Truck Accident Lawyers With Skill and Experience

By Fred Pritzker

Food poisoning attorney fred pritzkerOur attorneys are currently investigating a tragic truck accident in Michigan involving a USF Holland semi tractor trailer, which collided with a passenger vehicle and left a mother in the hospital and her son dead.

Although nothing can replace such a loss, truck accident lawyers like us try to see that these families are compensated fairly while at the same time holding trucking companies and drivers accountable.

How We Prove Fault in a Truck Accident Case

While every case is different, there are general practices common to all cases that only highly experienced truck accident law firms like ours have the skill and experience to fully utilize.

  • First we investigate the conduct of negligent truck drivers and determine whether that conduct is in violation of federal, state and industry standards including the policies of the companies for whom the drivers are employed.
  • We also evaluate the safety practices of large and small trucking companies to determine if there are patterns and practices affecting truck safety.
  • The crash that led to serious injury or death is thoroughly investigated. This involves visiting and documenting the scene (including use of special photogrammetric cameras that both preserve and measure the crash scene). It also includes obtaining all police records and reports, interviewing witnesses, preparing scale and custom diagrams and collecting truck company safety data through federal and state law channels.
  • We work with the very best truck safety experts in the United States including accident reconstructionists, truck inspectors, and transportation safety engineers, among others.

Federal, State and Industry Standards Truckers Must Follow

  • In general, truck drivers and trucking companies have to comply with Federal Motor Carrier Safety Regulations (FMCSR) administered by the Federal Motor Carrier Safety Administration. These regulations govern virtually every aspect of truck and truck company operation in the United States. Violation of these regulations is evidence of negligence. Thus, we carefully collect and scrutinize FMCSR-mandated documents in order to determine if a collision occurred as a result of an FMCSR violation.
  • Most truck drivers are required to have a commercial driver license (CDL). Every state has a manual that sets forth the requirements for that CDL. The manuals generally follow the CDL Manual published by the American Association of Motor Vehicle Administrators (AAMVA). Thus, when we investigate a trucking accident, we evaluate our findings in light of the requirements set forth in the applicable state’s CDL Manual. Driver conduct in violation of his state’s CDL manual is additional evidence of negligence.
  • There are also a number of industry groups that set forth rules and regulations regarding truck safety. Although they do not have the force of law, they are evidence of “due care,” the standard by which truckers and truck companies are evaluated to determine if they were negligent. One such organization is the Professional Truck Driver Institute (PTDI), a nonprofit organization that develops standards for driver training courses and motor carrier driver-finishing programs. Other private standards companies that develop formal training materials for commercial vehicle operators include J.J. Keller & Associates and the Commercial Vehicle Training Association.
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