According to the US Department of Transportation, there are more than 2 million tractor-trailer trucks on the road in the U.S. Unfortunately, there are over 530,000 accidents involving large trucks each year. Approximately 112,000 of these result in significant injury. More than 5,000 people are killed in tractor-trailer collisions each year.
The FMCSA has many regulations for truck drivers that aim to reduce the chances of an accident. One of the most well known set if regulations is call the hours of service regulation. These rules are aimed at preventing fatigued driving, a major cause of accidents on the road. According to these rules:
Recovering proper compensation after a truck accident without the help of an experienced attorney on your side can be very difficult. Trucking companies are usually backed by top-tier law firms who are hired to protect their company, and in turn, keep you from recovering the compensation you deserve and need to cover your medical expenses. The attorneys at Weiner, Spivey & Miller, PLC are experienced in handling truck accident claims and know what to expect during the entire process. We can walk you through what you need to know so you can rest easy, knowing your case is in good hands. Call us today to learn more about how we can help you.
A truck driver is not often the one who is held legally liable for after a truck accident, in fact it’s most often the trucking company who is. The main reason for this is that it is often discovered that trucking companies encourage or pressure their drivers to break trucking regulations in order to save their company money.
Sometimes the truck driver is the one held liable especially if the accident was caused by their negligence, such as driving while drunk. There are other parties that can be held liable, although it happens less often, such as a cargo loading team or truck manufacturer. The legal team at Weiner, Spivey & Miller, PLC is experienced in investigating truck accident claims and is ready to help you. Call us today!
Most people have heard of a “black box” when it’s associated with a plane crash. An airplane’s “black box” is called a flight recorder. But did you know that the car or truck you drive also has a black box? An automotive black box is commonly referred to as an event data recorder (EDR). The EDR continuously records information but it overwrites the previous few minutes until an event occurs that locks the data in place. The event is usually a crash that results in a sudden change in wheel speed. The data can reveal important information about the operation of the vehicle for several minutes before the event occurred such as speed, braking, steering angle, and seat-belt use. The EDR may continue to record for a short time after the event.
After a severe crash, particularly involving loss of life, the EDR data may be accessed by the Police. Access to data from an EDR requires specialized hardware and software to “image” the data. Because the data can be lost unless it is accessed quickly, time is of the essence and accident victims or their family members should consult counsel as soon as possible after a severe crash.
Attorney Eugene C. Miller from our firm has experience in using black box data from truck accidents. The firm’s staff located one of the vehicles in a local salvage yard. Mr. Miller was able to gain access to the vehicle and an expert retained just for that purpose by Mr. Miller was able to image the data from the vehicle’s EDR. The data revealed that the driver of vehicle had been speeding prior to and at the time of the impact and had never applied his brakes before impact. The negligence of the driver of that vehicle will now be provable in the absence of eyewitness testimony. The data will help establish liability for the crash and will be extremely helpful to Mr. Miller in order to obtain reasonable compensation for the injured victims.
If you have been injured in a truck accident, it is critical to get legal advice to help you obtain the compensation you need and deserve for your injuries, medical bills and lost wages. The quality of representation you have during this difficult time will have a direct impact on if, and how much, you are compensated.
Weiner, Spivey & Miller has the experience, resources and tenacity to fight for you. Our attorneys have over 190 years of combined experience in advocating for the injured. That level of experience has resulted in substantial settlements and jury awards for our clients, and has earned our firm the respect of our legal colleagues.
Commercial Truck Accident Causes Permanent Injuries:
James, was a passenger in a car travelling through an intersection on a green light. The defendant truck driver was travelling in the opposite direction and was looking at his cell phone. The truck driver turned left, directly into the path of the car in which James was riding. As a result of the collision, James suffered permanent injuries, including fractures to his spine, foot and knee. He was in a body brace for an extended period and required multiple surgeries. Gene Miller and Ed Weiner negotiated a $1,300,000 settlement for James.
92 Year-Old Pedestrian Struck by a Delivery Truck:
On Christmas Eve afternoon, 92 year-old Nate left home for his daily ritual -- a 1.5 mile walk in Reston. As he stepped off the curb into the crosswalk (on the “Walk” signal), he was struck by an express delivery truck making a right turn. Nate was critically injured and spent months in the hospital and in a rehab facility before returning home. While he was still able to move around his home, Nate was no longer able to go on his daily walks. Ed Weiner negotiated with the large international delivery company and got Nate a settlement in excess of $1,000,000.
Septic Company Held Liable for Crash:
Samuel's car was T-boned (struck broadside), when the defendant driver of a tanker truck ran a red light and collided with Samuel's car. He suffered severe back and neck injuries. Although he was in significant pain, his doctors advised against surgery. The final offer from the defendant's insurance company was $100,000. At trial, Ed Weiner and Lawson Spivey were able to show the jury that the defendant septic company had a long history of poorly-maintained vehicles. At the conclusion of the trial, a jury awarded Samuel $390,000, which included punitive damages due to the company's poor maintenance of their vehicles.
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