Truck accident cases are different. They are not just car accidents involving bigger vehicles. It is important to select an experienced and knowledgeable truck accident lawyer to represent you in an accident case involving a truck.
Statistics. It is important that your truck accident lawyer be familiar with the the truck accident statistics. Probably no other area of common life, except for baseball, and medical research on known diseases, is as closely measured as American traffic accidents, injuries, and fatalities. It is important for your lawyer to know about the statistics, to recognize an aberration, and to be able to distinguish the case on liability or to advise you on the probabilities of winning a case.
In the U.S., 10% of all traffic fatalities are related to truck accidents. In 2013 there were 4251 total fatalities in large truck and bus crashes in the United States. By comparison, there were 44,868 total traffic fatalities from all vehicle crashes in 2013 in the United States. As an example, there were 33 fatalities due to multiple-vehicle fatal crashes involving large trucks in Colorado in 2013.
It is common sense to conclude that an accident with a truck weighing more than 10,000 lbs., gross combined vehicle weight, will be more serious than a fender bender with a sedan, or an economy/hybrid. The statistics show that it is more likely that a trucking accident case will result in a catastrophic death or a fatality.
Why Chalat Hatten & Banker PC for your truck accident case? We are highly experienced in truck accident cases. We are licensed to practice and highly experienced in state and federal court. We have a depth of knowledge and experience in all of the regional federal courts including in Colorado, Wyoming, Utah, Arizona, Nebraska and Kansas. Our experience involves trucking accidents which have occurred on all of the major regional Interstate Highways including: I-70 from Lamar to Grand Junction, I-76 from Julesburg to Arvada, I-25 from Larimer County to Raton Pass,I-80 in Nebraska, and Arizona: I-15.
We are ready to go on a few moments’ notice. We have excellent relationships with key expert witnesses, and have the respect and good faith relationships with the relevant law enforcement and medical provider communities. Our credentials include Best Lawyers in America, American Board of Trial Advocacy, board certifications by NBTA, and a pre-eminent rating by Martindale-Hubbell. If you have been in a truck accident, call our office; our messages go right to our voice mail. If you have had a death or catastrophic injury truck accident call our cell phone immediately at 303.882.4781. If we don’t pick up we will return your call very quickly.
Why are truck accidents different?
a. FMCSA, DOT, regulations govern safety on the highway and set standards of care for over-the-road carriers.
b. Standards and duties of care can also vary with the applicable state law, and at times, federal precedent based upon a mix of federal regulations and state law.
c. Often involve multiple parties from different states. Thus, your lawsuit and any potential trial likely will be conducted in federal court. It is essential therefore that you are represented by an experienced truck accident attorney who is licensed, knowledgeable and experienced in federal courts. As a member and former board member of the Faculty of Federal Advocates, Jim Chalat has had extensive litigation, trial and appellate experience in the United States District Courts and the United States Courts of Appeals.
d. Truck accident cases are more complex, complicated and expensive than car accidents. Trucks are valuable. Truck companies often are large international conglomerates, and have a highly paid legal team whose job it is to avoid having to pay for damages in any case, especially catastrophic cases. The lawyers come from the best insurance defense law firms in the nation, and you need a lawyer who has the resources, experience, patience, and skill to fight and win against these defense teams.
e. Insurance & fractured/divided ownership, authority, lease relationships.
The terminology used by truck drivers, carriers, law enforcement and experts, in trucking accidents is different. Your truck accident lawyer better know the terminology before he or she takes the case. Here are several terms, abbreviations for key regulatory agencies, and databases that are “must-know” for a lawyer who is handling a truck accident case. If the lawyer you are talking with doesn’t have this info at the tip of his or her tongue or at the click of a keyboard, then you should call me.
i. FMCSA. The Federal Motor Carrier Safety Administration (FMCSA) is an agency in the United States Department of Transportation that regulates the trucking industry in the United States. The primary mission of the FMCSA is to reduce crashes, injuries and fatalities involving large trucks and buses. FMCSA has an annual budget of $670 million. Funding for the FMCSA has been criticized as stringent and inadequate to regulate the safety of an industry with estimated gross revenues (including private carriers) of $255.5 billion. For every $1 spent on regulated commercial vehicle transportation less than half a penny ($0.0026) is spent on safety regulation.
1. The FMCSA hosts two critical safety-related-websites, which provide inside data and must be used by your truck accident lawyer to background research any trucking company (CMV DOT Carrier) which is involved in an accident.
a. SMS is the FMCSA Safety Measurement System. SMS measures seven safety related categories (BASICs) for each carrier and will post a report card with a thorough review of each Carrier’s safety record.
b. SAFER, the Safety and Fitness Electronic Records System provides a company snapshot on a number of safety and violation
c. Critical safety data is compiled by the National Highway Traffic Safety Administration (NHTSA), Fatality Analysis Reporting System (FARS) and General Estimates System (GES).
ii. CMV: A Commercial Motor Vehicle. A CMV is defined by the FMSCA as:
1. Weighs 10,001 pounds or more
2. Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
3. Is designed or used to transport 16 or more passengers (including the driver) not for compensation
4. Is designed or used to transport 9 or more passengers (including the driver) for compensation
5. Is transporting hazardous materials in a quantity requiring placards. See more.
iii. HOS: Hours of Service. The main reason for the hours-of-service regulations is to keep fatigued drivers off the public roadways. These regulations put limits in place for when and how long a CMV driver may drive, be on duty, and the required rest intervals. The hours-of-service regulations are found in Part 395 of the Federal Motor Carrier Safety Regulations. These regulations are developed and enforced by the FMCSA. A violation may be the basis for a claim of negligence.
