When Can A Lawsuit Be Pursued Against A Trucking Company After An Accident

Since 2008, more than 100,000 people have been injured, many seriously, after an accident with a truck or big-rig. In Kentucky, there are a number of situations or reasons why a truck could cause an accident. Here are a number of the more common reasons I’ve seen. Truck Driver Fatigue Truck Driver ...

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Who Can Sue For Injuries or Wrongful Death After A Truck Accident

In Ohio and Kentucky, the individual that was was injured can sue, and in some cases a spouse can sue as well. If a death occurred, a family member can pursue a wrongful death claim on behalf of all family members and can pursue a lawsuit against the truck driver and ...

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Truck Accident Case Investigation


Unfortunately, plaintiffs are almost always behind the trucking company or their insurance company when investigating a commercial motor vehicle accident. Immediately upon notification that an accident has occurred, the company dispatches experts and investigators to the accident. Because many big truck accidents involve severe injuries or fatalities, the trucking companies investigate them thoroughly and retain experts necessary to establish their defenses immediately.

It is not unusual for a big truck carrier to have the accident reconstructed by its own reconstructionist before the accident scene is cleared. Defense attorneys for the Trucking company can sometimes obtain witness interviews on the day of the accident, and often will interview the driver on the same day.


Preserve Evidence


Those injured in the accident or family members of those that die in the accident often do not contact an attorney until weeks or months later. As a result, much of the physical evidence may have been altered, destroyed or repaired. At Robert L Poole & Associate, our attorneys attempt to preserve as much physical evidence as possible after being retained by the client.

We immediately send a letter to the insurance company requesting that any accident data or other information be preserved. Examples of such evidence includes photographs, log books, electronic control module (black box) data, satellite tracking data, accident reconstructionist measurements, the actual vehicle or other equipment involved.


Maintain Records


Most of the regulations that require trucking companies to maintain records such as log books, maintenance records, etc. only require the companies to maintain them for a period of six months. Our attorneys let the trucking company know it has an obligation to maintain the records because of a potential lawsuit. This strategy will prevent the company from relying on its policy of destroying records after six months.


Maintain Condition of the Vehicle


Although trucking companies have the right to repair their vehicles and return them to service, they also have a duty to maintain the condition of the vehicle if requested to do so until the attorneys or their investigators have an opportunity to inspect the truck. The condition of the vehicle is very important in those cases that require an accident reconstructionist or mechanical expert.

As part of our investigation we will attempt to locate all vehicles, photograph them and request that they be preserved, including the client’s vehicle. We will hire the appropriate accident reconstructionist or expert.


Witnesses and Experts


It is important to interview the witnesses to the accident as early as possible to avoid problems locating them later.

It is very important for a plaintiff’s lawyer to begin the truck accident investigation as soon as possible.

The truck accident attorneys Bob Blau and Rob Poole will thoroughly investigate your truck accident to determine the cause of the wreck and the responsible parties. We will move quickly to interview witnesses and hire experts. We will promptly recover data from the driver’s log book, and the truck’s maintenance records, satellite tracking system, and it’s “black box” data recorder, if it is equipped with one.





For a free consultation, contact our truck accident lawyers, Bob Blau & Rob Poole, THE TRUCK CRASH GUYS, by calling (513)-421-0035 or by submitting the contact form found just to the right.

2300 Montana Avenue, Suite 230
Cincinnati, OH 45211

2656 Crescent Springs Road
Ft. Mitchell, KY 41017

3699 Alexandria Pike
Cold Spring, KY 41076