The Complexity of Trucking Crash Litigation

Truck accident litigation allows trial lawyers the opportunity to combine a wide range of skills and trial techniques in working on a single case. Few areas of litigation compare with the complicated interplay of law and incident facts that exists in truck accident litigation.
In most trucking accident cases, the complex interaction of state and federal law presents issues that make these cases significantly different from most other motor vehicle litigation. Additionally, due to the nature of truck accidents, nearly every case involves significant damages claims such as deaths, catastrophic injuries (e.g. lost limbs), or complex injuries (e.g. brain trauma). Furthermore, the subject matter of truck accident litigation cases often demands the use of high-tech trial presentation techniques to adequately demonstrate the issues.

Due to the high stakes and complexities involved, trucking cases can be among the most sophisticated and gratifying cases a lawyer can handle.

Preparation and the need for rapid action

As soon as Whiting Law Group agrees to represent a client who has been injured in a truck accident, we must endeavor to discover as much as possible about the facts of the accident. The availability and accuracy of information quickly deteriorates after an accident, therefore an extremely expeditious information gathering process is critical.

Trucking companies understand this need for swift action and many insurance defense lawyers in the trucking industry actively market their ability to place “rapid response” investigation teams at the accident site as soon as the truck company or insurer calls them.

While truck companies and their trucking accident rapid response teams are planning their strategy and marshaling evidence favorable to their case, the injured parties are typically hospitalized — with litigation being among the least of their concerns. Whiting Law Group seeks to act quickly on behalf of our injured clients both to relieve the client’s need to focus on the pending litigation, as well as to insure the opportunity to gather valuable evidence is not missed.

Further complicating this need for prompt action is the federal regulatory structure, which only mandates that the trucking company retain certain vital records for six months after an accident. This relatively short timeframe applies regardless of the length of the statute of limitations.

As a practical reality, the injured clients often retain attorneys well after the truck companies’ lawyers have become involved in the case. This makes it the plaintiff’s attorneys’ responsibility, once retained, to begin immediately preserving the evidence needed to win the case.

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