By Kathleen Feroleto, Esq.
Sooner or later, a truck accident case may come across your desk. Truck accident cases are uniquely complex, differing significantly from typical car accident cases. They involve federal regulations, frequently severe damages, and a web of potentially liable parties. Success requires attention to critical elements that can make or break a client’s claim.
Immediate action is crucial. Evidence can disappear quickly, so attorneys must dispatch a team to document the scene, secure the truck’s “black box” data, and interview witnesses promptly. Emergency preservation orders may be necessary.
Federal Motor Carrier Safety Regulations (FMCSRs) govern the trucking industry. Violations of these regulations can be powerful evidence of negligence, so familiarize yourself with them intimately. They are often the key to establishing liability or more significant damage awards & settlements.
Unlike typical car accidents, trucking cases can involve multiple liable parties: the driver, trucking company, truck/trailer owner, cargo loader, maintenance providers, and component manufacturers. Identifying all potential defendants early in the case is crucial for maximizing client recovery.
Unique forms of evidence are available, including driver hours of service logs, ECM data, GPS tracking, post-accident drug/alcohol tests, driver qualification files, and maintenance records. Preservation letters should be sent immediately, or a court order should be obtained to prevent the loss or destruction of crucial evidence.
The insurance landscape is complex, with trucking companies often having intricate “towers” of coverage. Understanding minimum insurance requirements, primary and excess coverage interplay, and MCS-90 endorsements is vital to ensuring total client compensation.
Expert testimony is valuable. Accident reconstruction specialists, trucking safety experts, regulatory compliance consultants, and medical experts must provide crucial insights on industry standards, compliance, and damages.
Accurate damage calculation is critical for both catastrophic and non-catastrophic injuries. Consider long-term medical needs, life care plans, lost earning capacity, and non-economic damages. In fatal cases, understand and develop wrongful death claim nuances.
Jurisdictional issues often arise as trucking cases frequently cross state lines. Determining the most favorable venue and being aware of the choice of law issues are important strategic considerations.
While many cases are settled, preparation for trial from day one is crucial. Build the case with the trial presentation in mind, understand trucking company defendant dynamics in court, and be prepared to communicate complex information effectively to a jury. This will increase the value of your case, whether you settle or try it.
Handling trucking cases requires specialized skills and a thorough understanding of their unique aspects. If you don’t typically handle truck accident cases, consider working with an experienced trucking lawyer in either a co-counsel or referral capacity. These cases demand expertise beyond typical personal injury litigation. Focusing on these key areas and staying updated on regulatory and industry practice changes allows for more effective navigation of trucking litigation challenges, ultimately providing better client representation in these high-stakes cases.