Commercial vehicle accident lawyers have specific knowledge of the law and facts that commonly arise in truck accident cases. Truck accident lawyers also have experience in building these cases through the collection and assembly of evidence and expert review.
The fact is that commercial motor vehicle (“CMV”) cases or “Truck Cases” are different than car wreck cases. The average personal injury lawyer knows the ins and outs of the Rules of the Road, causation, and damage issues. But, the standards in a CMV case are different. Unfortunately, we don’t know what we don’t know. This Manual will point you in the direction of what you need to learn. There are voluminous regulations that make a truck case more closely akin to a professional malpractice case than a car accident case.
With a deep dive into the regulations and standards applicable to CMV drivers and motor carriers, a lawyer of reasonable ability can, of course, develop the skillset necessary to prosecute these cases. Keep in mind, that there may be important pieces of evidence that are lost while you learn the standards and regulations. Some key pieces of evidence may be discarded within weeks, days, or even hours. This is true for even a well-intentioned trucking company.
Commercial vehicles are expensive assets, with the cost of new tractors nearing or exceeding $200,000. The average business will have difficulty holding off the road an asset of that value.
And, without a proper preservation letter and scene investigation, information that may be important (such as ECM data) could be lost. The FMCSR contains key provisions that limit the amount of time certain records, such as hours of service logs, must be kept. These, and other issues, make quick movement by the lawyer key in a truck accident case.
Why Are Commercial Motor Vehicle Cases More Complex?
Commercial truck accidents tend to be more complicated than accidents involving civilian motorists. Throughout this book, we focus on the more procedurally complex aspects of handling a commercial vehicle case.
The following are factors that make commercial vehicle cases more complex:
Evidence and Investigation
Perhaps the most demanding aspect of handling a commercial vehicle case is the intense investigation surrounding the accident. There are far more potential causes of accidents associated with a commercial vehicle. Also, the collection of evidence often requires knowledge of all the means, methods, and places where information may be stored. It generally requires employing the services of technical, operational, and medical experts.
Responsible Parties
There are more potentially responsible parties in a commercial vehicle accident than in a civilian vehicle accident. For example, responsible parties might include: the truck driver, the trucking company (and its employees), the truck or trailer manufacturer, a vehicle maintenance company, a broker/dealer, any vehicle or trailer part supplier or manufacturer, a cargo manufacturer, distributor or shipper, cargo loader, intermodal equipment provider, private property owner, local, state and Federal governments, and insurance companies.
Licenses, Standards, and Regulations
Commercial drivers, trucking companies, and intermodal equipment providers are subject to a combination of Federal and state law, as well as industry-specific requirements or standards. Notably, you will need to be very familiar with FMCSA rules and regulations dealing with nearly every conceivable aspect of commercial motor vehicle operations.
Employee vs Contractor Status
Commercial vehicle accidents often involve an employer-employee or independent contractor relationship between the truck driver and the trucking company. An early hurdle in this type of case is demonstrating that the driver is an actual or statutory employee of the motor carrier.
Insurance
The insurance in a commercial vehicle case is significant and (at times) complex. There can be multiple policies applicable. There are also unusual responsibilities that an insurance carrier has to provide payments, despite available coverage defenses.
Businesses
The defendants in commercial vehicle litigation cases are generally businesses — either commercial motor carriers or insurance companies. These businesses routinely face litigation and have a great deal of experience in defending such cases. They are well-versed in the regulations and how they affect operations. These realities make it more difficult to litigate against commercial motor carriers. Commercial motor carriers also tend to have more resources available to defend themselves in the event of potential legal action than individual defendants in non-commercial vehicle accidents.
Severity of Damages
Because of the large size and heavy weight of the vehicles involved, commercial-vehicle accidents tend to be more serious (concerning injuries) than small-vehicle or non-commercial accidents. Given the potential amount of damage awards, defendants necessarily invest far more resources in fighting these cases. In turn, this requires greater effort and more resources by the plaintiff or plaintiff’s counsel in pursuing the case and demonstrating the extent of damage suffered.
The first step in handling a motor vehicle accident is to understand the nature of the task at hand. Being aware of these complexities will help you prepare for the undertaking.
Next, let’s look at the unique role of experts in a truck case.
Expert Issues in Truck Accidents
The cost of handling a commercial motor vehicle case, even without litigation, is generally high. One of the main reasons is the need for expert assistance at many stages of such cases. When reviewing a case, an experienced attorney will ensure that there are damages adequate to justify the expense.
