When any one of our personal injury attorneys are not working or in the office or in court they are on the road visiting clients or investigating cases. With that much time on the road, all of us here at Ledger & Associates see our share of catastrophic trucking accidents. Not too long ago one of our attorneys saw a truck roll over on top if a passenger vehicle. Apparently, the tractor hitch loosened from the trailer, became unsafe, rolled over and nearly crushed the passenger side of a car. Ensuring the trailer is securely attached to the truck requires the most basic of safety and equipment checks. This check may not have been performed by the driver, which could have resulted in property and human loss. While the passengers in the car were not seriously injured, it spurred on some further thought which we have all seen in the numerous trucking injury accident cases we have successfully won on behalf of our clients.
Federal law stipulates that all big rig operators adhere to safety and equipment checks each and every time they take to the road. These laws are quite stringent and apply to anytime the truck takes to the road. Even if the driver pulls over for a meal or to rest, they are “supposed” to walk through a list of safety checks to ensure that the rig is 100% safe. If the cause of the rolled over truck – and potentially catastrophic damages – was due to the driver not following safety rules, then the driver and the company that owns the truck may be negligent and liable for damages.
In this case, like many our trucking accident lawyers see, the consequences of a loaded trailer becoming dislodged on a busy highway could have caused one or many fatalities.
It is possible those safety checks were not performed. In cases like this, our commercial truck accident lawyers would request the truck and trailer be preserved so an expert can determine the cause of this failure and as importantly, we would request to look at the driving logs, service and safety checklists. The drivers and the owners are required to retain these records for specific periods of time. What most truck accident victims don’t realize is that after this time period lapses, the driver and the company destroy those safety, maintenance and driving records. In negligent truck accident personal injury cases – especially when significant property loss or human injury exists – the lesson for all drivers to learn is quite simple: time is of the essence. If you have the victim of a trucking accident, it is imperative that you contact a qualified, aggressive trucking accident law firm as soon as possible.
