Archive for the ‘Trucking Accident’ Category
Monday, September 19th, 2011
According to the New York Times, the United States Department of Transportation may ban commercial truck drivers from talking on their cell phones while driving, just one year after prohibiting commercial truck drivers from texting while driving. Violators of the rule would face monetary fines and potential loss of license. Transportation Secretary Ray LaHood has called distracted driving â€śtoo dangerousâ€ť and has compared heavy trucks traveling at fast highway speeds to â€ś80,000-pound unguided missiles.â€ť Currently, over 3.7 million people drive commercial trucks in the United States.
Commercial trucking accidents can occur in Memphis on Interstate 55, Interstate 40, and Interstate 240. The impact between a moving truck and vehicle can cause devastating results, ranging from loss of limbs, paraplegia, and quadriplegia to wrongful death. If you have been injured in a trucking accident or have lost a loved one in a violent crash, call Corey B. Trotz at 901-683-7000 or 1-800-LAW-4004. Corey B. Trotz is an experienced Memphis trucking accident attorney at Nahon, Saharovich, and Trotz (â€śNST Lawâ€ť), the largest plaintiffâ€™s personal injury law firm in Tennessee.
Trucking accident cases can be complex due to certain regulations truck drivers must follow. Federal Motor Carrier Safety Regulations, for example, limit the number of on-duty hours a trucker can drive each day, forbid truckers from driving under the influence of alcohol, and require truckers to accurately log their locations. If a trucker violates one of these rules and causes an accident with another vehicle, the trucker and trucking company may be liable for any resulting damages. Corey B. Trotz and Team NST know how to investigate a trucking accident and prove negligence by showing a big rig driver violated a regulation at the time of the crash. In the past, NST Law has retained trucking experts to examine logbooks and inspect the safety features of various trucks. In addition, NST Law has retained toxicologists to administer or interpret drug and alcohol tests. Proving negligence can help your NST lawyer recover maximum compensation for injuries you or a loved one sustained in a trucking accident. You should feel confident NST Law has the tools and resources to fight for you in court. NST Law can consult with medical experts to document the medical bills a victim incurred, including surgeries and hospital visits. If the victimâ€™s injuries affect his ability to adequately perform his job, NST Law may retain vocational economists to calculate lost wages and diminished earning capacity. If the trucker was convicted of driving under the influence (DUI), NST Law can utilize knowledge of Tennessee law to seek punitive damages, awards designed to deter members of the community from drinking and driving. Finally, but not least, NST Law can pursue damages for the emotional pain and suffering a victim experiences following the truck accident.
Call Nahon, Saharovich, and Trotz at 901-683-7000 or 1-800-LAW-4004 for a free initial consultation on your trucking accident case. Corey B. Trotz has handled trucking accident cases in Memphis and Shelby County for over two decades and has the experience, knowledge, and skills to properly handle your case. To learn more about how NST Law can help you recover maximum compensation in a trucking accident lawsuit, call Corey B. Trotz, an experienced Shelby County personal injury lawyer, today.
Thursday, June 23rd, 2011
According to the Claiborne Progress, a tractor-trailer turned on its side due to an oversized load near Springdale, Tennessee, on June 20, 2011.Â When the tractor-trailer was rounding a curve on Highway 35 East, its load shifted, causing the vehicle to turn over on its side.Â The trailer took out over 200 feet of guardrail on the highway before it finally came to a stop.Â The Claiborne County Sherriffâ€™s Office, Tennessee Highway Patrol, Claiborne County EMS, and Springdale Volunteer Fire Department responded to the accident to tow the tractor-trailer and clean up the road.Â Fortunately, the driver of the tractor-trailer only suffered minor scratches on his arm.
