Investigating Trucking Companies
Our Plantation truck accident attorneys are ready to fight for you
One of the first steps involved in recovering compensation after a truck accident involves conducting an investigation of the crash. This is not always an easy process, as trucking companies control vital evidence that can provide crucial information. That’s why it’s important to work with an experienced attorney.
At Feingold Posner Draizin, our Plantation truck accident attorneys know how to investigate trucking companies and gain access to evidence that can support your claim. We use this evidence to build strong cases that hold negligent parties accountable and fight for the financial compensation you deserve.
We gather the evidence trucking companies don’t want you to see
Following an accident, trucking companies often send investigators to the scene. One of their jobs is to collect evidence that can help determine the cause of the accident. This allows them to control the narrative and collect the evidence that supports their version of events. We take steps to preserve and gain access to this evidence. It includes:
- Hours of Service (HOS) information – Electronic logging devices (ELDs) record the number of hours a truck driver has been on the road and resting. Federal regulations set strict limits on driving hours to prevent fatigue-related accidents. Data from ELDs can help determine if the driver violated these regulations, potentially proving negligence. If the logs show that the driver exceeded the allowable hours, it can indicate that fatigue may have contributed to the accident.
- Electronic data – Modern trucks are often equipped with Electronic Control Modules (ECMs) or “black boxes” that record various data points, such as speed, brake usage, and engine performance. This electronic data can provide a detailed account of the truck’s actions leading up to the accident. This information can be analyzed to determine whether the truck was speeding, if the brakes were applied correctly, or if there were any mechanical issues. This data can be used to corroborate witness statements, refute the truck driver’s claims, and establish the truck driver’s or company’s liability.
- Maintenance records – These records provide a history of the truck’s upkeep and repairs. These records can be vital in proving whether the truck was properly maintained according to industry standards and regulations. They can be used to identify if a mechanical failure, such as faulty brakes or worn tires, contributed to the accident. If the records indicate a lack of regular maintenance or ignored repair needs, it can demonstrate negligence on the part of the trucking company.
- Employment records – These records can reveal important information about the truck driver and the trucking company. They contain the driver’s qualifications, training, driving history, and any prior incidents or violations. They can be used to determine if the company exercised proper diligence in hiring and training the driver. Additionally, these records can help establish whether the driver was complying with company policies or if there were any pressures or incentives to drive unsafely, such as unrealistic delivery schedules.
We’ll also review other evidence – including official police reports, witness testimonies, and any available video or photographs. In addition, we’ll read through medical records that document the injuries you suffered.
Insurance companies will try to minimize your claim
Their goal is to find ways to justify paying you as little as possible. They will use various strategies to limit your compensation following a truck accident, such as:
- Offering quick, low settlements – Insurance companies may offer a quick settlement soon after the accident, often before the full extent of the injuries and damages is known. These initial offers are typically much lower than the total damages you suffered.
- Disputing liability – Insurers may argue that a trucking company or driver was not at fault or that you share some responsibility for what happened.
- Minimizing the severity of your injuries – Insurance companies may question the extent and severity of the injuries you suffered in the accident. Or they may argue the injuries were pre-existing.
- Delaying the claims process – Insurance companies might intentionally delay the claims process, hoping to pressure you into accepting a lower settlement out of frustration or financial necessity.
That’s why you need an experienced Plantation truck accident attorney who knows how to fight back.
Our attorneys used to represent insurance companies
We know how they approach cases like these. We’re very familiar with the strategies and tactics they’ll use to try to limit your compensation. Insurance companies handle claims every day, and they have the advantage after an accident. Our lawyers put our experience to work for you.
We carefully review the evidence gathered from trucking companies and build a strong case built on facts. Our attorneys know what to expect from insurance companies and fight back against attempts to pay you less. We’ll take an aggressive stance in negotiations until we reach a settlement that meets your needs. If a settlement can’t be reached, we’ll fight for you in court.
If you were hurt in a truck accident in Plantation or anywhere in Broward County, we can help. Contact us to schedule a free consultation.