Truck accident lawsuits have changed in recent years, since the use of black boxes is no longer for only airplanes. These devices can now be found on many commercial trucks and the data today and helpful for gathering evidence after a collision. Our law firm has handled these type of cases and have cases pending, where this data can be invaluable. Collisions with these big rigs often results in serious injury or death in some cases and cannot be pursued in the same manner as car accidents.
The elements of these cases make it essential that the lawyer has a well-educated knowledge of the Federal Motor Carrier Safety Regulations and the Federal Department of Transportation requirements. We retain accident recontructionists and DOT investigators, who gather evidence from the accident scene. This aids in the law firm being able to recover millions of dollars on behalf of clients involved in this type of incident.
The one issue that most people do not know is that while they are being treated at the hospital, at the hospital for a loved one or grieving the loss of a family member after a collision, the trucking company’s insurance company has hired an investigator to go to the scene of the crash to gather evidence. Truck companies and their insurers have a plan in place in the event one of the truck driver’s is involved in a wreck to limit the damages. The truck driver’s are often provided cameras just for such an event and are told by the trucking company to call them immediately, if they are involved in a crash. This gives the them the time to get an investigator to the scene, often arriving while the police are still at the location.
The black box that most people do not realize is installed in most trucks that are Event Data Recorders, just like the device airplanes have as standard equipment. The box that is actually orange in color records specific information from the truck while it is in operation. This information can include the amount of time the truck is in operation, the average speed it is being driven, braking events and most importantly the information just prior to a collision involving both speed and braking.
After a collision the trucking company generally will not want to provide this information to the other diver involved. The data contained in this device can show if the truck driver was speeding at the time, which would make them liable. It is extremely important after a wreck that the trucking company is sent a “preservation letter,” which legally tells them the data from the recording device must be preserved. The truck must also be preserved that was involved in the crash and not altered in any way before an expert for the person who was harmed has access to the large truck to examine the big rig.
The expert will be able to determine issues with the truck that may have caused or contributed to the crash, such as different brakes on the left side and right side. They will also be able to determine if the brakes on the trailer are not up to specifications as the Department of Transportation requires for a trailer its size. The trucking company does not want to be held responsible and will not volunteer this type of information.
The family usually is not interested in the reason the crash happened, they have more immediate concerns. The trucking company and insurance company make it a priority to investigate the wreck. This is why it is essential for the family to have a legal advocate in their corner with the resources to protect the rights of the person harmed. Investigating the accident and collecting evidence is vital to hold the trucking company, the truck driver and the insurance company accountable.
Resources:
Crash Reconstruction: http://www.ndaa.org/pdf/crash_reconstruction_basics.pdf
Los Angeles Trucking Accidents: http://truckaccident.ehlinelaw.com/black-box-lawsuits/
ATSB: http://www.atsb.gov.au/http://www.atsb.gov.au/
The elements of these cases make it essential that the lawyer has a well-educated knowledge of the Federal Motor Carrier Safety Regulations and the Federal Department of Transportation requirements. We retain accident recontructionists and DOT investigators, who gather evidence from the accident scene. This aids in the law firm being able to recover millions of dollars on behalf of clients involved in this type of incident.
The one issue that most people do not know is that while they are being treated at the hospital, at the hospital for a loved one or grieving the loss of a family member after a collision, the trucking company’s insurance company has hired an investigator to go to the scene of the crash to gather evidence. Truck companies and their insurers have a plan in place in the event one of the truck driver’s is involved in a wreck to limit the damages. The truck driver’s are often provided cameras just for such an event and are told by the trucking company to call them immediately, if they are involved in a crash. This gives the them the time to get an investigator to the scene, often arriving while the police are still at the location.
The black box that most people do not realize is installed in most trucks that are Event Data Recorders, just like the device airplanes have as standard equipment. The box that is actually orange in color records specific information from the truck while it is in operation. This information can include the amount of time the truck is in operation, the average speed it is being driven, braking events and most importantly the information just prior to a collision involving both speed and braking.
After a collision the trucking company generally will not want to provide this information to the other diver involved. The data contained in this device can show if the truck driver was speeding at the time, which would make them liable. It is extremely important after a wreck that the trucking company is sent a “preservation letter,” which legally tells them the data from the recording device must be preserved. The truck must also be preserved that was involved in the crash and not altered in any way before an expert for the person who was harmed has access to the large truck to examine the big rig.
The expert will be able to determine issues with the truck that may have caused or contributed to the crash, such as different brakes on the left side and right side. They will also be able to determine if the brakes on the trailer are not up to specifications as the Department of Transportation requires for a trailer its size. The trucking company does not want to be held responsible and will not volunteer this type of information.
The family usually is not interested in the reason the crash happened, they have more immediate concerns. The trucking company and insurance company make it a priority to investigate the wreck. This is why it is essential for the family to have a legal advocate in their corner with the resources to protect the rights of the person harmed. Investigating the accident and collecting evidence is vital to hold the trucking company, the truck driver and the insurance company accountable.
Resources:
Crash Reconstruction: http://www.ndaa.org/pdf/crash_reconstruction_basics.pdf
Los Angeles Trucking Accidents: http://truckaccident.ehlinelaw.com/black-box-lawsuits/
ATSB: http://www.atsb.gov.au/http://www.atsb.gov.au/
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