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Collisions involving commercial vehicles are far more likely than others to produce death or serious injury than car v. car collisions. Such vehicles can cause death and injury just by losing parts or cargo on the road. When tractor trailer, bus and commercial vehicle accidents occur it is essential to act quickly to secure evidence. A delay of even a few days can result in loss of crucial information. Every case will be vigorously defended as the insurer searches for any shred of evidence of comparative fault by the injured person or others. Law enforcement investigations often seem to tilt in favor of truckers. That is probably not true however, just as in motorcycle cases the victim of such crashes is often not the first one to tell his or her story, the trucker is. Nothing should be taken for granted. It is important to document what the law enforcement officers have and have not done in arriving at their conclusions. It is also important to make every effort to secure the "black box" from the truck and from any other vehicles. The information recorded in that little computer may prove invaluable particularly where inattention or excessive speed are suspected. All newer commercial vehicles contain modules that monitor onboard systems. Commonly the device is referred to as an engine control modual or ECM. Actually the systems in many trucks monitor more than just the engine. These small computers can record critical data about accelleration, decelleration, speed and braking. It can be expensive to buy and read these modules but it is well worth the expense. There will usually be a major rush to put the truck back in service so this is an expense the attorneys must be prepared to advance immediately. In many older trucks crucial "Black box" information can be lost if the power source for the data recorder is disconnected for any appreciable period of time. In newer vehicles repairs often dictate erasing the memory from engine control modules. One of the first parts of an investigation should be obtaining the data from the module. Physical evidence is almost always transient in nature. Skid marks, gouges, scrapes and other evidence disappears quickly. Within the first day it is important that the attorney and a qualified investigator, preferrably an engineer with much commercial vehicle experience, visit the scene immediately. They must also examine all vehicles involved carefully documenting their condition. Every effort should be made to secure the vehicles or at the least crucial evidence so it is not altered or lost. In some cases we buy one or more of the vehicles and store them until the case is resolved. In many cases suit is filed immediately and orders preserving evidence are secured. The early investigation must include careful interviews of every witness who can be identified. It is important to try to get interviews before witnesses are indoctrinated with the trucking company theory of fault. This is another reason the attorney must visit the scene, to identify potential witnesses. In one case during a visit to the scene counsel learned that a camper had been parked near the scene. The owner was identified as an avid fisherman known as "frog" who had no address outside his camper. Searching boat launches in the area the following spring counsel found a truck, camper and trailer adorned with a large frog hood ornament and decals. Frog was found. His testimony turned a difficult case into a settlement in excess of the policy limits. Time was when most truck drivers were seasoned professionals. Teamster's Union pride and efforts to improve quality of drivers and wages pushed toward professionalism. Promised pensions and living wage salaries kept drivers on the job as a career. Truck drivers could be counted on to be experienced and professional. With the explosion of truck transportation and effects of NAFTA this is no longer always true. In two recent cases the driver involved had less than a month of experience. One had failed his driving test several times, the other had a perfect score according to the company but he was unable to answer routine test questions when deposed and had never seen the test he supposedly aced. It is important to get the driver's logs, work and training history. Trucking regulations only require retention of these materials for a short time so time is of the essence. It is equally important to obtain all company policy manuals and statements, identify the safety officer and obtain internal investigations. One form of "road tax" we all pay for the privilege of having goods delivered fast, far and wide, is the "off fall" of commercial trucking. Tires and wheels, loads, mufflers, even whole axles fall off these vehicles if they are not properly maintained and secured. Often the trucker keeps right on going. A good investigation undertaken very soon after an event can sometimes identify the offending vehicle. In cargo loss cases where the offending vehicle may never be identified under insured motorist coverage can be available if the right investigation is conducted. Make sure the attorneys you retain for a commercial trucking case have the experience and the financial ability required to properly prepare and try these cases.
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