A truck accident is a devastating experience. You and your loved ones may suffer serious and disabling injuries that can require expensive and lifelong medical treatments. Not to mention, truck accidents are often legally complicated because of industry regulations and the number of parties who are responsible for trucks, including truck drivers, owners, brokers, and insurance companies.
Do not let the legal system or insurance companies intimidate you into giving up your rights after a truck accident. At DeLuca Maucher, our tractor-trailer accident attorneys have years of experience dealing with truck accidents, and we understand what it takes to win. We are skilled in understanding the complex rules and regulations pertaining to commercial vehicles. This means there is a greater chance our clients achieve a full and fair recovery for their injuries and damages. We are always ready to fight for our clients rightsâ€”even if it means going to trial.
One of the common causes of tractor-trailer accidents is driver fatigue and substance abuse. There are laws in place, which limit the number of hours that a truck driver can drive within a 24-hour period. Despite these rules and regulations, truck drivers often push their bodies beyond reasonable limits. This can result in a horrible accident and hazard on the roadways. When our experienced attorneys investigate a tractor-trailer collision, it is not uncommon for us to discover log books that are inconsistent with the hours driven by the driver, inconsistencies between the dispatch route and the fuel receipts, and inconsistencies between driver logs and odometer readings.
During our investigation, we look to the Fleet Safety Program, as well as the supervision by the employer. We also look at company driver manuals, company training aids, and investigate the education and training of the driver, including a review of the driver s safety records and infractions.
After tractor-trailer collisions, truck drivers are required to submit to drug and alcohol testing to identify whether these substances played a contributing part to the collision. It has been well documented that drivers under the influence of alcohol or drugs have been involved in about half of all fatal traffic accidents.
Whenever the attorneys at DeLuca Maucher investigate a collision involving a truck driver who has tested positive for drugs or alcohol, we also investigate the company to determine whether the motor vehicle carrier had established procedures to effectively control this societal problem within its organization. The Tractor Trailer lawyersCharleston Lawyers at DeLuca Maucher check the personnel file of all drivers to see if the employer thoroughly checked for evidence of drinking or substance abuse problems during the hiring process. We also investigate and evaluate the motor carrier s policies and procedures regarding educating drivers about the ways in which drinking and substance abuse affect driver performance.
The Truck Accident Attorneys at DeLuca Maucher have successfully litigated a tractor-trailer collision that resulted in a client of our firm becoming comatose. The Tractor Trailer Attorneys at DeLuca Maucher were able to demonstrate that the tractor-trailer driver was unfit for duty because of a medical condition (diabetes) that was not fully disclosed to company doctors, which made the driver unfit for duty. Section 391.41 of the Federal Motor Carrier Safety Regulations (Physical Qualifications For Drivers) states that a Commercial Truck Driver is not physically qualified to drive a commercial motor vehicle if he has an established medical history or clinical diagnosis of diabetes mellitus currently requiring insulin for control. The Law Firm of DeLuca Maucher successfully settled our client s claim in excess of $20,000,000.00, an amount which allowed for top notch medical care for the client for the rest of his life.
Commercial truck drivers are required to keep logs which document their hours of service. The Tractor Trailer Accident Attorneys at DeLuca Maucher have successfully proven that a commercial truck driver who was involved in an accident with a client of our firm falsified his hours of service logs, which contributed to the accident. Unfortunately, falsifying logs of hours of service is very common, and the Tractor Trailer Accident Attorneys of DeLuca Maucher have successfully pursued claims on behalf of clients of our firm on many occasions by proving that the at-fault truck driver had falsified logs.
The Tractor Trailer Accident Attorneys of DeLuca Maucher are familiar with the rules, regulations, and laws applicable to commercial motor vehicles. Our attorneys are also familiar with the wheel assemblies and other technical aspects of a commercial motor vehicle. The Law Firm of DeLuca Maucher was successful in negotiating a settlement in excess of $1,000,000.00 in a claim involving a tractor-trailer wheel that detached from a moving truck, causing death to a pedestrian.
Vehicle lighting of tractors and trailers is often times a legal issue that must be assessed in determining fault of the driver of the tractor trailer. Because of their length, large commercial vehicles are required to have proper lighting, reflectors, reflective tape, and other visibility devices to alert other motorists to their presence. The Attorneys at DeLuca Maucher analyze any tractor trailer collision to determine if a lack of visibility was a contributing factor to the collision. The Attorneys at DeLuca Maucher hire engineering experts to assist them in representing their clients on issues involving forensic aspects of driver perception and response.
Tractor-trailer collisions occur also as a result of overloading, poor load distribution, and a lack of clearance under fixed objects. Off-set loads can dislodge and strike vehicles, or even cause tractor trailers to roll over and crush cars due to poor load distribution. The Tractor Trailer Accident Attorneys at DeLuca Maucher often hire experts in the field to prove negligence in these areas and help our clients achieve a maximum recovery for their injury.
If you, a friend, a co-worker, or a loved one has been in an accident with a tractor trailer, call the Tractor Trailer Accident Attorneys at the Law Firm of DeLuca Maucher. We can help!