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RI & MA Truck Accident Litigation | How to win your case

 Truck Accident Litigation in Rhode Island A top Rhode Island Truck Accident Lawyer or MA semi-truck collision lawyer needs to have expertise and substantial experience in the intricacies of the Federal Motor Carrier Regulations. You do not want to trust your trucking accident / collision personal injury cause of action or truck death claim on a local RI or MA car crash lawyer who is also moonlighting as a traffic ticket or real estate lawyer.

Experienced truck accident lawyers in RI

An inexperience RI truck crash lawyer or Boston truck wreck solicitor will not have a working knowledge of these crucial and complicated regulations and laws. You can be sure that highly compensated insurance defense attorneys representing the trucking company or trucker will be well versed in these federal regulations and truck safety law. A truck wreck attorney usually also has experience in other motor vehicle accidents involving cars, motorcycles, vans, suv and automobiles (autos).

A top trucking accident plaintiff’s lawyer will carefully interview the victim to determine pertinent facts related to the truck and car accident. The RI truck accident lawyer or Boston attorney will request critical documents as part of the discovery litigation process and consult with top trucking safety consultants and experts. It may be necessary for the lawyers to retain an accident reconstruction expert to help prevail in the tractor trailer litigation. The Massachusetts semi-truck accident attorney will have access to the top trucking big rig litigation experts in the country and the resources to bring in the best accident reconstruction experts.

The motor carrier industry is replete with trucking companies, both for hire carriers and private carriers, who regularly put profit over safety and attempt to evade federal regulations and state laws. In 2012, there were over 10,000,000 large truck registered in the United States. Pocket Guide to Large Truck and Bus Statistic Private carriers transport goods, freight and shipments that are for the benefit of their own business. Other carriers move freight for other commercial entities or businesses.

There are dozens of different types or trucking accidents in Massachusetts (MA) and Rhode Island and Providence Plantations

This type of trucking accident ranges from rear end accidents, malfunctioning brakes or braking systems, defective tires and tire blowouts,  jackknife accidents, broadside ( T-bone accidents) and rollover accidents. Your RI or Mass truck accident attorney needs to have the resources and financial muscle to be able to take on big insurance and deep pocket trucking companies. Indemnity, insurance and liability companies are committing bad faith on a regular basis denying legitimate injury claims. If the indemnity corporation admits to some liability for the crash, they will try to offer pennies on the dollar to try to get rid of you. A big name experienced Massachusetts wrongful death lawyer or a Providence fatal truck accident lawyer will level the playing field and help the victim or the deceased family members get the compensation they deserve.

The injured victim should be asking their potential truck accident attorney if they have obtained any million dollar verdicts or multi-million dollar settlements in bus, truck, bicycle, cement truck, motorcycle or motor vehicle cases.

 What Caused the Trucking Accident?

Trucking collisions could be caused by numerous, perhaps hundreds of factors, including negligent and unsafe driving when a trucker drives carelessly. Carelessness could manifest itself in speeding, failure to change lanes appropriately or trucker inattention. Other causes of semi accidents or auto transport truck mishaps include distracted driving, texting while driving, weather conditions, road conditions, drunk driving, impaired driving, sleepy or tired driving, mechanical defects or mechanical issues, brake issues, shifting cargo, reckless driving speeding and worn down tires.

Many truck mishaps result from car motorists, van operators, bus drivers or motorcyclists driving negligently without due care or as a result of distracted driving.

“Every motor carrier, its officers, agents, representatives, and employees responsible for the management, maintenance, operation, or driving of commercial motor vehicles, or the hiring, supervising, training, assigning, or dispatching of drivers, shall be instructed in and comply with the rules in this part.” http://www.fmcsa.dot.gov/regulations/title49/part/392 Sadly, many motor carrier and trucking businesses fail to comply with these important safety rules which are intended to protect the public from, injury and death.

Investigating and litigating a semi truck crash | trucking accident

A top Rhode island truck accident lawyer or Massachusetts trucking collision attorney will ensure that there is no commercial driver’s license violations, that the trucker was qualified to drive such big rig, tractor trailer or 18 wheeler. The investigation may also look into the level of insurance provided by the carrier and whether the trucking company and or driver had adequate insurance to cover the loss.

Other important issues include: was the driver properly qualified, was the driver fatigued at the time of the truck crash, was the truck safe to be operated on highways, roads and streets of the United States. Is the management of the trucking company instituting proper controls are in place or adequate to insure adequate compliance with safety laws. The experience of the driver, and the condition of the highway or road could also play an important role in the collision.

The federal regulations take substantial measures to prevent sleepy, tired, drowsy and fatigued driving in the United States. http://www.fmcsa.dot.gov/regulations/title49/part/395
http://www.fmcsa.dot.gov/regulations/title49/section/395.3  The federal motor carrier safety administration also has also established “COMMERCIAL DRIVER’S LICENSE STANDARDS; REQUIREMENTS AND PENALTIES” http://www.fmcsa.dot.gov/regulations/title49/part/383  CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING http://www.fmcsa.dot.gov/regulations/title49/section/382.103 INSPECTION, REPAIR, AND MAINTENANCE http://www.fmcsa.dot.gov/regulations/title49/part/396

Some 18 wheeler litigation goes to mediation, arbitration or alternative dispute resloution. This is a way for the insurance company and injured victims to resolve the cause of action without a big rig trucking crash tjury trial on the merits. “In 2012, among the 253,639,386 total registered vehicles in the United States, 8,190,286 were single-unit trucks (straight trucks), 2,469,094 were combination trucks (tractor trailers), and 764,509 were buses. FMCSA regulates all registered commercial motor vehicles (CMVs) that operate interstate or that carry hazardous materials (HM).” Id.

THE NTSB and truck collisions and trucking accident

The NTSB reported on a truck and car crash: “The truck driver was negotiating a left curve in the right lane on the connection ramp, which consisted of two southbound lanes, when the combination unit began to encroach upon the left lane, occupied by a 2007 Volvo S40 passenger car. The truck driver responded to the Volvo’s presence in the left lane by oversteering clockwise, causing the combination unit to veer to the right and travel onto the paved right shoulder. Moments later, the truck driver steered counterclockwise to redirect and return the combination unit from the right shoulder to the right lane.

“The truck driver’s excessive, rapid, evasive steering maneuver triggered a sequence of events that caused the cargo tank semitrailer to roll over, decouple from the truck-tractor, penetrate a steel W-beam guardrail, and collide with a bridge footing and concrete pier column supporting the southbound I-465 overpass. The collision entirely displaced the outside bridge pier column from its footing and resulted in a breach at the front of the cargo tank that allowed the liquefied petroleum gas to escape, form a vapor cloud, and ignite. The truck-tractor came to rest on its right side south of the I-465 overpasses, and the decoupled cargo tank semitrailer came to rest on its left side, near the bridge footing supporting the southbound I-465 overpass.”

“The truck driver and the Volvo driver sustained serious injuries in the accident and postaccident fire, and three occupants of passenger vehicles traveling on I-465 received minor injuries from the postaccident fire. At the time of the accident, the sky was overcast, winds were calm, pavement was dry, and the temperature was about 58° F.” http://www.ntsb.gov/investigations/AccidentReports/Pages/HWY10MH001.aspx

Call Rhode Island Personal injury Attorney David Slepkow 401-437-1100.