HOW TO PROPERLY FIGHT TRUCKING ACCIDENT LAWSUITS
Considering how lawsuits from trucking accidents can cost you millions of dollars, you must take it seriously. Take the proper measures to protect your company ahead of time. Due to the nature of the work, you may not be able to avoid accidents, but you can reduce the cost of them.
EVIDENCE MATTERS
Your lawyer can fight a trucking accident lawsuit with proper evidence. They can use a variety of sources to show evidence to the courts. Keep in mind, you must build the case immediately because most of the evidence available will vanish after several weeks. You must take action immediately because it can save you from higher costs down the road. Lowering liability often comes from the ELD device.
Truckers must be complying with all mandates, and a failure to comply could leave you open to litigation. For that reason, you should emphasise to your truckers how no one violates the HoS. Another example of evidence that a trucking company can use is cell phone records. You can use text messages, GPS data and emails to show that you were within your rights. For example, you can use the information to show how you were where you said you were at that time in the logbook.
RECEIPTS
Especially if you were in an accident with another driver, they may fight you in whatever way that they can find. Having receipts to show your lodging, gas and food will give validity to your logs. At the same time, it could prove your logbook false, which could land your company in legal trouble. Your lawyer will gather evidence of weigh station records and booth tickets. This will show the accuracy of your logs.
VEHICLE MAINTENANCE RECORDS
You may be able to show how your truck was getting maintenance or repairs at a specific time. Having a lawyer will show how you took a sufficient amount of time to make the repairs on your truck. This action can reduce your level of liability. Once you have proven that you keep an accurate logbook, the other party will have a harder time going after you. At the least, it can help to reduce the amount of liability that your company has a duty to pay for.
RELOCATE THE JURISDICTION
Rather than fighting a case in a rural county, you can try to have the case moved to the jurisdiction where you are headquartered. Especially in cases where you feel belittled or devalued, you may find it advantageous to either move the case out of the county or even take it to the state of your headquarters. One of the big problems with how juries are selected is the location and requesting a relocation can help combat this. This does take more work, but it can change the tide to give you a more favourable result.
Also, be aware of how you must choose the right lawyer for this action. They should have a thorough knowledge of how to do this correctly. Due to the size of the truck, trucking accidents are some of the most horrific, and they often lead to a fatality. Because of that, they have a higher risk of facing lawsuits, and you need to know how to protect yourself.