Tractor-trailers, due to their large size, can pose danger to other drivers on Tennessee highways when improper loading occurs. When a commercial truck driver flips or turns over, the accident can produce devastating results, including spinal cord damage, fractured vertebrae, paraplegia, quadriplegia, and wrongful death.Â While no injuries occurred as a result of the accident near Springdale, most trucking accidents are accompanied by devastating injuries. If you have been hit and injured by a tractor-trailer, commercial truck, or big rig on Interstate 40, Interstate 240, or Interstate 55, call the Tennessee trucking accident attorneys at Nahon, Saharovich, and Trotz (â€śNST Lawâ€ť) at 901-683-7000 or 1-800-LAW-4004 to discuss your case with one of our experienced and skilled lawyers.
NST lawyers have knowledge of Federal Motor Carrier Safety Regulations, the rules truck drivers in Tennessee and other states are required to follow.Â These rules limit the number of daily on-duty hours for drivers, require truck drivers to keep detailed driving logs of their schedules and hours, and prohibit truck drivers from operating their vehicles under the influence of alcohol or drugs.Â The trucking accident lawyers at NST Law know how to prove a truck driver violated one of these rules at the time of the crash.Â For example, NST lawyers can retain trucking industry experts to examine the driverâ€™s logbook or analyze a drug test.
If a truck driver violated federal regulations or state law at the time of the accident, the driver could be considered negligent.Â By proving negligence, NST Law can help a client recover maximum compensation the injuries he or she sustained in the wreck.Â NST utilizes the services of various experts to help clients obtain maximum damages for medical bills, pain and suffering, lost wages, and permanent disability. NST lawyers can retain economic experts to document medical bills and project the cost of future surgeries, rehabilitation, and medication expenses.Â In addition, Team NST can consult with vocational economists to compute lost wages and diminished earning capacity.Â NST lawyers also know how to fight for damages for the pain and suffering a client experiences as a result of a being in a traumatic crash.
To speak to a Memphis trucking accident attorney at Nahon, Saharovich, and Trotz, call NST today at 901-683-7000 or 1-800-LAW-4004.Â NST Law is the largest plaintiffâ€™s personal injury law firm in Tennessee and has over twenty years experience handling trucking accidents involving severe injuries in Memphis and Shelby County.Â Let a Team NST lawyer answer your questions and help develop a plan that leads you to recovering every dollar you are legally entitled to in your case.
Thursday, March 24th, 2011
A fuel tanker truck was recently involved in a fiery crash on Interstate 55 in Memphis, Tennessee.Â According to fire department officials, a Flash Oil Co. Fuel tanker truck and two tractor-trailer trucks collided on I-55 near McLemore.Â Two of the drivers were transported by ambulance to the Regional Medical Center in Memphis and one driver was transported to Methodist University Hospital, also in Memphis. Fortunately, the tanker truck did not explode, even though approximately 50 to 70 gallons of fuel escaped. More fortunately, all of the drivers were in non-critical condition.
Most drivers involved in truck accidents are not so lucky.Â Over the years, the lawyers of Nahon, Saharovich, and Trotz (NST) have represented many accident victims in Tennessee, Mississippi, and Arkansas who have been severely injured due to tanker or trucking accidents.Â If you or a loved one have been involved in car accident involving a fuel tanker or tractor-trailer, call Nahon, Saharovich, and Trotz today at (901) 683-7000 or 1-800-LAW-4004.Â NST Law has 28 lawyers and a support staff of over 100 dedicated to protecting victims of Tennessee auto accidents.
It is critical for the Team NST lawyer to immediately begin to investigate the accident. In certain traumatic injury cases, the lawyer at Nahon, Saharovich and Trotz will consult with an expert who can help reconstruct the accident. This allows NST to help prove negligence so that an injured victim can recover maximum compensation. Key evidence on the highways of Interstate 24, Interstate 40, Interstate 55, and Interstate 240 can be lost if the investigation is not conducted in a timely fashion.
