Claims involving tractor trailer collisions are in many respects more complex than other automobile crash cases. They can involve complex accident reconstructions, use of multiple expert witnesses, and examination of regulations passed by the Federal Motor Carrier Safety Administration. Because of the sheer size of semis, “18-wheelers,” and other tractor trailers, trucking accidents also tend to involve serious to catastrophic injuries and complex medical issues. We have experience litigating severe injury and wrongful death cases and can assist your family in picking up the pieces following a serious or fatal trucking accident.
The most important advice that a lawyer can give a tractor trailer collision victim is to immediately seek counsel to assist with the crash investigation. Unlike many car accident cases, high-impact trucking accident cases need immediate, extensive investigation. For example, your attorney may want to retain an accident reconstruction engineer to immediately perform a skid mark analysis or investigate other physical indications as to how the crash occurred at the scene.
Additionally, “spoliation” letters must be sent to ensure that the trucking company does not lose or purposely destroyed critical evidence, such as black box data. These letters place the truck driver’s employer on notice that it has a duty to preserve such evidence.
When a trucking company puts a truck driver on the road, the company has a duty to the public to make sure that its drivers are qualified and well-trained, and that its company policies encourage safe driving behaviors.
They also have a responsibility to conduct adequate background checks of a driver’s record, including any past alcohol or drug-related driving convictions or loss of commercial driver’s license status.
Unfortunately, many trucking companies fall short of or deliberately ignore this goal. Tractor trailer drivers are sometimes forced to drive for unreasonably long periods of time without rest in order to boost the company’s bottom line with quick deliveries.
These drowsy drivers are much more likely to cause a collision on the road, and when truck drivers take drugs or supplements – whether legal or illegal – to stay awake, the risk is even greater.
If you have been injured as a result of tractor-trailer collisions, North Carolina law allows for recovery of several “elements” of monetary damages. Included in those are compensation for (1) past and future medical and pharmaceutical expenses, (2) past and future lost wages, (3) past and future physical pain and mental suffering, (4) permanent injury, and (5) permanent scarring. In handling your case, Maginnis Howard will, if appropriate, work with life care planners, vocational rehabilitation experts, and expert physicians to ensure that your full future medical expenses are thoroughly estimated.
Reckless tractor-trailer drivers are a danger to everyone on the road. When their negligence causes a collision, it is important the victim hold the driver and their employer financially responsible.
The Raleigh trucking accident attorneys of Maginnis Howard can assist you with that process. To schedule a free consultation, visit our contact page. Our firm offers a contingency fee arrangement to all victims of tractor trailer collisions. This means that you pay no attorneys’ fees unless and until we make a recovery on your behalf.