There are
nearly half a million collisions involving large commercial trucks each year;
as many as 5000 of those involve fatalities with the state of Texas having
between 250 and 450 trucking fatalities annually. In fact, the fatal crash rate
for large trucks is 2.4 deaths per 100 million vehicle miles traveled which is
fifty percent higher than the rate for other vehicles on the road. Because of
the great disparity in size between a loaded commercial truck and a passenger
vehicle 98 percent of these trucking fatalities are occupants of the smaller
vehicle. A normally loaded 18-wheeler can take up to 350 feet to come to a stop
while an overloaded truck will take an even longer distance.
Factors in Trucking Accidents
Trucking
accidents are the result of a variety of factors including truck driver error,
distraction or fatigue, mistakes on the part of the driver of the passenger
vehicle, and mechanical failures which are common to 18-wheelers. The scores of
victims of trucking accidents may wonder how the system which is meant to keep
us safe has failed time after time. Those who survive a trucking accident
likely find themselves totally immersed in the health of those involved in the
accident, particularly in instances where injuries are extremely serious. The
focus is on medical care and the ongoing treatments required leaving little
time or energy to contemplate the medical bills stacking up, the lost wages
which are resulting in regular bills going unpaid and the long-term effects
resulting from the trucking accident. Those involved in a trucking accident may
have wondered what the “other side” was doing in the days and weeks following
the collision.
What Happens Following the Accident?
First of all,
while the first call made by those in the passenger vehicle was almost
certainly a 911 call to obtain medical treatment for those injured in the
crash, the first call made by the truck driver was probably not a 911 call. Truck drivers are
trained to immediately call the company dispatcher in the event of an accident.
This phone call sets into motion an entire team of trucking company experts who
immediately head to the scene of the accident to engage in damage control.
These experts will attempt to dispute the passenger vehicle’s sequence of
events leading up to the crash, particularly if that story implicates their
driver or truck in any way.
A
reconstruction specialist, a professional photographer or videographer, a truck
wreck investigator and an on-board technology expert are only the beginning.
The company attorney will be notified of the accident as well as the risk
manager for the company’s insurance carrier. This team will collect evidence
such as the driver’s logbooks, statements from any potential witnesses,
photographs of the scene, accident debris and data from the truck’s onboard
Electronic Control Module. They may also request data from your vehicle to
determine what actions you took immediately prior to the crash. Any evidence
which could potentially implicate the truck driver might even be altered or
destroyed. The truck driver will be debriefed and any cell phone calls made by
the driver might be deleted in the event they show the trucker was distracted
by a phone call or text prior to the accident. A “story” will be developed by
these experts and the truck driver will be schooled in telling this story to
officials.
The Other Side
What about the
victims in the passenger vehicle? What are they doing while this trucking
company “dream team” is busy addressing every possible aspect of the crash?
Well, they are probably so involved in ensuring everyone in the crash is taken
care of that hiring an attorney to look out for their interests is the last
thing on their mind. The disparity between what the trucking company and driver
will do following the accident and what the victims of the accident will do is
staggering. By the time a trial rolls around the trucking company is likely so
far ahead, legally speaking, that the victims of the crash could find themselves
unable to even recover medical expenses.
The Association of Plaintiff Interstate
Lawyers of America
One particular
group, APITLA, is working to narrow the gap between victims of the trucking
collision and the trucking company and driver. This group is comprised of
attorneys who want to eliminate post-accident practices which are considered
unsafe or illegal and ultimately increase the safety of the roadways for the
millions of Americans who share the roadways with 18-wheelers. APITLA provides
their own team of experts for members of the group and will provide the
location and availability of these experts. This group of experts, like the
team of experts employed by the trucking company, will likely include accident
investigators, reconstruction engineers, experts in on-board technology,
professional forensic photographers or videographers, experts in multimedia
presentation, a commercial trucking expert, and other experts including those
who are trained in freight loading and freight shifting, wind shear, cell phone
capture data and other human factors.
Why You Need a Knowledgeable Trucking
Attorney
The goal of
these experts will be to get a true picture of your trucking accident and
determine who the responsible party really is, whether it is the truck driver,
the trucking company or the manufacturer or maintenance department of the truck
or truck parts. Those who survive a crash with a large commercial truck will
likely have extremely serious injuries which could alter their lives forever.
Brain trauma, spinal cord injuries and serious fractures are common. Victims
may be left with partial or total disabilities and the medical bills can mount
alarmingly. Those who are dealing with the aftermath of a trucking accident
need the services of a highly experienced truck accident lawyer and they need
this professional on board as soon after the accident as possible. A truck
accident attorney can try to ensure you get the compensation you are entitled
to and look out for your rights while you concentrate on healing.
