Truck Accident Attorneys
Accidents involving commercial trucks involve a very different set of issues than normal automobile accidents. The personal injury attorneys of Dolman Law Group understand the specific nuances involved of accidents involving semi tractor-trailer rigs. These vehicles are common across the State of Florida as they are used to transport goods and materials for businesses. Unfortunately, these mammoth vehicles on eighteen wheels are sometimes involved in collisions. Just like every other type of vehicle, semi-truck drivers are sometimes the cause of accidents and sometimes the victims. In addition to the normal dangers found on the road, such as distracted drivers and speeding, truck drivers also often have to face the danger of fatigue that can set in after long shifts at the wheel.
In addition to the danger of a truck driver’s own negligence, the vehicle itself can create danger to other drivers. Sometimes trucks are loaded improperly or are not adequately inspected before the driver begins his run. Mechanical breakdowns while a truck is in operation can lead to loss of control over the 40 ton vehicle. Sometimes, poorly loaded freight can fall from the truck and damage unsuspecting motorists. These are just some of the unique issues facing commercial trucks.
The magnitude of an automobile accident involving a semi tractor-trailer truck is another variable in these types of cases. Sheer size and weight of these large commercial vehicles increase the danger of death and serious bodily injury to anyone involved in a truck accident (including the truck driver). Commercial vehicle accidents often result in Traumatic Brain Injuries, broken appendages and bone fractures, serious damage to vertebral discs, and neurological damage.
Exposure of the broker or carrier
A broker is an entity that arranges for the transportation and/or movement of cargo by a motor carrier such as a semi-truck. The broker simply brings together the truckers and the company that is attempting to ship goods. Brokers utilize computer tracking software and data to monitor the movement of goods and the trucks they have brought in for such.
In analyzing the liability of a broker we will look at:
- whether the broker has acted in accordance with their duty to inspect the motor carrier/truck, inspected the safety history of the truck and drivers of whom they have contracted with.
- How much control the broker exercised over the truck and the driver. This can be displayed by inspecting the dispatch records, and whether the broker monitored and reviewed trip records or notes. Did the broker approve the receipts and bill of lading changes?
Negligent Maintenance and Hiring Claims
Trucking cases are generally very complex based on a bevy of state and federal laws that sometimes conflict with one another. We often retain experts to determine whether the trucking company utilized faulty equipment or were negligent in maintaining the truck itself.
In fact we will examine the following:
- Were the tires defective, retread or unevenly worn?
- The brakes, axles, hitches and a variety of other parts must be working and checked routinely.
- The maintenance logs must be kept completed, updated and in accordance with both Florida and federal statute.
At Dolman Law Group, we will utilize the best experts on your Florida truck accident case to determine whether the trucking company has taken any shortcuts that resulted in a violation of law.
In regards to negligent hiring and retention claims, we will examine the employment history of the driver and determine whether such individual was properly trained and experienced in operating a semi-truck or commercial vehicle. There are federal and Florida provisions concerning the due diligence that must be applied by the trucking company in examining the driver’s safety history and criminal record. Trucking outfits can face massive liability for failing to adhere to such safety provisions.
Please take a look at the following article: http://www.dolmanlaw.com/driver-fatigue-inherent-danger-commercial-trucking/
Driver fatigue sadly results in thousands of unfortunate and senseless accidents on American roads each year. In the context of truck drivers, the potential for catastrophe is all too real when fatigue becomes an issue. Federal trucking laws known as Hours of Service (HOS) regulations govern the amount of time a driver can be on the road for a single stretch, how much time must be taken off between shifts and how many hours they can log on a specific week.
It is not at all uncommon for drivers to falsify their driving logs. In fact, many trucking companies imply or expressly request their drivers to falsify records. Sadly, many trucking outfits place unrealistic scheduling demands on their drivers and sleep deprivation is often a common result.
Many factors result in truck driver fatigue:
- Long stretches of night driving.
- Irregular schedules with little routine.
- Unhealthy eating on the go.
- Loading and unloading cargo in between trips
The National Transportation and Safety Board (NTSB) estimates that fatigue plays a role in excess of 30% of trucking accidents
Medical care following a truck accident
Seeking the appropriate medical care after a truck accident is vital to protecting your health, but can lead to a mountain of medical bills. In order to pay for these bills, accident victims often accept extremely low settlement offers from insurance companies trying to rush the case closed. It’s important to remember that the insurance companies are looking to settle your truck accident for as little money as they possibly can, all for the sake of profit.
It’s important that you are aware of your rights if you are the victim of a collision involving a commercial vehicle. Whether you are the truck driver, or another motorist unfortunate enough to fall victim to an uncontrolled semi-truck, you have the right to recover for your injuries. The trial attorneys at Dolman Law Group specialize in personal injury law and have years of experience with all types of automobile accident claims. Our reputation for aggressively representing our clients to the insurance carriers is evident in our everyday diligent work toward maximizing our clients’ settlement offers. Rest assured, at Dolman Law, your case will be handled with the utmost importance. You will never be pressured to take an unreasonable settlement offer, as our lawyers are ready and willing to take the case as far as necessary when the insurance carrier fails to take the proper course of action and make a fair offer.
In addition to our accomplished attorneys, Dolman Law Group works with several automobile accident investigators who will breakdown and reconstruct the accident scene. Whether your crash involved driver error, faulty mechanical equipment or just improper loading techniques, our investigators will get to the bottom of what caused collision you were involved in.
If you are the victim of an accident involving a commercial truck, or are a driver of an eighteen-wheel semi tractor-trailer, a garbage truck, a postal/parcel delivery truck, or an operator of another large vehicle and have been in a collision caused by someone else’s negligence, the truck accident lawyers at Dolman Law Group are committed to maximizing your recovery. We service clients all over the state of Florida from our centrally located office in Clearwater.