Truck Accidents

Steps Horn Law Will Take to Maximize Settlements and Awards in Truck Accident Cases

1. Secure Important Evidence

• Crash Site Investigations: The accident site investigation is one of the most important things that can be done at the outset of a truck accident case. Often, an accident reconstruction expert will be retained by Horn Law to assist in the accident site investigation. In addition to ground-level investigations, which include obtaining physical evidence, taking measurements, establishing points of impact, locating final resting positions, marking landmarks, and performing a “line of sight” analysis, aerial and drone photography may be necessary to aid in the investigation.
• Vehicle Inspections: Because the collision may have been caused (or contributed to cause) by a defect in the truck, it is necessary to perform inspections of the mechanical systems in the truck, including the brakes, tires, steering, and lights. Additionally, many trucks and commercial vehicles have a “black box,” which is called an Event Control Module (ECM). ECMs are very helpful in a crash investigation because they record speed, hard braking, rapid deceleration, last stop, etc. In order to preserve ECM data, an expert in accident reconstruction is required to download the information so that it can be used in the legal case.
• Preservation of Evidence: Trucking companies, because they are highly regulated, must keep documentation that relates to truck drivers, vehicle information, carrier safety documents, trip reports, and crash information. An essential function of Horn Law’s initial legal investigation will be to preserve and obtain this critical information.
• Truck Company Safety Records: A truck company’s safety record and accident history can provide helpful information in a truck accident case. In addition to private or internal records, which Horn Law will obtain through the legal process, public information of a truck company’s safety record can be found at safer.fmsca.dot.gov. This is information maintained by the Federal Motor Carrier Safety Administration, an agency of the federal government.

2. Establishing Liability

Before the case for an injured person can be settled or resolved in the legal process, liability or fault must be established against all parties who caused or contributed to the cause of a motor vehicle accident involving a truck or commercial vehicle. This is important, because in most truck crash cases, two or more parties are at fault, including the truck driver and the trucking company, who is commonly referred to as the carrier.

• Truck Driver Liability: Driver liability is always a significant factor in a truck crash case. Evidence of excessive speeding, aggressive driving, driver distraction and inattention, improper lane change, failing to yield, and driver impairment are standard pieces of evidence that establish liability against the truck driver. Driver fatigue is also becoming a major reason why truck accidents are increasing nationwide. In fact, driver fatigue often leads to dangerous driving and puts innocent motorists at risk. We can count on more study into this form of driver liability in the future.
• Truck Company Liability: Horn Law will also carefully examine the role that the trucking company played in causing or contributing to the cause of the crash. Truck company fault is predicated on a number of legal responsibilities, including:
  • Failure to properly train their drivers
  • Negligent hiring and supervision of drivers
  • Failure to inspect and maintain vehicles
  • Improper loading (overloading) of truck

Many truck accidents are the result of truck driver fatigue that comes from working long hours. Federal laws limit the consecutive hours truck drivers can drive, but drivers might exceed these “hours of service” laws because of pressure put on truck drivers by their companies to speed up deliveries. Whenever a trucking company cuts corners, they start to operate in a manner where they put profits ahead of safety. Lawyers must explore this aspect of liability in all trucking accident cases.

3. Establishing Damages

Our primary objective in any case we handle is to maximize the settlement or award so that we can compensate our clients for all of their past, present, continuing, and future damages. To meet our mission, Horn Law will detail both economic and non-economic damages that our client has suffered as a result of their traumatic injuries. Examples of economic damages are:

• Past, present, and future medical expenses, including rehabilitation, home care, medication, and life care expenses
• Past, present, and future loss of income (or loss of earnings opportunities)
• Loss of earning capacity
• Loss of household work services
• Cost of replacement services

The calculation of non-economic damages weighs heavily on making sure we obtain a fair and full settlement or award. The major categories of non-economic damages include:

• Loss of health
• Pain, suffering, and discomfort
• Permanent and permanent partial disability
• Loss of quality of life