The rules involving tanker trucks and tractor-trailers are very complex. The truck drivers are often subject to the Federal Motor Carrier Safety Regulations (FMCSR), which mandate safety requirements when operating these types of vehicles. For instance, certain regulations control the maximum number of hours that a person can drive a fuel tank or tractor-trailer on the road. In addition, the drivers may be subject to mandatory drug testing after an accident. The lawyers of Nahon, Saharovich and Trotz are familiar with trucking laws to help an injured victim recover compensation. We may consult with experts who can help analyze truck driversâ€™ logbooks to ensure that it is consistent with the actual number of hours driven.
The injuries sustained by victims of tanker and tractor-trailer crashes are often traumatic. NST will often use its resources to help develop the damages portion of the claim, for example, by retaining an expert to help prove permanent disability. In addition, we may hire a vocational rehabilitation consultant and an economist to help prove lost wages and loss of earnings capacity.
Nahon, Saharovich, and Trotz is the largest plaintiffâ€™s law firm in Tennessee that pursues compensation for victims of car and truck accidents in Tennessee, Mississippi, and Arkansas. NST has offices in Knoxville, Memphis, Jackson (Tennessee and Mississippi), and Jonesboro, Arkansas.Â If you have been injured in a car or trucking wreck, call to speak with a Memphis truck accident attorney at NST at (901) 683-7000 or 1-800-LAW-4004 today for a free consultation on your auto accident injuries.
Friday, March 11th, 2011
Getting in an accident with a commercial truck that weighs 80,000 pounds can cause serious and potentially fatal injuries. Victims of trucking accidents in Tennessee need lawyers who care about them personally and will do everything in their power to fight for fair and just compensation. Knowledge of the law is also key. The lawyers of Nahon, Saharovich, & Trotz (â€śNST Lawâ€ť) pursue compensation for clients who have been injured in trucking accidents in Memphis and throughout Tennessee and look out for the best interests of each client. If you have been injured in a trucking accident on I-40, I-240, I-55, or any other road or highway in Tennessee, call NST today at (901) 683-7000.
Since trucking accident cases are often complex, the lawyers at Nahon, Saharovich, and Trotz frequently use high-tech tools during the trial preparation process and the trial itself. NST lawyers know how to analyze data that determines whether a truck driverâ€™s log matches up to the truckâ€™s actual location at the time of the accident. This is important because trucking regulations limit the amount of hours a driver can be on duty per day and require truck drivers to keep records of their whereabouts. When it comes to the trial, the NST Team knows how to utilize technology to present a clientâ€™s case clearly to a jury. Nahon, Saharovich, and Trotz lawyers keep up with the latest courtroom trends and can use technology to smoothly show depositions and introduce documents and evidence in a jury-friendly manner.
If you have been in a truck accident in Memphis, Shelby County, or any other part of Tennessee, call Nahon, Saharovich, & Trotz today at (901) 683-7000 and let our team go to work for you. NST is the largest plaintiffâ€™s law firm in Tennessee that helps injured people recover damages as a result of trucking accidents, serving Memphis, Jackson, Nashville, Knoxville, Chattanooga, and all surrounding counties in Tennessee. Our knowledge of Tennessee insurance and liability laws allow us to do everything possible to help you receive all of the compensation you are legally entitled to. It is never too early to consult with a lawyer, and the Memphis truck accident attorneys at NST are ready to give you the care you deserve.
Saturday, February 5th, 2011
Tractor-trailer accidents are often the most deadly of all motor vehicle collisions which is hardly surprising given that a fully loaded tractor-trailer can weigh up to 80,000 pounds. The size and weight of a fully loaded tractor-trailer means greater stopping distances and less responsiveness to steering adjustments which compounds the issue of relatively poor visibility. Despite these obvious and serious risks, trucking companies still frequently engage in exceeding maximum load regulations to increase profit margin. An overloaded truck or one that has a load that is not properly secured often causes serious trucking accidents resulting in life-altering injuries. Commercial trucking accidents account for 12% of all motor vehicle fatalities with the occupant of the other vehicle being the person who is killed in 98% of all commercial trucking accidents. At Nahon, Saharovich & Trotz, we have been representing those who suffer serious injuries or wrongful death in Tennessee tractor-trailer accidents for over 20 years.
