As I wrote back in 2013, driver error is a leading cause of truck accidents. As the summer driving season is just about here, it is important to consider driver error in more detail, making sure that we understand it and how we can keep ourselves safe on the roads.

DRIVER ERROR COMES IN MANY SHAPES AND SIZES

The Federal Motor Carrier Safety Administration (FMCSA) reports that driver error is ten times more likely to be the cause of the crash than any of other factors contributing to a truck accident. This makes driver error the primary concern of safety advocates.

Given its wide-ranging nature, driver error can take a new of different forms, most of which are not exclusive of the others. Some of the causes of truck driver error can manifest themselves are:

• Driver fatigue
• Districted driving
• Texting while driving
• Talking on the phone
• Substance abuse (both drug and alcohol)

Any one of these safety factors can lead to increased risk of a crash, based on the truck driver’s reduced capacity to respond to conditions and the situation on the road.

DRIVER ERROR: REDUCED DRIVER PERFORMANCE

If a driver is tired, paying attention to a telephone conversation,  occupied with sending text messages on a smartphone, or operating the tractor-trailer while under the influence of drugs (either illegal substances or prescription medicine) or alcohol, then that driver is open to increased likelihood of committing the following dangerous acts:

• Speeding
• Following too closely
• Driving too fast for conditions (especially in poor weather conditions)
• Improper lane usage (drifting in and out of the lane)

MONITORING TRUCK DRIVER SAFETY

Following the release of new phone apps by the FMCSA, drivers can check on the safety record of any truck driver. The app, which is available for both iOs and Android phone, requires no log-in and immediately reveals whether the federal operating status of the carrier is authorized.

The QCMobile app is available for free on both Android and iOS devices. Visit the Apple App Store or Google Play to download QCMobile.

If you or someone you love has been injured in a truck crash and you are not sure if there was driver error contact the Whiting Law Group for a complimentary case evaluation.

With advanced mobile phones, surveillance and property management cameras and 24-hour news reporting, video evidence is a significant part of many truck accident investigations. Securing video evidence must be a priority for truck accident attorneys when responding to a new case.

VIDEO EVIDENCE IS EVERYWHERE

With the omnipresence of video recording devices in modern society, there are many areas in which truck accident lawyers should be seeking to preserve and obtain video evidence. The following are just a few suggestions when securing video evidence.

• Video footage from any truck-mounted safety cameras
• Video footage that the driver, trucking company, insurance company representative or other stakeholder might have taken of the scene or of events leading up to, during or following the truck crash
• Police video footage (from in-car cameras, body-mounted cameras and shot by traffic accident investigators)
• Video footage shot by witnesses and passers-by, perhaps even shared via social media (like Facebook, Twitter and YouTube).

LETTERS FOR SECURING VIDEO EVIDENCE

At Whiting Law Group, a key step in the early stages of our truck accident investigation process is to serve what are called letters of spoliation — formal requests for the defendants to secure and preserve evidence relating to the truck accident. We send these letters to the truck driver, the trucking company and other parties involved in the crash or the litigation. It is very important to provide as detailed and comprehensive a list as possible so that all the relevant evidence can be secured for review by our emergency response truck accident investigation team.

The value of video evidence in the courtroom has long been established. It is therefore incumbent on truck accident lawyers to do everything in their power to locate, secure and preserve that evidence. The success of the case might just rest up on that.

Earlier this month, I was delighted to deliver a Continuing Legal Education seminar to a room full of truck accident lawyers on the emerging topic of Shipper Liability. As part of the APITLA National Interstate Trucking Conference, Super Summit III — Top Guns, I spoke about how to work up a shipper liability case, how to argue it in court and some of the emerging case law in the new and exciting area.

SHIPPER LIABILITY

Even seasoned personal injury attorneys are often surprised when they first hear about shipper liability in truck accident cases. Yet this important area of liability is an important avenue in the pursuit of justice for the wrongly harmed or killed. As a truck accident lawyer, I’ve already been involved in several cases with a shipper liability component. It is from this experience, that I delivered my own presentation, entitled How to Win a Case Against a Shipper, the slides for which are below.

How to Win a Shipper Liability Case (PDF: 2.5MB)

ADDITIONAL SHIPPER LIABILITY RESOURCES

As a member of APITLA, I really am committed to making our roads safer through education, legislation and litigation. That interest is certainly a key reason why I created a number of resources to help other lawyers wishing to address shipper liability in their own respective cases. The following are just a couple of such educational materials.

• Blog post: Proving Shipper Liability
• Short video: Proving Shipper Liability in Truck Accident Cases

If you’re an attorney and would like to discuss shipper liability issues – or any other complex issues – with your case, I invite you to contact me directly on 1-877-936-7200 or via email at [email protected].

