Routine truck maintenance is mandated by Federal Motor Carrier Safety Administration (FMCSA) regulations. This includes properly securing loads prior to transit.
Improperly loaded freight can result in truck rollover accidents and spilled cargo. The FMCSA regulations clearly establish guidelines for trucking companies to avoid load-shift problems. However, if such a shift does occur and it leads to an accident it may be difficult to prove negligence on the part of the truck driver or the trucking company. An experienced Clayton County truck accident attorney can pursue the evidence necessary for truck accident victims.
Shane Smith Law Can Help Secure Evidence
Proving who is at fault in a load-shift accident may require extensive review of the trucking company's documents. An attorney will send a spoliation letter to a trucking company after an accident involving an 18-wheeler or other commercial truck. "Spoliation" is the destruction, concealment, loss or alteration of evidence and is illegal. A spoliation letter puts the trucking company on notice that it must preserve evidence related to the accident because an accident victim has a claim against the company. The accident-related evidence may subsequently be requested by the victim's attorney.
Depositions and trucking records may be sought from the trucking company or the truck's owners (frequently the cab and trailer are owned by different parties). Trucking company employees, the truck driver and those who loaded the cargo may be questioned. Prior load-shift violations may be researched to develop a pattern of negligence. Mandatory driver logs, weight registers and maintenance checks may also be reviewed. Event Data Recorders (EDRs) can be demanded for speed records near the time of the accident; this can be pertinent in cases where extreme load weights mandate slower speeds, particularly when turning or braking. Equipment used in securing loads can also be researched to compare manufacturer recommendations with the product's use at the time of the accident.
Contact a Clayton County Wrongful Death Attorney at Shane Smith Law
Commercial truck accidents can cause catastrophic injuries or death. Accident survivors may be entitled to reimbursements for medical expenses, loss of income and other damages from the trucking company, the driver or insurance companies.
If your loved one is killed in a truck accident you may be entitled to your relative's medical expenses and loss of income as well as compensation for his pain and suffering endured before death, funeral expenses, the family's loss of companionship and other damages.