A tractor-trailer accident may be caused by improper loading, handling or weight distribution of a commercial truckâ€™s cargo. The big-rigâ€™s cargo may cause the truck to be top-heavy which increases the risk that the big-rig will jackknife or overturn while negotiating curves. A tractor-trailer that is not loaded properly is also more likely to experience an unsafe shift of the load. When the cargo load shifts, part of the load may fall from the tractor-trailer and create obstacles in the roadway or fall directly on another vehicle. Improperly secured cargo can also cause obstructions in the roadway that may lead to serious auto collisions.
Cases involving tractor-trailer accidents involving improperly secured loads can be complex because it can be difficult to determine if the cause of the accident was the product of improper loading of the cargo or a careless or inexperienced truck driver. Some trucking companies do not provide sufficient training regarding the handling characteristics of certain rigs, and an improperly secured load may pose a significant risk on curves, grades or when emergency maneuvers are required. Careful investigation by trucking accident reconstruction experts of the accident scene immediately following a trucking accident can make it easier to determine the responsible parties and causes of the accident. Nahon, Saharovich & Trotz routinely works with leading trucking industry experts who we can dispatch to the scene of a trucking accident.
An additional complication in trucking accident cases that involve an improperly secured load is the typically murky relationship between entities that may have contributed to the tractor-trailer accident. Separate business entities may have been involved in assembling and loading the cargo. The cargo also may have been loaded and unloaded multiple times by different business entities. The truck driver typically will not work for any of these companies and may not even be an employee of the trucking company that was transporting the load. Truck drivers are often classified as independent contractors so that commercial trucking companies can shield themselves from liability for serious trucking accidents. Trucking company lawyers typically use this â€śshell gameâ€ť to claim that it was not the conduct of their company that caused the trucking accident. At NST Law, we are very familiar with the murky relationships between potential defendants in trucking accident cases and will seek to identify and include all responsible parties.
Even if a load is properly secured, a tractor-trailer can pose a much greater risk when it is overloaded. Federal regulations permit a tractor-trailer to have a maximum weight when fully loaded of 80,000 pounds. As a practical matter, the heavier the load being transported the greater the probability of an accident because of the decreased control and responsiveness of the tractor-trailer and the greater the resulting injuries. A tractor-trailer that weighs only 50,000 pounds is half as likely to be involved in a fatal crash than a big-rig that is fully loaded. Although trucking companies are well aware of this basic fact, they often try to exceed maximum weight regulations putting other drivers on the roadways in danger.
If you are involved in a tractor-trailer accident anywhere in Tennessee, the attorneys at NST Law can help you receive the full compensation to which you may be legally entitled. Nahon, Saharovich & Trotz has offices in Memphis, Jackson and Knoxville, Tennessee; Jackson, Mississippi; and Jonesboro, Arkansas with the experience and resources necessary to fully investigate and help successfully resolve your Tennessee trucking accident case. Nahon, Saharovich & Trotz, PLC is the largest plaintiffâ€™s law firm in Tennessee that helps injured people recover compensation due to someone elseâ€™s negligence. Call us today for your free no obligation initial consultation with a Tennessee tractor trailer accident attorney at 1-800-LAW-4004 (1-800-529-4004) or visit us on the web at www.nstlaw.com. No matter where you are in Tennessee, NST Law is just a phone call away.
Thursday, February 3rd, 2011
Although tractor-trailer accidents are often the most deadly form of motor vehicle accident, the complexity and potential devastation associated with a commercial trucking accident increases substantially when an improperly secured load or an overloaded truck is involved. A fully loaded truck is more difficult to control, requires substantially increased braking distance and may decrease the ability of truck drivers to see other vehicles or obstacles. The massive weight of an overloaded tractor-trailer means not only increased probability of a trucking accident, but a resulting accident is likely to result in much more catastrophic injuries or wrongful death. Despite the trucking industryâ€™s awareness of these risks, it is not uncommon for trucking companies to overload a tractor-trailer so that it can transport more in less time to increase profits.
