Truck Accident Investigation
The proper investigation for preparing and presenting a lawsuit against a trucking company involving personal injuries, and in many cases, catastrophic injuries can be extremely challenging which will require the services of an experienced personal injury law firm like Falanga & Chalker. Keep in mind that in almost every tractor trailer accident, the trucking company has their insurance company, experts and in many instances, their insurance company defense attorney at the collision scene within an hour of the collision. They train their truck drivers to call an emergency number immediately when involved in a collision which puts their defense team in motion to begin formulating a defense to the trucking collision. This is why it is important to hire a qualified personal injury attorney who is skilled in handling and investigating a trucking collision case.
Early discovery of important information and opinions are extremely important in the trucking accident claim for personal injury or wrongful death. The insurance company investigating a trucking accident will not share any of their evidence or investigation under the auspices that it is protected “work product” done in anticipation of litigation. See Tobacco Road v. Callaghan, 174 Ga. App. 539 (1985). Therefore, the sooner you hire a law firm who handles trucking accidents the sooner you can have your own team of investigators to counter balance the defense work done by the insurance company.
At Falanga & Chalker we immediately send out a preservation of evidence letter to the trucking company to prevent them from destroying any evidence such as truck cam footage or the downloadable black box information located on the truck or the federally mandated inspection reports, drivers logs and other valuable information. Under the Open Records Act (O.C.G.A. § 50-18-70, et. seq.) a request is sent to get all of the Public Service Commissions public records for the particular collision which on many occasions includes the police investigation with pictures and video taken by the police at the scene and the 911 call log. In many trucking collision cases it is important to consider hiring an accident reconstruction expert to assist in the investigation. The experienced trucking attorney will also conduct a thorough search of the government and private sources for additional information regarding the trucking company involved in the trucking accident as well as other general information, rules and regulations applicable to the trucking industry. These include the Georgia Public Service Commission (Motor Carrier Division); Federal Interstate Commerce Commission; Environmental Protection Agency; O.S.H.A.; U.S. Department of Transportation (Federal Highway Administration); American Trucking Association; Georgia Motor Trucking Association; Transportation Rules of the Georgia Public Service Commission and the Federal Motor Carrier Safety Regulations and Management.
Also, the interstate commerce trucking company involved in a trucking accident is required under federal law to file a written report of the collision with the United States Department of Transportation and you can get a copy of the report under the Freedom of Information Act. Any investigation of a trucking accident should be adapted to the particular circumstances of each individual case. A law firm familiar with handling a tractor trailer accident claim will be staffed with the right people who are knowledgeable in getting documents and evidence through the above listed agencies. Falanga and Chalker is the experienced trucking accident law firm that you are looking for. Please go to the home page and fill out the contact form so that our experienced trucking accident staff can assist you.