Office: toll free: 1-866-560-1075
local: 817-717-4080
Copyright 1994 - 2007 Clifford B. Rodgers.
Last Modified July 6, 2007.
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