Nahon, Saharovich & Trotz (NST Law) has been representing trucking accident victims throughout Tennessee who suffer serious injury or wrongful death in Tennessee trucking accidents for over 25 years. If you or someone you love has been injured in a Tennessee tractor-trailer accident, NST Law will investigate whether the trucking accident was a result of overloading the commercial truck or other practices that violate federal or state trucking regulations or industry standards.
The weight and size of the load transported by a tractor-trailer has a significant impact on the probability that the commercial truck will be involved in a Tennessee trucking accident as well as the seriousness of any resulting Tennessee motor vehicle collision. Although federal regulations permit a tractor-trailer to be loaded up to 80,000 pounds, a truck loaded to this weight increases accident risks substantially. An 18 wheeler, which only weighs 50,000 pounds, is only half as likely to be involved in a trucking accident as one fully loaded. Although trucking companies are well aware of the dangers posed by heavily loaded tractor-trailers, they will often exceed even the 80,000 pound limit. When a tractor-trailer weighing in excess of 80,000 pounds collides with a passenger vehicle, which may weigh 3,000 pounds, the results are predictable. Commercial trucking accidents cause over 12% of all motor vehicle fatalities with a passenger or driver in the other vehicle being the person killed 98% of the time.
The legal issues that arise when a tractor-trailer transports oversized, overweight or over-length items can be even more complex. Transportation of these types of cargo requires a special permit and special restrictions apply. Generally, these items must be transported during daylight hours and on non-legal holidays. Tractor-trailers transporting oversized, overweight or over-length items are also required to avoid urban areas during rush hour traffic. An extensive regulatory framework is imposed on the transportation of such articles to ensure the safety of others on the roadway and surrounding areas. One such requirement that may apply is a requirement that an escort vehicle accompany the oversized, overweight or over length load. Commercial trucks transporting these loads also require specialized marking, and special financial responsibility is imposed when transporting this type of cargo.
Some serious Tennessee trucking accidents are caused by cargo loads that are improperly loaded or secured. Cargo that is not properly secured can fall into the roadway and cause obstructions or fall directly onto other vehicles. When a cargo load is not properly loaded even a slight shift in the load can cause the truck to jackknife or the truck driver to otherwise lose control of the big-rig. If the tractor-trailer has not been correctly loaded, the tractor-trailerâ€™s center of gravity may be off causing the driver to lose control of the truck or the truck to tip or jackknife.
When a massive 80,000 18 wheeler truck is involved in a collision with another vehicle, there is no such thing as a minor fender bender. The results are typically catastrophic injuries including traumatic brain injury, spinal cord injuries, paralysis, broken bones or fractures and wrongful death. Trucking companies have teams of trucking accident experts that may be dispatched to the accident scene immediately, and critical evidence can disappear. The liability of trucking companies for tractor-trailer accidents often involves violations of the complex matrix of federal and Tennessee trucking regulations. An experienced Tennessee trucking accident lawyer must have a thorough understanding of these special requirements. If you are involved in litigation with a trucking company, it is important to have experienced Tennessee tractor-trailer accident lawyers on your side who will examine all of the causes that contributed to the trucking accident including traffic violations, hours of service violations, driver fatigue or drowsiness, driving under the influence of drugs or alcohol, exceeding the maximum permissible load and other violations of trucking regulations and/or trucking industry standards.
