The Complexity of Trucking Crash Litigation

The Complexity of Trucking Crash Litigation

Litigation involving a tractor-trailer/commercial motor vehicle is sometimes complicated as they involve multiple legal issues, various facts/circumstances surrounding the occurrence and a complex interaction of state and federal law. Due to the nature of many of these cases involving a much larger commercial motor vehicle, most involve significant damage claims such as death, catastrophic injuries (e.g., lost limbs) and/or complex injuries (e.g., brain trauma).

Due to the high stakes and complexities involved in commercial motor vehicle cases, they can be among the most sophisticated and gratifying cases a lawyer can handle. We at Bordas and Bordas regularly handle cases involving all kinds of commercial motor vehicles.  We are well versed in the federal requirements governing the trucking industry and the necessary training truck drivers should be provided by their employers. We constantly preach the need rapid action when it comes to handling these kinds of cases. I was a defense lawyer for over 15-years and represented commercial carriers in catastrophic loss collision throughout the United States. I have firsthand knowledge that trucking companies, their insurance carriers and their attorneys understand the need for swift action, as it is the norm for defense lawyers in the trucking industry to actively market their ability to place a “rapid response” investigation team at the collision site as soon as the truck company or insurer reports the loss. I found myself, on more occasions than I want to admit, getting a telephone call moments after a catastrophic collision and being retained by a trucking company to investigate the collision, retain an investigator to speak to witnesses, interview our driver, preserve evidence and retain an expert to immediately visit the scene and inspect the involved equipment. I knew everything about the collision within hours after it happened and knew the intricacies of the truck driver’s actions within 24-hours. Doesn’t that place the trucking company at an advantage if litigation is necessary? The short answer is, YES!!!

As soon as Bordas and Bordas agrees to represent a client who has been injured in a truck accident, we work to discover as much as possible about the facts of the accident. The availability and accuracy of information quickly deteriorates after an accident, therefore an extremely expeditious information gathering process is critical. I implement the same strategy that I did as a defense lawyer, and if we are called early enough, we are typically successful at getting the necessary evidence preserved before it can be destroyed. If you or a loved one has been injured in a collision involving a commercial motor vehicle, please immediately call us and we will immediately begin our efforts to preserve necessary evidence to assist in prosecuting your case.

Image courtesy of Unsplash.

Today's blog: Have you, or someone you know, ever been involved in a tractor-trailer collision? Litigation involving these types of unfortunate instances can be lengthy due to often complex interactions of state and federal law(s).