When semi-truck drivers or their employers act negligently, the consequences can be catastrophic for those sharing the roads with them. Due to the size and weight of big rigs, truck accidents often result in life-changing injuries, permanent disabilities, or tragic loss of life for those in smaller vehicles.
In numerous cases, these catastrophic accidents could have been prevented. Negligence involves any action or omission violating the duty to comply with traffic laws and operate a vehicle safely.
At Fieger Law, our Michigan truck accident lawyers are dedicated to investigating negligence and holding those responsible accountable. If a negligent truck driver has harmed you or a loved one, our legal team is ready to fight for the compensation you deserve.
5 Ways to Prove Negligence in a Truck Accident Claim
To win your truck accident claim, you must prove that someone else’s negligence caused your injuries. At Fieger Law, we use the following strategies to demonstrate negligence and secure maximum compensation for you:
1. Documenting Driver Fatigue
Driver fatigue can lead to serious truck accidents due to reduced alertness and slower reaction times, even falling asleep at the wheel! The FMCSA enforces strict hours-of-service rules, like limiting driving shifts to 11 hours at a time, which must be preceded and followed by 10 consecutive off-duty hours to rest.
Our attorneys meticulously review electronic logs and dashcam footage. If a truck driver was on the road for 12 hours straight without the required 10-hour break, we can use this violation to demonstrate how fatigue likely caused or contributed to the accident, helping build a strong case for you.
2. Uncovering Lack of Vehicle Maintenance
Neglecting to inspect and maintain semi-trucks properly can lead to equipment failures, such as blown tires or brake malfunctions. These failures can cause severe accidents, like the multi-vehicle crash in Michigan in 2019 that resulted from a semi-truck’s blown-out tire.
After a crash, we can subpoena all maintenance records to determine whether poor maintenance contributed to the accident. By examining these documents, we can identify any lapses in care and hold the responsible parties accountable for their negligence.
3. Investigate Driver Qualification and Training
Trucking companies are obligated to thoroughly vet their drivers, ensuring they don’t have a history of DUIs or other major traffic violations. They must also comply with federal licensing regulations that mandate detailed training for all commercial drivers.
We can investigate the company’s hiring and training practices, closely examining how these standards are upheld. If we uncover lapses in these critical areas, such as hiring a driver with a recent DUI conviction, we can use this evidence to demonstrate negligence and assign them responsibility for the accident, strengthening your case.
4. Identifying Regulatory Violations
The trucking industry must comply with strict federal and state safety regulations concerning cargo securement and weight limits. Violating these rules demonstrates negligence by the driver, trucking company, or even third-party cargo loaders.
To uncover these violations, your attorney from Fieger Law can subpoena records such as cargo loading documentation or weigh station logs. For example, if our investigation reveals that a truck was overloaded or improperly secured based on cargo records, this provides clear evidence of regulatory non-compliance.
We investigate these specifics to demonstrate how failing to meet safety standards contributed to the accident. This evidence strengthens your case and helps us hold the responsible parties accountable.
5. Using Accident Reconstruction
Accurate accident reconstruction is vital for understanding the causes of truck accidents. This process involves analyzing vehicle movements, speed, and impact points to depict the events leading up to the crash.
At Fieger Law, we work with skilled reconstruction experts to gather and analyze data from the accident scene. For example, if the reconstruction shows that a truck driver was speeding excessively at the time of the crash, like in the 2023 crash in Ann Arbor, we can use this evidence to prove negligence and assign liability for the accident.
Obtaining Legal Counsel for Your Semi-Truck Collision Claim
Securing fair compensation after a devastating truck accident requires skilled legal representation from a qualified team of attorneys. Here’s why you should choose our experienced team at Fieger Law:
- We understand complex trucking regulations and how to establish negligence in trucking cases.
- Our team is experienced in countering the minimization tactics of trucking companies and their insurers who aggressively contest liability.
- We can calculate your total damages, including future costs for permanent injuries, to ensure you receive the compensation you deserve.
- Our strong negotiation skills provide a powerful advocate ready to level the playing field against aggressive corporate lawyers and insurers.
- With our substantial resources, we are fully prepared for litigation, managing every aspect of your case with the expertise it demands.
Secure Maximum Compensation with Skilled Legal Representation
Obtaining fair compensation after a devastating truck accident requires extensive investigation, meticulous evidence gathering, and forceful legal advocacy. The experienced Michigan truck accident attorneys at Fieger Law have the knowledge, resources, and determination to build a strong negligence case and fight for the settlement you deserve.
If you or someone you love suffered harm because of a truck driver’s reckless actions, take action now. Contact us today for a free consultation.