Our Law Firm Will Find The Evidence You Need To Get Fair Compensation
If you’ve been involved in a truck accident, you’re facing an uphill legal battle from the beginning. That’s because your opponent isn’t just another motorist – you’re up against the trucking company. Trucking companies and their insurance carriers have huge amounts of resources to use to reduce their liability – which means reducing or denying your claim – and they often have teams of attorneys and adjusters on their side to do just that.
This problem is compounded because much of the critical evidence in a truck accident case is actually the trucking company’s property. That means, when you must prove trucking company negligence, they have an unfair advantage right from the start – unless you have an experienced truck accident lawyer on your side who can take action to secure that evidence.
That’s why you need the Whaley Law Firm.
Here’s What We Look For When We Investigate A Trucking Company Negligence
From reviewing the trucking company’s records to collecting evidence from the accident scene, thoroughly investigating a truck accident can be a lengthy process. Here are some of the things we look for after an accident:
Hours of Service (HOS) Log: In order to make sure they are awake and alert at all times, truck drivers are required to take mandatory rest breaks and only work a certain number of hours per week. They are required to document their hours in a log in order to ensure compliance. However, this log belongs to the trucking company, and they are only required to keep it for six months unless an attorney intervenes. When you contact attorney Aaron Whaley and retain him to handle your case, he’ll immediately contact the trucking company and make sure they don’t destroy that log.
Black Box Data: You may have heard of the black box in the context of airplane crashes, but commercial trucks have one, too, and it contains valuable information such as the truck’s speed and direction of travel at the time of the crash. Again, the black box, or Electronic Logging Device (ELD), belongs to the trucking company, and you need an attorney to intervene to secure that important information.
Maintenance Information: It’s the trucking company’s responsibility to keep their trucks in good, safe working condition. The Federal Motor Carrier Safety Administration (FMCSA) has established regulations that require commercial trucks to undergo regular inspections to ensure their safety and compliance with federal law. Equipment and truck parts subject to mandatory inspections and maintenance include truck brakes, steering system, suspension system, tires and wheels, lighting and reflectors, horns, rearview mirrors, emergency equipment, and exhaust systems.
We’ll review all documentation of maintenance done on the truck to see whether there was an unaddressed safety issue that may have contributed to your accident. Our investigation may include interviewing mechanics and others who did work on the truck in addition to the trucker’s and trucking company’s own records. Examples of truck records that may be available to help support an injury claim include:
- Maintenance logs and service records
- Repair orders
- Inspection reports
- Diagnostic reports
- Warrant claims
- Recalls
- Driver inspection reports
Cargo Records: The specific cargo records available will depend on the type of cargo being transported, the carrier, and the relevant regulations. These documents provide a record of the weight of the truck and its cargo before and after transit, which can be important for determining if the truck was overloaded or if the cargo shifted during transit. Cargo records include:
- Weighbridge tickets.
- Inspection reports.
- Hazardous materials shipping papers
- Delivery receipts
- Cargo insurance policy
- Shipping manifest
- Bill of lading
Hiring and Supervision Records: Another responsibility of the trucking company is to make sure their drivers are safe and responsible operators. We may find records showing that the trucking company failed to conduct a background check or knowingly hired a dangerous or unqualified driver. Our investigation may also show that the trucking company failed to adequately train or supervise the driver, leading to a crash.
Witness Accounts: In many cases, a witness has critical information that could hold the trucker or trucking company accountable for the accident. We’ll interview people who witnessed the crash itself as well as others who may have previously witnessed the events leading to the accident. For instance, a witness may testify that the trucker appeared tired or intoxicated prior to getting behind the wheel.
How To Sue A Trucking Company
If you’ve been involved in a truck accident, it’s important to know that you have legal options to get the compensation and justice you deserve. While it can be daunting to go up against a large trucking company, hiring an experienced truck accident lawyer can level the playing field. The Whaley Law Firm has extensive experience litigating against trucking companies and other liable entities to get results. Here are some steps to take if you’re considering suing a trucking company:
- Contact an Experienced Truck Accident Lawyer: The first and most important step is to find a skilled truck accident lawyer who has experience suing trucking companies. Our truck accident lawyer can provide guidance on how to proceed and help you navigate the legal process.
- Investigate the Accident: We can handle this step, and all the other steps in the legal process, for you. Our thorough truck accident investigations involve gathering evidence, interviewing witnesses, and reviewing documents such as maintenance records, cargo records, and hiring and supervision records.
- Preserve Evidence: It’s important to preserve any evidence related to the accident as soon as possible because much of it is held by the at-fault trucking company and, without intervention, much of it can be destroyed. Truck accident evidence that may need to be preserved and protected includes photos and videos of the accident scene, the truck’s black box data, and maintenance or cargo records.
- File a Lawsuit: While it is possible to file a lawsuit without a lawyer in Kentucky, it is generally not recommended. The legal process can be complex and confusing, and a mistake made during the process can have serious consequences for your case. Suing a trucking company can be a complex and lengthy process, but with the help of an experienced truck accident lawyer, you can seek the compensation you deserve. The lawsuit your lawyer files will outline the damages you are seeking and provide evidence to support your claim.
Aggressive Louisville Truck Accident Lawyer Who Is On Your Side
Truck accident cases are decided based on the facts of the case, and a thorough and deep investigation is the key to uncovering those facts. That’s why you need an experienced Louisville accident lawyer on your side. If you’ve been injured in a truck accident, contact the Whaley Law Firm to schedule a consultation and learn more about your legal options. We have been aggressively fighting for truck accident victims’ rights in Kentucky for nearly 20 years. We have the experience and resources you need to make a solid case for maximum compensation. Contact us today for your free consultation. Call 502-532-2340.