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Unlike auto accidents, commercial trucks must follow Federal guidelines that regulate everything from weight, to the amount of time off a driver must take.
The first step after a truck accident is to notify the trucking company to preserve valuable evidence necessary for your case. Important evidence includes logs entered by the driver, weight of the truck, maintenance records, driving records, and items hauled in the trailer.
Commercial trucks haul enormous weights which can do severe damage to vehicles on the road. It is important to watch out for trucks on the roadways as their added weight and size can easily destroy vehicles in an accident without taking any damage themselves.
It is a fact that some commercial truck drivers on the road today should not be on the road. If the company negligently hired a driver with a questionable driving history, his or her driver history can be discovered. Additionally, it's important to look at the driver's log to see if he/she logged the proper time off the road for rest. Evidence can be found in an investigation or deposition in order to expose the truth of the matter behind the truck accident.
Has the company kept up with truck repairs, replacement of parts, or maintenance of the vehicle? If something was missed, skipped over, maintenance reports or lack there of may have led to the truck accident.
This procedure, called a direct action suit, allows the Plaintiff to name the insurance company as a Defendant in the matter. This signals to a jury that the insurance is paying for the claim, instead of the defendant.
*Naming the insurance company in the lawsuit does not mean the case is going to end quicker or that Plaintiff will automatically win, however, it does signal to the jury that the defendant will have a means to pay if the jury sides with the plaintiff.
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