NST Law has been representing individuals and families seriously injured or killed in Tennessee trucking accidents for over 20 years. Nahon, Saharovich & Trotz, PLC is the largest plaintiffâ€™s law firm in Tennessee that helps injured people recover compensation due to someone elseâ€™s negligence. Nahon, Saharovich & Trotz has offices in Memphis, Jackson and Knoxville, Tennessee; Jackson, Mississippi; and Jonesboro, Arkansas. Our experienced team is comprised of 26 lawyers and a staff of over 100 that have the experience and resources necessary to help you obtain compensation for your Tennessee trucking accident injuries. Call NST Law today for your free consultation with a Tennessee truck accident attorney at 1-800-LAW-4004 (1-800-529-4004) or visit us on the web at www.nstlaw.com.
Friday, December 17th, 2010
The massive weight and size of tractor-trailers poses a unique risk to other drivers with whom they share the road. The weight disparity between a commercial big-rig and a passenger vehicle often exceeds 75,000 pounds. This difference usually means catastrophic injuries for drivers of passenger vehicles when involved in a collision with a tractor-trailer. The problem is clear when one considers that in 96 percent of fatal collisions between a commercial truck and another vehicle the person killed is the occupant of the other vehicle. The length and weight of tractor-trailers also impact the truck driverâ€™s ability to see other vehicles as well as a truck driverâ€™s ability to stop quickly or engage in split second emergency maneuvers. Despite the potential risks posed by the enormous weight and length of tractor-trailers, the trucking industry is currently lobbying Congress to increase both the maximum weight and the length of commercial trucks. At Nahon, Saharovich & Trotz, we have been representing those who suffer catastrophic injuries and wrongful death in tractor-trailer accidents throughout Tennessee for over 20 years. Because the dangers posed by tractor-trailers are largely linked to their current size and length increases in either of these is a bad idea.
The trucking industry has a powerful lobby and exerts a lot of influence in Washington with an estimated 500,000 trucking companies generating revenue in excess of $250 billion per year. An increase in the length and weight of commercial trucks would allow trucking companies to save money and increase their profit margin. These size and weight modifications would mean more loads could be transported with fewer trips resulting in reduced expenditures on drivers, fuel and other expenses. Trucking industry advocates are citing the high cost of fuel prices and the impact of the recession as key justifications for these proposed changes.
The trucking industry is subject to both federal and state regulations, which govern the permissible weight and length of a commercial truck. Under current federal regulations a tractor-trailer is permitted to weigh up to 80,000 pounds including the weight of its load. The proposed legislation would increase this maximum weight by twenty percent and permit fully loaded trucks to weigh up to 96,000 pounds. As tractor-trailer weight increases the likelihood of its being involved in a fatal accident increases exponentially. One study found that an increase from 50,000 to 80,000 pounds resulted in double the risk of the commercial truck being involved in a fatal trucking collision. Heavier trucks also mean more braking distance because a 120,000-pound truck, for example, would travel fifty percent longer before stopping than a truck weighing 80,000 pounds. While trucking industry advocates contend this increase in risk is offset by fewer trips and fewer miles driven, past increases in the length and weight of tractor-trailers have not resulted in fewer trips or fewer miles traveled.
The proposed change in tractor-trailer length is also likely to increase the risk to other drivers with whom commercial trucks share the roadways. Trucking industry advocates are lobbying Congress to allow for more â€śdoublesâ€ť and â€śtriplesâ€ť, which are multiple trailers hitched together. These multiple trailers would then be permitted to be up to 120 feet long on Western highways. The vast majority of interstates currently permit tractor-trailers no longer than 53 feet. This massive increase in length would increase the number and size of blind spots around commercial trucks, referred to as â€śno zonesâ€ť. The lack of visibility in tractor-trailers already plays a role in a fair number of commercial trucking accidents. Though trucks are equipped with special mirrors designed for these blind spots, a fatigued or careless truck driver may fail to check all of these mirrors with catastrophic results.