When the widowed spouse of a truck driver killed in a truck accident reached out to the firm earlier this month, Whiting Law Group brought its full experience, skill and resources to act quickly on behalf of the victim. Within 24 hours of being retained, Timothy M. Whiting and the firm’s emergency response truck accident investigation team opened an investigation, secured critical evidence and filed suit to preserve that key evidence.

A TRAGIC TRUCK ACCIDENT IN GALLATIN CO.

On a sunny Tuesday morning, William H. Rigsby was at work, driving his truck on Rte. 45 in Gallatin Co., in southern Illinois. Heading in the opposite direction, Thomas E. Woodworth was driving a truck owned by Britton Trucking, Inc., based in Mounds, Illinois. As the two semi tractor-trailers approached each other, a wheel from Woodworth’s truck fell off and struck Mr. Rigsby’s truck, causing it to burst into flame, veer off the road and slam into a tree. Sadly, Mr. Rigsby died in the crash.

URGENTLY SECURING CRITICAL EVIDENCE

To stop vital evidence from being destroyed, Whiting Law Group filed suit against the defendant truck driver and trucking company on the very same day that the firm’s emergency response truck accident investigation team got to work. The firm also filed a petition with the court to secure and preserve that evidence prior to it being destroyed or lost. Within that first 24-hour period, the Whiting Law Group Emergency Response Truck Accident Investigation Team identified a number of key pieces of evidence that were under direct threat of destruction.

A PREVENTABLE TRUCK CRASH

Following the initial investigation, the firm’s lead Truck Accident Attorney, Timothy M. Whiting, reflected on the case:

“Mr. Rigsby’s loss was utterly tragic and entirely preventable. Our truck accident trial team will expend every effort and resource necessary to secure full justice for Mrs. Rigsby and her family.”

Mr. Whiting is a nationally recognized truck accident attorney. He sits on the National Advisory Board of APITLA and serves on the Interstate Trucking Litigation Group of the American Association for Justice.

At 53 feet long and weighing as much as 80,000 pounds, the sheer size and weight of semi-tractor trailers pose inherent risks to the other vehicles on the road. For that reason, the Federal Motor Carrier Safety Administration (FMCSA) has spent more than 20 years developing trucking regulations to promote the safe transportation of goods. These important rules require higher safety standards for trucking companies and driver because of the size and weight of those big rigs. It makes sense that such a massive vehicle would be closely regulated and monitored given the potential for tragedy resulting from the unsafe operation or handling of a truck, its maintenance or its load.

Commercial truck drivers are trained on the FMCSA regulations. They are required to pass tests and certifications before being legally allowed to drive the big rigs. Trucking companies have a lengthy list of training, inspection and maintenance requirements in order to send their rigs onto the public roadways. Given the responsibility truck drivers and trucking companies have for the safe movement of those big trucks, it’s very important that there are strict guidelines in place to dictate the safe operation and maintenance of commercial trucks. Higher safety standards for trucking companies and truck drivers is very much in the interest of public safety.

INCREASING SAFETY THROUGH EDUCATION AND LEGISLATION

As trucking lawyers, we have a number of avenues to push for higher safety standards for trucking companies and drivers. We join and support groups and organizations that promote trucking safety in a range of areas. At Whiting Law Group, we are proud to be active members of both the American Association for Justice’s Interstate Trucking Group and the Association of Plaintiff Interstate Trucking Lawyers of America (APITLA). Both organizations are committed to reducing the risk and dangers of the trucking industry through the dedicated pursuit of safety education and legislation.

While there are a number of legislative and national causes we’re working to support, there are two I want to flag up here:

• We consistently call for the dedication of more federal funding for enforcement agents to inspect the trucks while on the roadway.
• We are demanding an increase in insurance minimums for trucks that operate on public roadways; the current insurance levels have not been updated in over 30 years and often leave victims without adequate coverage of their medical bills and fair compensation for their loss.

THE POWER AND VALUE OF LITIGATION

There is another tool available to demand higher safety standards for trucking companies and lawyers: litigation. As lawyers, we work to hold negligent truck drivers and trucking companies accountable for their failure to follow the federal safety regulations. Making wrong-doers pay for their carelessness or selfish actions not only brings severe consequences for the immediate wrong-doers, but it also sends a message to the wider industry that such gross violations of the safety regulations will prove costly.

Yet, litigation is about much more than just obtaining financial compensation. In fact, final compensation is a poor replacement indeed for the loss of one’s father, mother, husband, wife or children. The primary aim of litigation against negligent wrong-doers is the pursuit of justice for the victims and their families. Holding the defendants to account, in a court of law, is a matter of great significance to victims and their families.

