Establishing Liability For A Trucking Accident Presents A Unique Set Of Challenges
At the Scherr Law Firm, founding attorney Maxey Scherr knows the complexities of trucking accident cases and how detrimental these cases can be for you. She understands how difficult it can be and how important it is to recover compensation. As one of only a handful of board-certified trucking accident attorneys in the nation, our firm’s founder, Maxey Scherr, will use her knowledge and skills to develop a unique strategy tailored to your case to uncover the defendant’s negligence and hold them accountable for their actions in court.
It is important to understand that a trucking accident is not like a car accident. There are a number of differences that your average motor vehicle accident lawyer may not be aware of, such as the array of distinct regulations and standards that apply to a commercial truck driver as opposed to a regular motorist. Many attorneys limit their inquiries to whether there was negligence involving alcohol or speeding and do not pursue the case further if neither is present. This can easily result in a rushed settlement causing them to settle for less.
Maxey takes a different approach. She goes beyond the simple negligence causes and looks for regulatory violations and breaches of industry standards, examines the evidence for potential violations of training protocol, and searches for all applicable insurance policies and sources of compensation. In many cases, the trucking companies themselves can be held liable for the actions of their drivers, provided that the lawyer knows how to put all the pieces together as Maxey does.
Connecting The Dots To Determine Liability Requires Knowledge, Experience And Skill
There are some common threads that need to be examined when approaching a case such as a trucking accident. These questions all lead to factors that a typical car accident attorney may overlook, such as:
- Who is the motor carrier?
- What type of agency do they operate?
- How much do they control the daily operation of their vehicles?
- Was the driver operating beyond their permitted hours?
- Was the truck properly maintained?
- Was the driver operating the truck outside of their regular sleep pattern?
- Did the motor carrier train their driver on safe driving habits?
- Was the driver properly vetted by the motor carrier?
- Is the driver currently compliant with the safety laws and regulations?
The answers to these questions can help determine who the responsible parties are and the degrees of their liability. There are several parties that could be potentially liable, including:
- The driver
- The employer
- The motor carrier
- The broker
- The logistics company
- The shipper
- The receiver
- The manufacturer
- The insurance company
Ultimately, these are just a small example of the number of factors that need to be considered when you are looking at filing a trucking accident lawsuit. Maxey understands this and is able to consider the relevant options as she litigates her cases.
Maxey Does Not Let The Trucking Company Avoid Liability And Publicity
For most large motor carriers and related shippers, their main goal in a trucking accident case is two-sided: Avoiding paying for the damages that they inflicted and preventing any publicity that might damage their reputations. In many cases, the cause of the accident might be the result of their negligence, which may extend to their entire operation and could expose them to significantly greater liability if other victims were to hear of it. Maxey will fight hard to resist gag orders that restricts disclosure of dangerous practices. Maxey is committed to making the roadways safer for everyone, not just her clients. She is an active lobbyist, teacher and author regarding safer road regulations in commercial driving. Don’t settle for less than what you deserve.