Tennessee Truck Injury Lawyer & Attorney : Morgan Adams : Trucking Accident, Truck DUI DWI, Semi-Truck Accidents

AT THE SCENE OF THE ACCIDENT:

1. The first thing is to make sure everyone is safe, call 911, and to get out of the roadway. You shouldn't move your car, unless the damage and injuries are minor, until the police arrive.
2. Take photographs if possible. Consider the trucks tires, skid marks, the damaged area of the vehicles,
3. Get a copy of any identifying information (names and numbers) on the cab and the trailer. Generally the DOT numbers on the cab and the trailer are different.
4. Get a copy of the license plate.
5. Obtain Driver information (name, state and license number of the driver, and any insurance information.
6. Obtain any witness information (Name, work and home address and phone numbers as well as any cell phone and an emergency contact. Witness' are critical to your case and finding them after a wreck can be very difficult. Don't trust the police to write it down.)
7. Get a copy of the police report number and the names of the police officers at the scene.
8. Measure any skid marks at the scene.
9. DO NOT GIVE A STATEMENT UNTIL YOU CAN GIVE A FULL AND COMPLETE STATEMENT WITH YOUR LAWYER. Insurance company employees have learned to ask questions that help the company and leave out significant facts which would help your case. The tape recorded statement will then be used to show you "made up" this information at a later date. DO give the police the facts of the collision but avoid any speculation.
10. Insurance Companies will have investigators on the scene ASAP. They are trained to be friendly in order to elicit information from victims. They create a false sense of security that "everything Will be taken care of" while they methodically work to eliminate any chance you have of a full recovery for your injuries. They are hired to protect the trucking and insurance companies legal and monetary interests, not yours!

ONCE YOU LEAVE THE SCENE OF THE ACCIDENT:

1. CALL AN EXPERIENCED TRUCKING LAWYER ASAP!
2. Go to the Doctor and get examined.
3. Get a copy of the police report.
4. Get photo's of your car and the truck if at all possible and you have not already done so. Generally it is better if you are not in the photographs and you can get someone else to take the photo's.
5. Understand that due to adrenaline and shock it may take several hours or days before the full impact of a collision is felt by you. If you need to see a doctor GO! Many people have been hurt by waiting, "hoping it gets better" or that they can "tough it out."
6. Obtain a copy of your auto insurance and your health insurance policies.
7. Use your health insurance to pay the bills and use any MedPay benefits you may have through your Auto policy to repay any deductibles or co-pays you might have paid out-of-pocket with your medical providers.

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Plaintiff alleged, amongst other things that the trucking company was negligent in failing to install side under-ride guards on its trailers.

The defendants argued, as they did not manufacture or design the trailer, they had no liability. The defendats moved to dismiss the allegation under a 12(b)(6) motion to dismiss which deals with frivolous litigation.

The court held that it would not dismiss the case. The court finding that the plaintiffs allegations, if true, that the trucking company purchases large number of trailers and is in a position to request design features such as side under-ride guards wopuld be sufficient to establish a duty to the palintiff. Moreover, the plaintiff alleged that the company knew that the space under the trailer is such that any car involved in a wreck would have serious injuries to the passengers.

The plaintiffs therefore established that a duty was owed by the defendants to the plaintiffs sufficient to overrule a Motion to Dismiss.

Gregory S. Becker, et al v. Wabash National Corp., U.S. Dist. Ct., S.D. Texas, No, C-07-115 (2007)

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The Federal Motor Carrier Safety Administration (FMCSA) adopted more stringent standards for cargo securement last year. These standards help ensure the safety of truck drivers, and everyone else on the highways because if a load shifts the tractor trailer can roll over. Additionally, the load can simply fall off the truck with improper cargo securement so strengthening the rules requiring greater cargo securement makes everyone safer.

Unfortunately on September 28, 2007 the FMCSA weakened the rules in regards to hay bales. Instead of straps every 10' the new regulation requires one strap for a 32' trailer and two if the trailer is between 32' and 48'.

Having moved my fair share of hay bales into the second floor of barns, I can tell you there is nothing funny about a 40-50 pound hay bale bouncing towards you on the highway. I think this is a bad decision and someone will die as a result.

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Last Friday I had the pleasure to chair the 2007 Trucking Litigation Seminar for the Tennessee Trial Lawyers. I have been the chair of this program for the last five years and believe we truly have had the best experts and lawyers in the country appear at the program. I think the lawyers who attended the seminar agreed based on the feedback I heard and the written evaluations given to the Tennessee Trial Lawyers.

