Notification to Trucking Company

October 15th, 2008

Outlined here is the fifth step to follow if you or a loved one is injured in a trucking accident.

Fifth, it is important to notify the trucking company and truck driver in writing as soon after the accident as possible to keep and maintain certain records and documents which will be important in pursuing the truck accident injury claim.  Federal law only requires the trucking company to keep some documentation for a limited period of time unless the trucking company is informed that a claim may be made.  This would include the log books of the truck driver which records the truck drivers activities up to and including the accident.  Log books are to record the truck drivers time on the road, in the sleeper berth and off-duty times.  Overall speeds can be calculated using log books.  Also, logbook violations can be significant in making the personal injury claim against the trucking company.

Other documents such as trip sheets, pre-trip inspections and post-trip inspections, including inspections of the braking system, as well as bills of lading and documentation of the product or material being transported can be very important.  It is important that notification be given to the trucking company and truck driver that none of these records are to be altered or destroyed.

Most modern tractor-truck units are equipped with an “event recorder,” often referred to as “black boxes.”  These computer recorders can be invaluable in recording speeds, engine rpms, braking and other important data to reconstruct what caused the truck accident.  In fact, many passenger motor vehicles are likewise equipped with these event recorders, and this information can be downloaded and utilized very effectively.  It is important that the trucking company or owner of the truck be notified that such event recorder data be preserved and not destroyed.  The data should be available if it has not been downloaded or if the truck has not been totaled and sent for salvage.

Our law firm utilizes experts who can download event recorder data and this information needs to be obtained in pursuing the personal injury claim against the truck driver and trucking company.  Please contact our lawfirm at our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

Diagram Accident Scene

October 8th, 2008

This is the fourth step to follow in the unfortunate event that you or a loved one has been involved in a trucking accident.

4.  Fourth, the accident scene with the truck needs to be diagrammed and measured.  Most of the time, the investigating law enforcement officer will prepare a diagram as part of the report that will include the location of the semi-tractor and trailer and other motor vehicles in the position they came to rest after the accident.  However, sometimes those law enforcement officers do not make all the necessary measurements.  Likewise, the law enforcement officer may not diagram or measure roadway markings, including skid marks, scuff marks, oil marks, gouges and physical debris.  In addition to photographing and/or videotaping the roadway markings, these need to be measured and diagrammed.  It is recognized that most people do not carry tape measures with them in their motor vehicles, but if you or a witness at the scene doesn’t have a measuring device, then at least walk off these distances and record them.

Again, many of the roadway markings and even indentations left by the truck and trailer or other motor vehicles can be diagrammed and measured days and sometimes weeks after the accident.  This is not ideal, but it is better than not having this information.
In significant trucking accident cases, our law firm can send an investigator to the accident scene to collect and record this type of information.  We can be reached at our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

Photographs of Accident Scene and Vehicles

September 30th, 2008

This is the third step to follow if you or a loved one have been injured in a truck accident.

3.  Third, photographs and videos of the physical evidence and motor vehicles involved should be taken immediately.  All parts of the motor vehicles should be photographed, including the semi-tractor and trailer unit should be taken while the vehicles are in their after-impact position.  Even those parts of the vehicles that don’t appear to be damaged need to be photographed and/or videoed.  This is because of the lack of damage on the portion of a truck or other motor vehicle can be important.  Photographs and videos of all portions of the semi-tractor and trailer may reveal maintenance defects in the tires, braking systems and other structure of the truck or trailer.  While it is best to take these photographs at the scene and before the vehicles are moved, if this is not possible, the photograph should still be taken of the semi-tractor and trailer and other motor vehicles even after they have been moved to a tow lot or other salvage location.  Interior photographs or videos of all vehicles should likewise be taken, particularly of the tractor unit.

In addition to taking photographs or videos of the semi-tractor and trailer and other motor vehicles involved, it is very important to photograph the scene of the accident.  This includes not only the terrain and surrounding area, but specifically the roadways where the accident happened.  There can be markings on the roadway which are significant in the accident and personal injury claim, including skid marks, scuff marks, gouges, oil marks, and physical debris.  Some of the markings and gouges can be present for even days afterwards.  It may be important to have an accident expert or trucking expert look at the scene of the accident to record the physical evidence.  Our law firm has access to trucking and accident reconstruction experts who can assist in investigation of the accident.  We can be reached at our website www.truckaccidentlegalcenter.com or our toll free number (800) 943-4529.

Witnesses of a Truck Accident

September 25th, 2008

This is the second step in the process if you or a loved one has been involved in a truck accident.

Step 2.  If you are physically able or if you have someone else at the accident scene that can do so, it is important to obtain the names and contact information for all witnesses and potential witnesses.  This may even include people who show up after the accident is over.  Such persons could still have important information to be used later on.
Even if the fault of the truck accident is obvious, it is still important to have every witness recorded and their contact information obtained.  This includes name, address, phone number, and if they will give it to you, even employment number or cell phone number so that they can be contacted.

If possible, it is even helpful to note where the witness was located at the time of the accident, the type of vehicle being driven, license plate number and color of the vehicle.

Sometimes individuals have cameras in their motor vehicles.  Ask witnesses if they have a camera to record any of the physical evidence or vehicles of the accident.

Make sure all witnesses are followed up with shortly after the accident, and if possible, obtain a recording of the witness’ account of the accident including what they saw, heard or experienced.  It is best to obtain that witness statement as soon after the accident as possible because memories tend to fade over time.  Our law firm has expertise in obtaining witness statements and may be contacted through our website www.truckaccidentlegalcenter.com or by phone at 1-800-943-8529.

Seven Things To Do When You or a Loved One Are Involved in a Truck Accident

September 22nd, 2008

Dougherty and Holloway, LLC specialize in litigation involving personal injury and wrongful death claims.  We are dedicated to serving and assisting those persons and families who have suffered from their accident or injury.  In an unfortunate event that you or a loved one may be involved in an accident, we felt it necessary to provide you with the top 7 procedures one should follow.  The following list provides the overview and we’ll provide the detail to each step in a series of posts over the next several days.

1.  Proper Medical Treatment

2.  Witnesses

3.  Photographs of Scene and Vehicles

4.  Diagram Accident Scene

5.  Notification to Trucking Company

6.  Document Medical Care

7.  Hire Experts in Truck Accidents

1.  First, make sure you or your loved one receives the medical care needed.  This means you will need to go to a hospital, possibly by ambulance, to be evaluated.  Many times, a person will suffer injury, even serious injury, and not realize the nature or extent of that injury.  Especially if the collision is substantial, a thorough evaluation of personal injuries needs to be made where they have competent staff and medical equipment to fully evaluate your injuries.

It is also important to tell the emergency room doctor or other personnel about every complaint that you have, even those areas of your body that have lesser pain or complaint than other areas.  Documentation of all injuries is very important.  You may be focused on one particular area of injury which is causing you the most pain and discomfort at the time, but another area of injury may be as or more significant but doesn’t show up until later, even days and weeks.  Please try to advise the healthcare personnel of all areas of pain or discomfort.

Also, follow up care with doctors and therapists, even after being released from the hospital, is likewise very important.

Do not assume that everything is okay, but have all injuries evaluated as soon as possible after the truck accident.  If you have any questions, contact us at www.truckaccidentlegalcenter.com or by phone at 1-800-943-8529.

This is just the first in a series of steps that must be taken in the event that you or a loved one are involved in a truck accident.