Hours of Service (“HOS”) are broken up into 4 categories: hours of driving, hours on duty, rest, and off-duty hours. At the heart of the rules is that a driver generally is permitted to work a 14 hour day of which no more than 11 hours may be spent driving, and during that 11 hour period, the driver must rest for 30 minutes after an 8-hour stretch behind the wheel. The rules are very complicated as demonstrated by the current FMCSA handbook for drivers.
In 2014, under pressure from large trucking interests, FMCSA actually loosened a provision for drivers working the longest hours by relaxing the requirement for the so-called 34-hour restart provision.
iv. CDL: Commercial Driver’s License. Driving a Commercial Motor Vehicle (CMV) requires a higher level of knowledge, experience, skills, and physical abilities than that required to drive a non-commercial vehicle. In order to obtain a Commercial Driver's License (CDL), an applicant must pass both skills and knowledge testing geared to these higher standards. Additionally CDL holders are held to a higher standard when operating any type of motor vehicle on public roads. Serious traffic violations committed by a CDL holder can affect their ability to maintain their CDL certification. - See more
v. Medical Examination Report for Commercial Driver Fitness Determination. The Federal Motor Carrier Safety Administration requires that interstate commercial motor vehicle drivers maintain a current Medical Examiner’s Certificate to drive. As part of the physical, the driver is required to fill out the medical history portion of the Medical Examination Report of Commercial Driver Fitness Determination. The lawyer handling your case needs a full copy of the driver’s Medical Examination Report which is typically part of the Driver Qualification file which by law must be maintained by the DOT licensed carrier which employs the driver.
vi. Motor Carrier. In general, companies that operate CMV(‘s) for-hire, transport passengers in interstate commerce, and/or transport hazardous materials are required to have interstate Operating Authority (MC number) in addition to a DOT number.
vii. Driver Qualification File. Often referred to as the “DQ,” this does not refer to a frozen dairy dessert. Every Motor Carrier operating under an Operating Authority or a DOT number is required to maintain a driver qualification file for each driver it employs. The file must include: the driver’s application for employment, inquiry to previous employers; the driver’s driving record for last 3 years prior to hire; annual inquiry and review of the driver’s driving record; the annual driver’s certification of violations and annual review; the driver’s road test and certificate, or the equivalent to the road test; the driver’s medical examiner’s certificate; and if granted, a waiver of physical disqualification for a person with a loss or impairment of limbs or other condition and/or impairment.
English language: There has been a large influx of non-English speaking drivers into the interstate long haul industry. FMCSA regulations require that drivers of commercial motor vehicles (CMVs) operating in interstate commerce be able to ‘‘read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals, respond to official inquiries, and make entries on reports and records.’’ The inability to speak English can figure in causing an accident. In our experience, having deposed a number of drivers and carrier personnel through interpreters, it is apparent that the English language requirement is often disregarded. The inability to speak English can contribute or cause an accident in a number of ways: the inability to understand and comprehend technical information on the operation of the tractor-trailer combination he or she is driving; the inability to properly communicate or hear warnings from other drivers made by CB radio transmission; the inability to dial and call 911 to inform a state highway patrol dispatcher of a hazard, an accident, or the need for assistance.
Rapid Response. It is important that your lawyer respond quickly. At Chalat Hatten Koupal and Banker, our personal cell phones receive after-hours phone calls to our offices. If you have been involved in a serious truck accident case involving catastrophic injuries or death, do not hesitate to call us on our cell phones. Our lawyers are able to respond quickly, and can initiate a prompt response with expert witnesses and our own investigators. Each attorney is capable of interviewing witnesses, talking to law enforcement and local law officials such as the county coroner or attorney, and taking photographs of the wreckage, the accident scene, and of other evidence.
a. Many trucking companies’ tractors are set up with electronic/digital satellite monitoring. This monitoring generates an electronic log of the truck and driver’s time of service and hours on duty in order to assure compliance with the United States Department of Transportation permissible hours on duty and driving hours.
b. However, many trucking companies refuse to integrate their vehicles into an electronic monitoring system, which means that the drivers make written records. In many cases these hand written logs are inaccurate, illegible, incomplete, and in some cases outright falsified.
c. Whether by electronic logging data or by a cell call to an on-duty employee, the instant an accident occurs, the insurance defense team is notified, and within 24 hours an investigator is on the scene, interviewing witnesses, law enforcement officers, photographing the wreckage, the highway, and creating a narrative consistent with their own corporate and monetary interests. This often involves contacting the local press, media, and social media in order to disseminate the corporate line of attack on the victims, or on other causes. The investigators and lawyers will also jump on their computers as soon as they learn the identity of any one injured or killed, and capture any public social media profiles of the victims. As soon as possible, and consistent with state law (for instance, in Colorado, an insurance statement may not be taken from a victim who is in the hospital) the investigator or the trucking company lawyers will try to get statements from the victims or the victims’ family. The questions will be intended to bolster the trucking company’s version of events. In no event are you ever obligated to talk with an insurance or trucking company lawyer or investigator unless you are in a lawsuit, represented by counsel, and a deposition is noticed of you.