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Attorney Flora Templeton Stuart has represented the injured in tractor-trailer accidents for over 30 years.
She can help you protect your rights while her law firm will leave no stone unturned. Serious injury cases
that are litigated may include hiring of investigators initially to immediately document evidence and later
the retaining of Federal Motor Carrier Safety Regulations, and establish the liability of the trucking company.
The Law Firm of Flora Templeton Stuart represents persons who suffer damages
due to the negligence of another. We work hard to collect all the money our
clients deserve. Each case is different and the collection of damages is based
on many factors to include insurance coverage, the extent of your injury, and
the unique facts of your case.
How does one establish liability in accidents involving large trucks?
•
The use of the Federal Motor Carrier Safety Regulations (FMCSR) code may be an important tool to establish liability in truck cases and to show the negligent conduct of the
truck driver and the motor carrier who contributed to or caused the collision. Auto accident attorneys in Bowling
Green, Kentucky can help you understand how the regulations may apply to your specific case. [For more information
on Truck Safety check out http://www.trucksafety.org]
•
Truck driver and motor carriers may be jointly and severally liable for violating the regulations. In most jurisdictions, a violation of a statute or ordinance adopted for the
public's safety may be negligence per se and may establish the violator's civil liability.
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Before the negligence per se doctrine can apply, injured parties must show that they are members of the
class that the statute or ordinance was intended to protect.
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In addition the injured party must show that the injuries suffered were of the kind that the statute was enacted to prevent. Further the party must show that the statute or
ordinance prescribes or proscribes the conduct at issue and that this conduct proximately caused the alleged harm.
What evidence must be secured after a truck crash?
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In truck crash litigation, it is important to immediately secure all evidence that may otherwise be lost, destroyed, or become unavailable. For example, the FMCSR requires all
drivers to complete a log book (also known as Record of Duty Status) to document the number of hours the driver has
operated the truck, been off duty, and been on duty but not driving.
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The FMCSR establishes timetables for drivers to file records with the motor carrier within 13 days of completing the approved log. The driver's home terminal must keep the logbook
until the 20th day of the next calendar month. The book is then forwarded to the carrier's principal place of business
and retained for 6 (six) months.
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Immediately after a crash, trucking company representatives and its accident reconstruction experts
will secure the semi trailer and perform the background investigation.
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Critical evidence inside the truck, including beer cans, pep pills, cellular phones, magazines and
duplicate logbooks may be removed.
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The truck itself may be sold for scrap and destroyed before auto accident attorneys can even be consulted by members of the victim's family to protect their interests. Contact
our office today to prevent this from occurring.
The law firm of Flora Templeton Stuart will request the following documents:
Driver logs
Accident & incident reports
Bills of lading
Border crossing reports
Waybills
Cash advance receipts
Credit & debit card receipts & statements
Customs declarations
Delivery receipts
Dispatch & assignment records
Driver reports
Dispatch & assignment records
Driver reports
Expense vouchers
Freight bills
Fuel billing statements
Fuel receipts
Gate receipts
Data provided by global positioning & cellular systems
Inspection reports
Invoices
Interchange reports
International Registration Program receipts
International Fuel Tax Agreement receipts
Lessor settlement sheets
Lodging receipts
Lumber receipts
On-board computer reports
Over/short & damage reports
Overweight/oversize reports & citations
Ports of entry receipts
Telephone billing statements
Toll receipts
Traffic citations
Transponder receipts
Trip permits
Trip reports
Weight/scale tickets
Is there a possibility of third party liability?
In severe crashes, it may be prudent to search for entities partly or wholly responsible for the
collision. For example, a company that loaded its goods into a trailer may be liable for damages caused
by the negligent loading or configuring of the trailer if the contents shift and cause the vehicle to lose
control or the contents fall on people unloading it.
Due to the complexity of the laws surrounding the specifics of accidents involving large trucks, require
prompt action to secure the proper evidence. You should consult a qualified personal injury attorney immediately.
Your rights are our priority at the Law Firm of Flora Templeton Stuart. Call our office now for a free
consultation.
A motor carrier is required to maintain a driver qualification file for each driver it employs. The file must contain the following:
1.
The driver's application for employment completed in accordance with 49 CFR 391.21.
2.
Written responses from previous employers and state agencies contacted as per 49 CFR 391.23 involving investigations
and inquiries of the driver's driving and employment record during the 3 years preceding the application for employment.
3.
The certificate of driver's road test issued to the driver pursuant to 49 CFR 391.31(e) or a copy of the
license or its equivalent accepted pursuant to 49 CFR 391.33.
4.
Written responses from state agencies of every state in which the driver held a CDL in the previous 12 months to
the motor carrier's annual driver record inquiry pursuant to 49 CFR 391.25(a).
5.
A note naming the person who reviewed the driver's driving record and the date of the review pursuant
to 49 CFR 391.25(c)(2).
6.
A list or certification furnished to the motor carrier by the driver setting forth all traffic violations for
which the driver was convicted or forfeited bond or collateral during the past 12 months pursuant to 49 CFR 391.27.
7.
The medical examiner's certificate or a legible copy of the driver's physical qualifications to
drive a commercial motor vehicle as required by 49 CFR 391.43(f).
8.
Any letter of waiver of a physical qualification, if issued, pursuant to 49 CFR 391.49.
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