Serious accidents involving public or private transportation (including trucking accidents, airline accidents, passenger or commuter railway accidents or accidents involving trains, buses, or limos) are more complicated than passenger vehicle accidents. Often, an injured party faces more red tape, insurance regulations and procedural hurdles that are actually designed to limit or eliminate liability.
The attorneys at THE GASPER LAW GROUP are serious about Helping People First and are well positioned to stand up for the rights of those injured in serious trucking or bus accidents. Trucking and bus accident litigation involves far more than a police accident report and filing a lawsuit. Trucking and bus accidents involve commercial and/or governmental entities with significant resources and defense lawyers whose job is to limit liability of their insured drivers and trucking company clients. When they other side has a team of professionals and experts with the shared goal to limit your recovery, call THE GASPER LAW GROUP to assemble your own team.
Trucking accidents also involve some of the most serious injuries, which require additional analysis as to the impact, permanency and ongoing nature of medical treatment. Trucking accidents and other catastrophic accidents are not for the faint of heart. If you are the victim of a serious accident and just want a quick (yet undervalued) settlement, please don’t call us. THE GASPER LAW GROUP is dedicated to working with our clients to maximize potential recoveries whether the recovery is achieved by strong negotiation based on experience and a command of the facts of your case or whether the recovery is based on solid litigation and courtroom presentation. Serious accidents require diligence, knowledge of the major transportation industry and the ability to operate under pressure. Oftentimes, success is a result of stamina to withstand the litigation process that can be intentionally delayed by the insurance companies and the attorneys retained specifically by the insurance companies to represent their drivers.
As it turns out trucking and bus accidents are some of the most avoidable accidents. Federal and state regulations set stringent requirements for truck drivers that a trucking company must adhere to for the protection of the general public. These accidents routinely involve speeding, improperly secured loads, aggressive driving or tailgating, impairment from alcohol, drugs or over-the-counter medication, or failing to adhere to the usual and customary rules of the road. A recent trend involves distracted drivers who may be texting (mobile text messaging), emailing or surfing the internet when the collision occurs.
Fault in truck accidents does not end with the driver. To be sure, a trucking company or freight line may be liable for the actions or negligence of an employee or agent driver. In addition, the owner (if someone other than the driver owns the truck or trailer involved in the accident) could be liable. A manufacturer could also be liable for the cause of an accident or perhaps a shipper who was responsible for improperly securing cargo on a semi-trailer intended for shipment. We take for granted when passing an 18-wheeler that the massive loads resting on the trailer are secured properly. Would you be surprised that the driver is responsible for securing the load in addition to a ship yard supervisor or the manufacturer and/or trucking company who provides instructions and guidelines for securing properly all cargo? The good news is that THE GASPER LAW GROUP can provide answers to questions you had no idea to ask and can analyze who should be held responsible when a major accident occurs.
Although trucking accidents comprise about three percent of the overall motor vehicle accidents in the United States, it is no surprise that trucking accidents involve more serious injuries and wrongful deaths than an accident between passenger cars. The impressive size and weight of most commercial trucks on the road combined with negligence in operating or maintaining a commercial truck can lead to catastrophic and sometimes fatal outcomes.
The attorneys at THE GASPER LAW GROUP can navigate our clients through the complicated maze of local, state and federal laws and regulations governing truck drivers and trucking companies including the bulk of federal regulations codified in Title 49 of the Code of Federal Regulations.
In Colorado, an attorney must be familiar with trucking requirements issued and regulated by the Colorado Department of Transportation (CDOT), the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA).
The attorneys at THE GASPER LAW GROUP can steer your case through the maze of finger-pointing between driver, trucking company, supplier, manufacturer and every other party that may be potentially liable for a major trucking accident. The attorneys at THE GASPER LAW GROUP also know how to obtain and preserve information from the right sources including on-board electronic control modules (ECMs), global positioning systems (GPS) and accident reconstructions performed by qualify experts.
* Matthew B. Drexler is a Partner practicing in the Civil Litigation Division at The Gasper Law Group, PLLC located in Colorado Springs, Colorado. Mr. Drexler can be reached at (719) 227-7779 for more information and to candidly discuss your case.