Despite the fact that tractor-trailers make up only four percent of all registered vehicles, they account for 21 percent of all multiple vehicle crash accident fatalities. Longer and heavier trucks will simply make an already dangerous situation much worse. At Nahon, Saharovich & Trotz, we believe proposed changes to trucking industry regulations should focus on making trucks safer not bigger, heavier and more dangerous. If you or a family member has suffered serious injuries or wrongful death in a tractor-trailer accident, the experienced Tennessee trucking accident attorneys at NST Law are prepared to represent you and assist you in obtaining the financial compensation you deserve.
If you are involved in a tractor-trailer accident anywhere in Tennessee, the attorneys at NST Law can ensure that you receive the full compensation to which you are legally entitled. Nahon, Saharovich & Trotz has offices in Memphis, Jackson and Knoxville, Tennessee; Jackson, Mississippi; and Jonesboro, Arkansas with the experience and resources necessary to fully investigate and help successfully resolve your Tennessee trucking accident case. Nahon, Saharovich & Trotz, PLC is the largest plaintiffâ€™s law firm in Tennessee that helps injured people recover compensation due to someone elseâ€™s negligence. Call us today for your free no obligation initial consultation with a Tennessee truck accident attorney at 1-800-LAW-4004 (1-800-529-4004) or visit us on the web at www.nstlaw.com. No matter where you are in Tennessee, NST Law is just a phone call away.
Tuesday, March 30th, 2010
There has been a concerted effort in recent years to have the commercial trucking industry use â€śblack boxesâ€ť to improve safety.Â Black box monitoring systems also known as electronic log systems, electronic data recorders and electronic control modules systems have revolutionized the way Tennessee trucking accident lawyers litigate trucking accident cases.Â The truck accident law firm of Nahon, Saharovich & Trotz, PLC (NST Law) recognizes the fundamental role of â€śblack boxâ€ť evidence in trucking accident cases and will make sure the data is preserved so that it can be used to by an expert to reconstruct the circumstances surrounding a Tennessee truck accident.
Black boxes provide a wealth of information that can be used by a trucking accident lawyer to establish the basis for the trucking companyâ€™s liability during settlement negotiations and at trial.Â Black boxes record an abundance of critical information that can be important in establishing negligence in a trucking accident including issues related to the condition of the vehicle such as vehicles maintenance problems and tire pressure.Â Critical evidence about the driverâ€™s performance is also recorded such as sudden braking, speed control issues, clutch application and shifting, following distance, and exceeding regulated hours.
Experienced trucking lawyers such as those at NST Law will also investigate black box data for relevant email communication between the driver and the trucking company.Â Email correspondence obtained from black boxes may provide damning admissions about mechanical problems, driver fatigue or other admissions of fault by the truck driver immediately following a trucking accident.Â Because black boxes are typically equipped with global positioning systems (GPS), they provide detailed information regarding where the truck was immediately prior to a trucking accident.
If a person is seriously injured or killed in a trucking accident, it is imperative he or she retain an experienced trucking accident lawyer immediately because black box evidence that may be indispensable can legally and intentionally be destroyed. Â Tennessee trucking companies may destroy or â€śloseâ€ť important data and documents that may establish negligence and hours of service violations to avoid liability where a trucking accident results in serious injury or death to another person.
The attorneys at NST Law will immediately send written notice via certified mail to the trucking company that the black box data must be preserved for pending litigation and that the truck must not be moved or repaired.Â This letter is sometimes called a â€śspoliation letter.â€ť
Experienced trucking accident lawyers will direct the company not to move or repair the truck because this can result in the event recorder being erased or recorded over before the information can be downloaded.Â If the trucking company refuses to provide the black box data claiming it has been destroyed or lost, the experienced trucking accident lawyers at NST Law can demand that the trucking company provide the backup copy that the Federal Motor Carrier Safety Administration (FMCSA) requires be kept somewhere other than the truckâ€™s on board computer.