As a member of the National Advisory Board of APITLA, I have joined forces with other trucking lawyers to share resources, expertise and trucking experts to help victims obtain full justice against the truck company and driver who chose to ignore safety regulations – a choice which caused significant harm to the victims and their families.

A PERSONAL COMMITMENT TO HIGHER SAFETY STANDARDS FOR TRUCKING COMPANIES

I have been representing victims of truck crashes for over 10 years now. I have seen too many families torn apart by death or permanent injury to sit back and allow these truck companies and drivers to choose to ignore safety regulations designed to prevent collisions for profit motivated reasons and lack of enforcement resources.

I have had enough and have committed myself to be the best trucking lawyer in the country so that truck companies and drivers either know they will be severely punished if they see me on the other side of a case or because of our expertise in holding them accountable when their choices to ignore these regulations leads to a tragic truck crash.

I have committed my practice to defend victims of trucking crashes and holding trucks accountable when they cause harm to others when it could have been avoided by a simple choice to follow the safety minded regulations designed to prevent such crashes.

Within the wider scope of personal injury law, the investigation and litigation of truck accidents presents a host of complex issues and challenges. While even the most seasoned truck accident lawyer can struggle with truck accident cases, the inner workings of pursuing justice for those wrongly injured or killed in such crashes often prove beyond the skills of general practitioners.
While there are not ready statistics to put a exact number on it, there are plenty of examples where bringing on a leading truck accident lawyer in a truck crash case can add significant value to your and your client’s case.

After almost 20 years of working as a personal injury lawyer, I have come to appreciate the value that an attorney who focuses on a particular area of litigation can bring to the legal arena. With respect to truck crash litigation, a skilled and experienced truck accident attorney should can the following resources:

1. Experience with trucks and truck issues
2. Thorough understanding of the various theories of liability, including the potential parties in the chain with responsibility for the truck accident
3. In-depth knowledge of the complexity of truck safety rules, laws and guidelines that govern the trucking industry
4. An existing team of trucking experts and investigators

TRUCKS ARE COMPLICATED MACHINES

Weighing upwards of 65,000 to 80,000 lbs., the massive tractor-trailers that rumble down our highways are complex machines, often with advanced onboard computer systems. While invaluable to the transport of goods and products, they present significant safety concerns in a variety of ways including design, manufacturing and the maintenance process.

A truck accident trial lawyer will have a solid knowledge and understanding of these machines, what their design shortcomings might be, how the manufacturing process should proceed and what recommended maintenance schedules should be. This familiarity with the trucks as machines is a “must have” when considering responsibility and fault in heavy truck accident litigation.

AN OCEAN OF TRUCKING LAWS AND GUIDELINES

The Department of Transportation, the Federal Motor Carrier Safety Administration, the National Transportation Board and countless other federal, state and local governmental bodies issues laws, rules and guidelines covering the proper and safe operation and maintenance of trucks. These rules are regularly updated and refreshed in light of not only new technology, but also, sadly as a result of tragic crashes and incidents.

Any truck accident lawyer worth their salt will know these guidelines backwards and forwards. They will keep themselves abreast of the changes and will possess keen insight into what those changes will mean for truck drivers, trucking companies, truck maintenance providers and even for others on the road.

An experienced truck accident attorney can use this knowledge prove the truck drivers and truck company’s training in and knowledge of these rules. Experience truck accident attorneys can prove that a truck driver or trucking company “chose” to ignore these important rules, focusing on profit over public safety. These selfish and illegal “choices” can add significant value to any trucking crash case – and can even result in punitive damages.

ON CALL TRUCK ACCIDENT INVESTIGATORS AND EXPERTS

As with any vehicle accident case, the quality of a case often hinges on the quality of the investigation. For truck accident cases, this is especially true. Getting experienced and skilled investigators on scene, collecting data and documenting evidence is of paramount importance to a successful case.

Once the evidence is collected, it needs to be reviewed and studied by trucking experts and accident reconstruction specialists. These experts and specialists provide key analysis into the causes of a truck crash, what happened during a crash and how a crash could have been avoided.

The assembly and maintenance of an emergency response truck accident investigation team takes years of handling serious trucking accidents and considerable resources – resources that a successful truck accident attorney can bring to a case.

A FIRM OF TRUCK ACCIDENT LAWYERS

I take great pride in the success that my firm, Whiting Law Group, has delivered over the years. We’ve secured more than $100 million in verdicts and settlements for our clients in states across the US. We have delivered record-setting settlements for clients in very difficult cases. I invite you to contact me directly to discuss how Whiting Law Group might can value to your next truck crash case.