How has technology advanced the trucking industry over the
years.
Several years ago, ECM (Electronic Control Modules) install to regulate
and record gas usage
- Well , these black boxes also record when brakes
were applied , what gear the truck is in at point of impact
etc.
- So ECM data can help make a case against the trucking company
- Satellites
now track the location of truck for purpose of estimate time
of delivery.
- Fuel cards or point of destination charges link a time and location
to fueling for gas
How is this technology useful to a plaintiff's lawyer in building
a case against a trucking company?
We have litigated a lot of trucking cases. The data recorder device
can help establish basic information regarding the point of impact,
i.e. if they applied their brakes, etc.
With the satellite trucking data and the fuel records, it is relatively
easy to establish that the drivers log books have been falsified.
For example, the log books may show that they were asleep in the sleeping
berth, when the satellite data records that they are really still on
the road driving in violation of the drive time rules.
Is it a good idea to handle a trucking case on your own, or
do you really need to hire an attorney?
Trucking companies typically have an in house Safety Director who
will show up with a team immediately after an accident. So while
you are still in the hospital, the trucking company is trying to build
their defense or to shift the blame to you... So it is important
to hire an attorney.
It is also important to hire an attorney soon after the accident,
since the data recorders will loop... In other words, write over
the accident data and other vital evidence can disappear.
This summer there is a lot of construction on our highways.
What if a case does not involve a commercial truck, but is due to
a road defect. Can you sue the state if you feel an unsafe highway
caused your accident?
There is a legal concept known as sovereign immunity. It is an English
phrase that means "the King can do no wrong".
By statute, the state consents to being sued, and sovereign immunity
is waived when it is caused by
- Negligence of a public employee while
driving a vehicle while on the job; or
- A Dangerous condition on
the property
Let's say the government or a government employee caused an
accident, is there a cap or limit on how much the government
has to pay?
The current cap on damages is for slightly over $300,000.
How do you build a case against the state or a construction
crew? Who decides what conditions are legally safe when a highway
is built or maintained?
The standard followed by most construction crews is the Federal Highway
Administration's Manual on Uniform Traffic Control Devices This
document, describes safe practices for highway construction.
For example, it sets out how to safely mark off the construction site,
distance requirements for signage indicating, and other safety standard.
The best way to avoid an accident is to pay attention; Slow
down in construction zones and obey all warning signs.