When our firm signs onto a commercial motor vehicle case, we consider the need for several distinct expert types, including an accident reconstructionist, biomechanical engineer, and human factors expert. An accident reconstructionist will typically be a former police officer or an engineer specializing in reconstruction. A biomechanical expert focuses on the mechanics of the interaction of the body with the force of the accident. In layman’s terms, they are crash-dummy scientists. A human factors expert opines as to the reaction of a driver in a collision.
Each of these experts is discussed further in this Manual. And, each can be critical to your case. Unfortunately, expert assistance does not come cheap. We routinely spend tens of thousands of dollars on expert advice and work product. Thus, the attorney must conduct a cost-benefit analysis at the outset.
Standards in Commercial Motor Vehicle Cases
A complex statutory scheme governs CMV cases. The corresponding regulations are a maze of Federal and state authorities. There are also several publications that establish industry standards and can inform a truck lawyer’s prosecution of a case.
We recommend proceeding as described below. First, review the Federal regulations in detail to determine which of the many hundreds of provisions may apply. Most of the applicable regulations are found in the Federal Motor Carrier Safety Act (FMCSR). Second, following a review of the Federal standards, review all applicable state-specific regulations to determine where the state and Federal standards may differ. Remember, the Federal regulations establish the minimum standard – state standards may be more stringent. Third, review the applicable industry guides. The Federal and state governments create guides to educate drivers. For example, the FMSCA produces a handbook on hours of service written for the benefit of drivers. And, the Georgia Department of Driver’s Services produces a driver’s handbook. These resources can be extremely helpful in understanding the factors for evaluating the standard of care and potential breaches.
Valuation in Truck Accident Cases
Truck cases often entail major damage awards. But, how do you value them?
We have evaluated dozens of commercial motor vehicle cases for some of the largest trucking companies in the United States. There are numerous factors to consider. Like any good case valuation, the starting point is always jury verdict research. Look for cases with similar fact patterns, similarly skilled counsel, and relevant jurisdictions.
The reality of case valuation is that it is a very subjective undertaking. In most scenarios, there are several factors that can be pushed to sway the insurer (or ultimately a jury) as to the harm suffered and, thus, the value of a case. Identifying those facts and uncovering evidence to support them is where experienced truck-crash attorneys excel.
Another factor, not to overlook, is the experience or reputation of the opposing counsel. How the adversary (the insurance company or defense counsel) assesses your competence in mounting a successful case matters quite a lot. It may not be fair — but, it’s true. If confronted with a reputable lawyer with experience and demonstrated skills in commercial motor vehicle cases, the insurance company or defense counsel likely takes a harder look at the proposed valuation. Of course, a lawyer with an unproven reputation in CMV cases can still move the needle. But, it will be more challenging. Accordingly, the lawyer and his/her skillset are noteworthy factors in the valuation of cases.
Also, the reputation of the commercial driver and/or the commercial motor carrier are important factors. An insurer will view an accident involving a well-run trucking company (employing a well-trained driver) much differently than one involving a trucking company that is pushing the limits of the law.
The question becomes: how does one move the insurer (or a jury) to view the trucking company and/or the driver in their true (negligent, reckless, or unfavorable) light? There is no single answer to this question. Using the regulations, depositions, and written discovery as evidence of standards and violations thereof, an experienced commercial motor vehicle lawyer can increase the valuation substantially.
By way of example, the employment application submitted by the commercial driver often proves useful in shifting a valuation. An application, by Federal law, is certified as true and correct by the driver. Unearthing falsehoods related to prior citations, for example, can help in moving the valuation. This is just one of many tactics discussed further in this Manual.
Partnering with a Commercial Motor Vehicle Attorney
Like most personal injury firms, we routinely co-counsel with other lawyers to handle cases. Our partners refer cases to us because we’re lawyers they can trust. And, we bring the truck accident expertise necessary to properly prosecute these complex cases. Whether you partner with us or another firm, make certain that you find a partner that brings both of these qualities to the relationship. Knowledge and experience is important, but ethics are crucial.
Any attorney can refer a personal injury case to us and receive a referral fee. Per the applicable law, it does not matter if you are a divorce lawyer or worker’s comp. lawyer, corporate lawyer, or criminal lawyer.
Rule. 1.5(e) Governs Fee Splits in Georgia
As it states: A division of a fee between lawyers who are not in the same firm may be made only if: the division is in proportion to the services performed by each lawyer or, by written agreement with the client, each lawyer assumes joint responsibility for the representation;
the client is advised of the share that each lawyer is to receive and does not object to the participation of all the lawyers involved, and the total fee is reasonable.
Speak With a Commercial Vehicle Accident Lawyer Today
If you wish to partner with us, we make referring a case easy. Simply call 404-793-0026 or email Alex at alex@weatherbylawfirm.com. We will evaluate your case within one business day and let you know if we can partner with you on it.
