Truck Accident Fault Example: Actor Tracy Morgan & Wal-Mart Lawsuit
Everyone heard the news last year when actor Tracy Morgan was critically injured and comedian Jimmy McNair was killed, when a truck owned by Wal-Mart collided with their limo-bus on the New Jersey Turnpike. In that case the driver was found to have exceeded the amount of driving hours allowed by law. He was an employee of Wal-Mart so the defendant in the ensuing lawsuit was Wal-Mart. Other truck accident injury cases are often a lot more complex when trying to determine fault. The driver could be an owner operator, who is pulling a trailer owned by a different company. The trailer was leased to a third company and loaded by a fourth. If the trailer blows a tire and sudden weight shift creates loss of control, which party is at fault if it rolls over onto a car? Is it the driver, for not checking the tires or the weight and security of the trailer load? The owner of the trailer, for using retreaded tires that were over five years old? The company who leased the trailer and did not maintain it properly, or the workers who over loaded it?
Following FMSCA Regulations
Trucks and drivers are subject to stringent regulations put forth by the Federal Motor Carrier Safety Administration. These regulations cover many different areas of commercial trucking including driver safety, load securement, weight restrictions, pre-trip inspections, intermodal equipment safety and many other areas. When an inspector from any enforcement agency finds a violation he has to follow a chart to determine who is responsible for the violation. Is it the driver, the freight company or the intermodal equipment (container or trailer) provider? The same difficulties are present when a truck is involved in a motor vehicle accident. It must be determined whether the driver was negligent in driving or inspecting the vehicle, or was it the equipment or the improper weight or distribution of the load? Was the driver an employee or the owner of the tractor?
The Finger Pointing Begins
When a professional driver is involved in a crash he will fight very hard to place the blame elsewhere because his livelihood is at stake. The freight company that contracted him has a large war chest to retain the best legal team. When the victim is an automobile driver of modest means, it becomes a David and Goliath situation. To enter into that arena armed with only your insurance company is precisely what the opposition wants to see. Anyone who is injured in a collision which of caused by a big rig is facing a large and complex battle and needs the best law firm they can retain. They need a firm that has the resources to conduct a thorough, independent investigation and professional accident reconstruction. They need firm that has the experience and tenacity to stand up to the corporate legal teams and go for the award that the injured client really deserves without settling for less.
Exposing the Truth in Truck Accident Injuries
Dolman Law has successfully won many cases where injuries occurred as the result of a truck accident. We have team of professional investigators are able to peel away the layers and expose that real cause and fault in the accident. Was the truck overweight and the driver fatigued? Where the trailer brakes operating adequately? Who was responsible for maintaining the tractor and the trailer? The questions can seem innumerable, but the investigators from Dolman Law will uncover the truth. Do not go to court without a team of experienced truck accident attorneys. You are entitled to be well compensated for your pain and suffering, financial loss, emotional stress and also the recovery of punitive damages.
If you were injured, or someone you love was injured or lost their life, in a truck accident, reach out to Dolman Law today. Call our Clearwater offices by dialing 727-451-6900 now. There is no charge to you until we recover the compensation that you deserve. Don’t wait, timing is critical.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765