Many personal injury lawyers treat truck wreck cases as if they were simply big car wreck cases; and in so doing, they miss unique opportunities to maximize results for their clients. The focus of my practice is handling truck crash cases in Georgia and around the country (I have handled cases in over 25 States), usually on referral from, or in a co-counsel arrangement with, other personal injury lawyers. In this process, I have worked with many great lawyers and have learned a tremendous amount about how to best handle truck crash cases. I've developed a few tips that will help personal injury lawyers maximize recoveries in truck collision cases.
Tip#3 - What Rules Apply?
Another mistake that I have often seen plaintiff lawyers make has to do with what rules apply in truck crash cases. Many lawyers apply the same rules of the road that apply in car cases. While these rules of the road do apply, there is an entire set of regulations and many additional industry standard that apply to truck drivers and entities that employ them that go beyond the rules of the road.
Anyone handling a truck crash cases should familiarize themselves with the Federal Motor Carrier Safety Regulations (FMCSRs). The FMCSRs apply to all nonexempt trucks operating in interstate commerce. States typically adopt these same safety regulations (with some state specific modifications) into state law to govern intrastate operation of trucks. So, don’t be fooled into thinking that “the regs” don’t apply to intrastate cases. Space will not allow for a detailed review of those regulations here, but you should appreciate that these regulations are broad, detailed, and apply to just about every aspect of the trucking industry. What is important in a particular case will depend on the unique facts of that case.
I've battled some of the most powerful trucking companies to obtain justice for victims of catastrophic injuries or wrongful death. As a former police officer, I rely on my investigative and forensic skills in combination with cutting-edge work in psychodrama and communication theories to find the truth behind every case. I'm a board member of the Association of Plaintiff Interstate Trucking Lawyers of America, and I was the first lawyer in Georgia certified by APITL America as a specialist in handling truck accident cases. I'm also an officer in the Interstate Trucking Litigation Group (ITLG) and founding member of the Truck Accident Attorneys Roundtable.
Content by Joe Fried mylawyerjoe@gmail.com