Our firm recently settled a trucking case that was turned down by two other law firms. Apparently, those law firms turned the case down because the Uniform Traffic Accident Report indicated that our client was the primary contributing driver in the wreck. In other words, based on the report, it would appear that our client was at fault. However, after a thorough investigation, we determined that the law enforcement officer who handled the wreck did not thoroughly investigate the accident. The officer failed to interview our client, who was taken to the local hospital emergency room. Nor did the investigating officer interview the other motorist who was involved in the wreck.
After we completed our initial investigation, we determined that a truck driver had struck our client’s truck and trailer as he was traveling in the right hand lane of I-85 with his vehicle’s emergency flashers operating. At the time, our client was traveling at approximately 45 to 50 miles per hour behind another vehicle that was having mechanical problems and was attempting to make it to the next exit to have repairs made. The two vehicles had been traveling in the right hand lane for over 1000 feet that night before our client was struck.
After completing all of the pretrial discovery in the case, we determined further that the Texas trucking company hired a driver with a questionable driving history. While he was driving for the Texas company during the 18 months prior to this wreck, the driver accumulated three more serious moving violations. It was clear that the company not only failed to check out the driver’s prior history, but also failed to properly supervise the driver after hiring him, and failed to audit his logs. We were able to find over fifteen to twenty log violations by the driver in the five months prior to the wreck involving our client.
At first glance one could see how many lawyers would pass on this case after reviewing the investigating officer’s report. Only through a thorough pre-suit investigation and pretrial discovery process, were we able to determine how the wreck actually occurred. We found that our client was not at fault. We also learned that the Defendant trucking company completely failed to adhere to the Federal Motor Carrier Safety Regulations that govern its conduct. While most motor vehicle accidents are thoroughly investigated by the investigating officers, this one seems to have slipped through the cracks. The case was settled on a satisfactory basis for our client by Mike Crow of our firm. Mike and his support staff did an outstanding job investigating and working up this case.
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.