News & Insights
WHAT MAKES TRUCK ACCIDENT CASES DIFFERENT FROM CAR ACCIDENTS
Truck accidents are oftentimes harder to litigate than car accident cases. Truckers are professionally licensed, have ample insurance, and work for large companies with extensive legal resources. Thankfully, we can help you prepare.
First, we notify the trucking company that there is a pending claim
The first thing we do in truck accident cases is tell the trucking company that there will be a personal injury or wrongful death claim against them. The written notice is called a spoliation letter. Its goal is to preserve any truck company records that could boost your case, such as:
- Drivers license
- Maintenance records
- Driver logs
Then, we find information about vehicle check-ups and driver logs
The best way to build your case is through the truck company’s records. Truck companies must record facts such as vehicle checkups, which are often overdue, and driver logs. According to the Federal Motor Carrier Safety Administration (FMCSA) section 396.7, a vehicle may not be on the road if it will likely cause an accident.
Because driving error causes the majority of truck accidents (90%), trucker fatigue is an easy factor to check in a truck company’s logs. One thing we check is if the trucker logged too many hours in a week, or had too few hours off-duty in between shifts.
In addition, if a truck has an electronic control module, it records all of the truck’s speed and braking patterns. All of this evidence is crucial to your case and it is therefore important to obtain them right away, since many companies only archive records from the last six months or less.
Need a truck accident lawyer?
If you are the victim of a truck accident, engaging a truck accident lawyer that is skilled in evidence gathering and accident reconstruction is crucial to winning as much compensation as possible. If you want to talk about your case and determine the best course of action, call us today at (877) 851-4261.
About the Firm
McGarity & Efstration, LLC is located in Buford, Georgia and serves clients in and around Metro Atlanta and throughout the State of Georgia.
1305 Mall of Georgia Boulevard
Buford, Georgia 30519