The attorneys at NST Law may also retain an expert to be present during the download of the black box data to help prevent â€ślostâ€ť information.Â We will also try to reach an agreement with the trucking company regarding how and when the information will be downloaded to avoid â€śaccidentalâ€ť loss of critical data.Â If the trucking company refuses to cooperate, the attorneys at NST Law may expedite the filing of a civil lawsuit and request an Ex Parte Temporary Restraining Order (TRO) to prevent the trucking company from doing anything that might result in loss of the black box data.
The black box data can be used to build a case against the trucking company or to discredit the trucking companyâ€™s claim regarding the circumstances of the trucking accident.Â At NST Law, we may employ an accident reconstruction expert who will use the information obtained from the black box to create computerized animations of the accident, which are very effective and convincing tools for proving liability to a jury.
The black box data can also be used to discredit the testimony of the driver, trucking company expert or trucking company executives.Â Many drivers and trucking companies routinely falsify their written logs.Â This practice is so prevalent the logs are derisively referred to as â€ślie logsâ€ť in the trucking industry.Â The black box data can be used to discredit falsified written logs or to contradict the testimony of the driver or trucking company representatives during deposition or at trial.
At NST Law, we know that black box evidence is usually an indispensable part of establishing liability on behalf of a person who has been seriously injured or killed by the negligence of a truck driver or trucking company. Â Several NST Law attorneys have been nationally recognized by Super Lawyers, which rates the top 5% of lawyers in the country.
Saturday, September 5th, 2009
Our economy in the State of Tennessee depends on commercial tractor trailer trucks to deliver products, equipment and supplies throughout the state. To be legal for interstate travel with no extra permits, the legal limit for an 18-wheeled tractor trailer truck is 80,000 pounds. A payload of that substantial weight poses a serious threat to other motorists when an accident collision with a tractor trailer truck occurs.
Specialized commercial truck driver training, truck inspections and safety regulations are in place to reduce the number of traffic accidents caused by the commercial trucking industry. However, there are times when the negligent operation or improper maintenance of a tractor-trailer leads to a devastating crash resulting in serious injury or death to others involved in the accident.
Common causes of truck accidents on Tennessee highways include, but are not limited to:
Driver Fatigue â€“ The pressure to meet an unrealistic delivery schedule may cause a truck driver to ignore federal guidelines and drive with too little sleep. Studies have consistently shown a fatigued driver is equally as dangerous as a drunk driver.
Improperly Secured Load â€“ An unsecured load may shift in transit, causing a dropped load or a truck rollover.
Poorly Maintained Vehicles â€“ A truck must be inspected regularly. For example, worn tires may shred and faulty brakes may give out.
Reckless Driving â€“ A trucker may drive aggressively, make unsafe lane changes, underestimate his truckâ€™s weight and maneuverability, or be driving under the influence of drugs or alcohol.
Throughout the course of our law firmâ€™s practice, we have come to understand the severity and permanency of injuries that many of our clients have sustained as a result of tractor trailer truck accidents and other personal injury accidents. The attorneys at Nahon, Saharovich & Trotz know that many of these injuries have impaired our clientsâ€™ ability to perform activities of daily living, including the ability to continue, or possibly obtain, meaningful and gainful employment.
Furthermore, we have learned that due to these significant injuries, our clients have no other option than to seek financial compensation through litigation or filing a claim against the negligent driverâ€™s insurance carrier. The Tennessee tractor trailer truck accident lawyers at Nahon, Saharovich and Trotz have the legal background to help establish your claim against a negligent truck operator or trucking company. We have the expertise to help you seek the compensation to which you may be entitled.
Call us today at 877-683-7001 for a free initial consultation.
Memphis, TN Office
488 South Mendenhall
Memphis, TN 38117
Jackson, TN Office
2709 North Highland Avenue
Jackson, Tennessee 38305
Phone: 731- 427-5550
Knoxville, TN Office
408 North Cedar Bluff Road
Knoxville, Tennessee 37923
Jackson, MS Office
460 Briarwood Drive
Jackson, Mississippi 39206
Jonesboro, AR Office
922 South Main Street
Jonesboro, Arkansas 72401