Proceeding to success: 10 litigation tips involving truck, bus and other commercial motor vehicle carriers.
If you or a family member has been involved in a truck, bus, dump truck or other crash resulting in serious personal injury or death, it is important to consider obtaining legal representation. The quicker that legal help is obtained, the greater the probability that important information and potentional evidence may be identified, analyzed, collected and secured. Depending on when an attorney is hired, the following 10-step checklist may be useful in successfully litigating truck cases:
1. Hire investigators to photograph and videotape the crash site. They should take detailed pictures of the inside and outside and an overhead view (to show angle and severity of the impact) of all vehicles involved in the collision and, if possible, an overhead photo of the crash site.
2. Tape record statements of witnesses, police officers, investigators, emergency response personnel, the tow truck operator, the defendant driver and any passengers in the cab, and representatives of the motor carrier. Review written reports of investigating police officers and emergency personnel before taking their statements. Try to videotape statements at the collision scene so that witnesses can clarify and explain their testimony.
3. Immediately send a letter by certified mail informing the motor carrier, the truck driver, and the carrier's insurance company about the law firm's retention. The letter should clearly state that all physical evidence pertaining to the collision, including the vehicles, is necessary to investigate and prosecute the case and that the destruction or loss of evidence could result in a separate civil claim for spoliation of critical evidence.
4. Obtain legal title to the client's vehicle and the semitrailer. Locate secure storage facilities. If you are unable to obtain title to the vehicles, file a motion for a temporary restraining order to prevent any destruction or tampering of evidence until a thorough supervised inspection is completed.
5. Retain a competent expert to inspect the truck for mechanical difficulty, including improper brake adjustments. A mechanic and tow truck may be helpful to allow the expert to inspect all parts of the semitrailer, including the undercarriage, air brakes, and system operations.
6. File a lawsuit against the motor carrier and the truck driver. Attach comprehensive discovery documents to the complaint, such as interrogatories, requests for production, and requests for admissions, based on information that you have already obtained in the investigation. Request copies of all permanent and trip leases or contacts between the driver, the carrier, and the shipper to discover the legal obligations and responsibilities of each.
7. Request a motor carrier safety profile from Computing Technologies, P.O. Box 3248, Merrifield, VA 22116-3248. Obtain a driver's license record and criminal infraction sheet from the state where the truck driver's commercial driver's license was issued.
8. Consider whether to hire specialist to prepare an accident reconstruction and produce a computer animation of the crash.
9. Notice the deposition of the truck driver and the 30(b)(6) deposition of the motor carrier employee responsible for the safety and training of the company drivers.
10. File a nonparty subpoena to the defendant driver's previous employers to obtain a complete copy of the driver's employment file, including application, record of road test, violation history, and employment status and termination.
If you have a question about a truck, bus, dump truck or other commercial motor vehicle crash resulting in serious personal injury or death, please contact Indianapolis, Indiana based, truck wreck lawyer, Dan Chamberlain, at 800-269-3443. Dan is admitted to practice in Indiana and North Carolina but serves pro hac vice in many other states.
Doehrman & Chamberlain
10333 North Meridian Street Suite 100
Indianapolis, Indiana 46290