Tuesday, November 6, 2012

The Aftermath of a Trucking Accident

Large commercial trucks are responsible for over 5,000 traffic fatalities each year in the United States. These accidents are largely a result of trucker error, distraction, and/or fatigue, mistakes on the part of the passenger vehicle driver and mechanical failures common to large trucks. Those who have been victims of a trucking accident may wonder how a system which is meant to keep us safe has failed so miserably. Immediately following the accident you were completely immersed in the safety and well-being of your family and yourself, particularly if life and death circumstances were involved.

The focus of your life in the next few weeks and months, likely centered around medical care, rehabilitation and ongoing treatments leaving you little time to think about the ever-increasing pile of medical bills on the kitchen table, the lost wages due to your inability to work and the long-term physical, emotional and financial consequences which were the result of your trucking accident. So the question is, what exactly does happen in the aftermath of a trucking accident and what can victims do to help themselves during this difficult time? Consider this scenario:

Who You Called vs. Who the Truck Driver Called

While your first call would have been to 911 in order to get medical help for yourself and your family, the driver of the 18-wheeler would have been dialing the company dispatcher. This call would immediately put into motion the crash team of the trucking company who would head to the site of the accident with a goal of doing as much damage control as possible. This “team” is generally comprised of a reconstruction specialist, a professional photographer and a professional truck wreck investigator as well as an expert in the on board technology used in this particular commercial truck. The dispatcher will also call the company attorney and a risk manager from the company’s insurance company. As you can see, this is truly a “dream” team for the benefit of the truck driving company.

Evidence Which Will Be Collected

The ultimate goal of this team of experts is to disprove your version of the collision, ensuring the trucking company and their insurer will not be held financially responsible. Gaining access to the site of the accident immediately is crucial for representatives of the trucking company so that evidence which could implicate the driver or the trucking company can be gathered and potentially altered or even destroyed. The driver’s logbooks, witness statements, photographic evidence such things as skid marks, accident debris or property damage can soon become lost to you—the real victim of the accident, remaining in custody of the trucking defense crash team. The team will review the data from the truck’s onboard Electronic Control Module and may even purchase the data from your totaled vehicle—data you may not even realize exists. The trucking company will thoroughly debrief the driver as well as possibly even deleting calls from the driver’s cell phone and developing a comprehensive story regarding the events prior to the crash.

Why You May Be Left Out in the Cold

The trucking company’s team has done all of this within the first few days after the crash. You, on the other hand, were so caught up in ensuring the other passengers in the vehicle and yourself were taken care of medically that hiring an attorney was probably the last thing on your mind. This disparity can leave the trucking company sitting pretty by the time a trial rolls around while you may feel as though you are at the bottom of a deep hole, trying desperately to climb out.

A Group Who Helps Victims of Trucking Accidents

One group, the Association of Plaintiff Interstate Trucking Lawyers of America (APITLA) is working hard to narrow the gap between victims in a trucking accident and the defendants. This is a national group of attorneys whose goal is to eliminate trucking practices which are both unsafe and illegal, making the roadways safer for the millions of Americans who share the roads with large commercial trucks. APITLA has mapped out a sequence of events strategy which applies to the aftermath of a trucking accident. A Regional Directors of Litigation group—all volunteers—is available 24/7 during the prosecution of an accident involving a large commercial truck. All those who are members of APITLA will have access to this team of experts through their Regional Director. Those in need will be provided information as to the location and availability of the required experts who are in closest proximity to the crash.

The experts in the APITLA “team” can include:
· Accident investigators specifically trained in the special skills needed for trucking accidents. This investigator will be licensed, have a critical attention to detail, will likely possess a law enforcement background, will understand chain of custody, will have experience investigating truck accidents and will be unbiased in their search for the truth.
· Accident reconstruction engineers who will survey the scene before the vehicles are moved. The goal of this expert is to accurately preserve all evidence and relevant data related to the wreck, including the on-board technology. The APITLA accident reconstruction engineer can gather the same evidence as the expert for the trucking company which means both sides will have equal access to critical information.
· Experts in on-board technology who will examine the Electronic Control Module of the truck. This device records a variety of data including the truck’s speed, whether brakes were applied (and at what point) throttle percentage, engine RPMs, whether the cruise control was being used and whether the crash involved a hard stop or other significant incident. This device also records the engine make, model and year. Downloading this data can be a delicate operation as information can be lost during the downloading transfer.
· Professional forensic photographer or videographer who will detail and record the scene of the accident. This professional will document skid marks, paint transfers, physical objects, patterns of debris and gouge marks which will all contribute to determining fault in the crash.
· An expert skilled in the presentation of multimedia can use animation and computer generated re-enactment to tell the story of the victims.
· A commercial trucking expert can evaluate the conduct of the truck driver as well as decipher the industry standards, trucking regulations and “rules of the road” to jurors.
· Other experts such as those associated with freight-loading and freight-shifting, wind shear, cell phone capture data and human factors may be brought in as needed, depending on the circumstances surrounding your trucking accident.

Who Will Be Held Responsible in Your Trucking Accident?

There will usually be more than one defendant when a trucking accident occurs, and trucking accident cases are well-known for being especially complex. Whether the driver was fatigued, distracted, driving in a reckless or negligent manner, was transporting poorly secured cargo or was driving a truck which suffered mechanical failure, it will be necessary to clearly prove the reason behind the crash. The responsible party could be the driver, the trucking company, the manufacturer of the truck or a truck component or a maintenance company or person—or a combination of these.

Injuries and Long-Term Effects Following a Trucking Accident

Those who survive a collision with an 18-wheeler will likely be left with very serious injuries—injuries which can change lives forever. Brain trauma is common as are spinal injuries, including partial or total paralysis. Healing could take weeks, months, or even years. Some victims are left with permanent disabilities which prohibit them from ever returning to work. Medical expenses can escalate to the truly astronomical level, even for those victims who are fortunate enough to have health insurance. It is likely that emotional trauma will also be a factor for most victims of trucking accidents.

If you are dealing with the aftermath of a trucking accident it is likely you did not have the time to contemplate the future or to deal with the legalities of the crash which would eventually impact your entire future. It is for this reason that a truck injury attorney should be brought into the equation as soon as possible following a trucking accident. While it may seem like one more thing to take care of, once a highly experienced truck accident lawyer is brought on board, you and the other victims of the accident can focus your attention on healing and putting your life back together while your attorney-advocate concentrates on getting you the compensation you deserve for the negligence of another. Contacting an organization such as APITLA could also be beneficial for those victims of trucking accidents.

Author: Sullo & Sullo Attorneys

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