While I spoke on the application of the Federal Motor Carrier Safety Regulations to litigation, and the critical need for lawyers to be familiar with these regulations prior to accepting a tractor trailer case, the other presenters had superb programs, better than I had any right to expect. 

I was pleased to note a record turnout with lawyers from many states present including a few that had flown in for the seminar. I would like to thank each of the speakers for their incredible presentations. It was clear they worked hard on their materials. The presenters included:

John Moore a Certified Safety Director with years of experience and insider knowledge about the trucking industry. His lecture on trucking company documents for the litigator provided critical information to anyone handling a trucking case. John can be reached through Ruhl Forensics www.ruhl.com

Dan Ramsdell is a nationally known trucking litigation attorney and author who achieved great recognition for his results in a truck backup case and the faulty design of a trucking terminal. He spoke to the group on backup cases. Dan works out of his office in Missiouri and can be reached at: www.ramsdelllawfirmllc.com

Michael Leizerman is the author of one of the three best books on trucking litigation in the country. In addition to his incredible book, he is an incredible attorney. He spoke on obtaining punitive damages against trucking companies that put dangerous drivers and defective trucks on the highways risking the lives of everyone on the road. He was preaching to the choir with me as I think these companies should be run out of business. Michael runs his practice out of Ohio and can be reached at: www.truckaccidents.com

Richard Traulsen is a past president of the American Association of Justice Interstate Trucking Litigation Group and lives and works in Arizona. He has lectured across the country on trucking litigation topics and is a recognized expert in the area. His insightful presentation on using the Federal Motor Carrier Safety Regulations in jury instructions and as a basis for negligence per se is as good as it gets in legal education. Richard can be reached at: www.begamlaw.com

Richard Jenson is one of the premier jury consultants in the United States. He has a special emphasis on trucking litigation and has actively fought for victims rights in this area. His insightful comments on  jury bias' and attitudes when a tractor trailer is involved in a collision was not to be missed. Richard is one of the experts that anyone trying a tractor trailer case should consult. He can be reached at: jensonresearch.com

Jeff Burns has been called America's Trucking Lawyer for all the hard work he has put into making the roads and highways of America safer. A superb trial lawyer, one of the best of his generation in trucking cases, Jeff's law practice takes him from his home in Kansas City across the nation. He can be reached at: www.dollar-law.com

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Since trucking companies are highly regulated, a great deal of information may be obtained from the Federal Government. MCS-90 endorsements may show insurance limits, information on safety ratings and roadside inspections may also be obtained. This information  can be very helpful and experienced trucking lawyers request this information as a matter of course.

A FOIA request for trucking company information can be made online at: www.fmcsa.dot.gov/foia

I will be happy to supply my firms standard FOIA letter, which requests detailed specific information from the federal government regarding trucking companies, to anyone who wishes a copy. Please send me an email through the "contact" screen.

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A crash involving 11 vehicles on Interstate 75 resulted in two deaths this morning, Oct 1, 2007, in Sarasota, Fl.

James P. Brashear, 42, of Sarasota, and Manuel R. Ramirez, 54 of Miami, were both killed at about 12:30 a.m. Monday in a road construction area when a semi-tractor trailer collided with several vehicles.

The driver of the semi, Pablo A. Merlos, 33, of Miami failed to stop and continued colliding with vehicles.

There were a total of 12 people injured, including one patient who was flown to Bayfront Medical Center in St. Petersburg from the scene just north of Bee Ridge Road in Sarasota. Four patients were transported to the Doctor's Hospital of Sarasota with minor injuries, according to the Florida Highway Patrol.

Lyn Cassan, director of marketing for the Doctor's Hospital, said she could not release the condition of crash victims.

Florida Highway Patrol Lt. Doug Dodson said the crash was under investigation.

"The construction crew along with Florida Highway Patrol was operating with a running road block to slow the traffic down because they were going to a lane transfer," he said. "Traffic started backing up northbound. A tractor trailer failed to stop striking multiple vehicles."

A lane of traffic was closed for seven hours, Dodson said. 

See the full story at: www.bradenton.com/breakingnews/story/160682.html

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The U.S. Court of Appeals for the District of Columbia Circuit has granted a 90 day stay of its decision to eliminate the 11-hour daily driving limit and 34-hour restart provisions of the Hours-of-Service regulations, which govern truck driver work and rest periods.

The Department of Transportation and the Federal Motor Carrier Safety Administration are expected to issue an Interim Final Rule within that time period.

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