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Accident Lawyers


Pritzker Olsen Attorneys

How We Investigate and Prove Fault in
Serious Truck Accident Cases

By Pritzker Olsen, P.A.
The Truck Accident and Safety Lawyers

Semi Truck CollissionWe are truck safety attorneys representing injured people and the families of those killed by unsafely operated trucks. We have decades of experience with truck accident cases and have collected millions of dollars on behalf of our clients.

We’re often asked how we go about representing our truck accident clients and how we prove our cases against negligent truck drivers and unsafe truck companies. While every case is different and requires special action tailored to the unique facts of the case, there are certain general practices common to all cases that only highly-experienced truck accident law firms like ours have the skill and experience to fully utilize.

For victim compensation information, read "How Much Money is My Truck Accident Case Worth?"

Investigation of Negligent Truck Driver

In serious injury and wrongful death cases around the United States, we first investigate the conduct of negligent truck drivers and determine whether that conduct is in violation of federal, state and industry standards including the policies of the companies for whom the drivers are employed. We also evaluate the safety practices of large and small trucking companies to determine if there are patterns and practices affecting truck safety.

Investigation of Crash Scene

Trucking AccidentOur first job is to thoroughly investigate the crash giving rise to serious injury or death. This involves visiting and documenting the scene (including use of special photogrammetric cameras that both preserve and measure the crash scene). It also includes obtaining all police records and reports, interviewing witnesses, preparing scale and custom diagrams and collecting truck company safety data through federal and state law channels. It also involves retaining and working with the very best truck safety experts in the United States, including accident reconstructionists, truck inspectors, and transportation safety engineers, among others.

Investigation of Trucking Company and Possible
Violations of Federal and State Law

With few exceptions, truck drivers and trucking companies have to comply with Federal Motor Carrier Safety Regulations (FMCSR). These regulations govern virtually every aspect of truck and truck company operation. Violation of these regulations is evidence of negligence. Thus, we carefully collect and scrutinize FMCSR-mandated documents in order to determine if a collision occurred as a result of an FMCSR violation. Free copies of these regulations and much more information about them are available at the Federal Motor Carrier Safety Administration web site, http://www.fmcsa.dot.gov/.

State law also governs the conduct of truck drivers and trucking companies. In investigating a severe injury or fatal truck accident, we carefully determine if the conduct of the driver or company violated state law (in addition to federal law violations).

Most truck drivers are required to have a commercial driver license (CDL). Every state has a manual that sets forth the requirements for that CDL. The manuals, with relatively few exceptions tailored to an individual state’s laws, follow the CDL Manual published by the American Association of Motor Vehicle Administrators (AAMVA). Thus, when we investigate a trucking accident, we evaluate our investigation findings in light of the requirements set forth in the applicable state’s CDL manual. Driver conduct in violation of his state’s CDL manual is additional evidence of negligence.

There are also a number of industry groups that promulgate rules and regulations regarding truck safety. Although they do not have the force of law, they are evidence of due care, the standard by which truckers and truck companies are evaluated to determine if they were negligent.

One such organization is the Professional Truck Driver Institute (PTDI), a nonprofit organization that develops standards for driver training courses and motor carrier driver-finishing programs. PTDI standards may be found at the organization’s web site, http://www.ptdi.org/standards/index.aspx. Other private standards companies that develop formal training materials for commercial vehicle operators include J.J. Keller & Associates and the Commercial Vehicle Training Association.

As with government regulations, we evaluate the conduct of truck drivers that cause crashes by comparing that conduct with the standards of these and other agencies. Dangerous conduct in violation of these standards is evidence of negligence.

Most trucking companies have their own internal rules and regulations. Part of our investigation into any serious or fatal truck accident involves obtaining the trucking company’s own standards and determining whether they were violated by the conduct of the truck driver involved in the crash. Such violations are often the most compelling evidence since they involve violations of the rules their employers required them to follow.

If you have questions about a serious truck accident case or would like to have a free consultation with one of highly trained and experience truck accident lawyers, call 1-888-377-8900 (toll free), email Attorney Fred Pritzker or submit our online consultation form.


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