Experienced Legal Representation For Commercial Truck Accident Cases
Because of the significant differences in size between commercial trucks and passenger vehicles, commercial trucking accidents are known for the severity of the injuries they cause — devastating injuries such as traumatic brain injury (TBI), spinal cord injury (partial and full paralysis), neck and back injury (requiring surgeries and extensive rehabilitation), and, most tragically, wrongful death.
Commercial truck accident cases are complex from an attorney’s perspective because of the voluminous amounts of material that must be obtained and reviewed to successfully litigate on a client’s behalf and the myriad state and federal regulations involving the trucking industry that spans the entire country. These regulations cover mandatory inspections, maintenance of vehicles, certifications and driver qualifications, and numerous additional pieces of information that will be used as evidence to prove a client’s case.
At VanNess & VanNess, P.A., our attorneys obtain vehicle repair records, title(s) to the vehicle(s) to determine actual ownership and to incorporate all responsible parties into a lawsuit, and the event data recorders (“black boxes”) that are located in trucks and contain detailed information about the actual event, including the time period leading up to the accident. Written and recorded statements are obtained from the individuals involved in or witnesses to the accident. Insurance policies are examined to determine the extent of liability coverage. Employment and personnel files for the driver(s) are obtained and examined.
The driver qualification file is reviewed and should contain the driver’s application for employment, the driver’s motor vehicle records from across the U.S., road test forms and reports, certifications and licensing, medical examination certificates, annual motor vehicle records, and copies of the driver’s annual review. The driver vehicle inspection report (DVIR) for a specific time period prior to the accident is obtained, along with copies of the periodic annual inspection (PAI). Any prior violations noted against the driver along with drug and alcohol records are obtained and reviewed extensively by the team at VanNess & VanNess, P.A. Manuals and written documentation are obtained for review of the trucking company’s safety rules, regulations, policies, safety meetings and training records. Dispatch records and logbooks are searched extensively, as are the vehicle inspection reports, to determine any underlying safety issues at the time of the accident. All audio and video recordings that document the actual collision are reviewed and subsequently incorporated into the complex litigation strategy developed by our highly skilled attorneys.
The Importance Of Acting Quickly
Crucial evidence always exists at the scene of a crash. In commercial trucking accidents, audio recordings and video footage make crystal-clear to a jury exactly how the accident occurred, who is at fault, and the extent of the pain and suffering of our clients beginning at the point of impact. Your attorneys at VanNess & VanNess, P.A., will ensure that all evidence is preserved under the spoliation statutes in Florida. In a nutshell, knowledge of the evidence relevant to a case will arise long before a complaint or lawsuit is ever filed. If a party reasonably anticipates litigation or knows or should reasonably know that a lawsuit may be filed, that party is under a legal duty to preserve all evidence, including electronically stored information.
Our experienced attorneys take all actions necessary to alert the other parties involving the types of evidence noted above. Should that evidence not be available for litigation of the case and the party who had control of the evidence is deemed to have destroyed it or caused its spoliation, the court can remedy the situation by constructively punishing the party that destroyed the evidence. Sanctions may also be imposed by the court, and the burden of proof may shift to the other party as a leveling mechanism imposed by the court. Your experienced litigators at VanNess & VanNess, P.A., understand the importance of gathering all evidence available and will take the appropriate steps to obtain crucial evidence.
Fighting experienced insurance company defense attorneys with significant resources in court commands a superior law firm. Our accomplished and well-respected serious personal injury attorneys are proficient at asking the right questions and obtaining all evidence needed to successfully litigate your complex accident case. Hire our trial lawyers, who have considerable experience with commercial truck accident and serious personal injury cases. VanNess & VanNess, P.A., in Citrus County and central Florida has expansive resources available to litigate even the most complex tractor-trailer accident case — especially yours.
Our Team Will Fight For The Results You Deserve
We take a comprehensive team approach to formulate the strategy for each case, ensuring that all our clients experience the full support, advocacy and legal advice necessary in their particular circumstance. Our vast experience, unparalleled resources and strong commitment to effective representation are what drive our focus as we achieve the best possible results for our clients.