The trucking industry has made great strides in protecting the public against major truck accidents. Safety standards are continuously reviewed.  Trucking companies realize the importance of having very strong safety programs and often have dedicated management personnel in place to promote trucking safety.  Trucking equipment and technology continues to improve.  Industry trade organizations such as the Trucking Industry Defense Association have been formed with the goal of promoting trucking safety and raising awareness among industry leaders.

             Contrary to the public’s perception, the trucking industry goes to great strides to prevent serious truck accidents.  Many truck accidents are highly defensible because they are not the result of any negligence on the part of the truck driver or his company.  Therefore, when a major truck accident occurs it is important to have a 24 Hour Emergency Response plan in place. A truck accident defense in a major accident must be initiated almost immediately after an accident occurs.

             All truck companies should have a designated “on call” member of management available during all hours of trucking operations to handle a major truck accident investigation.  This trucking company representative should have available a truck accident defense lawyer in each jurisdiction where the company does business.  The company should also contact its insurance carrier immediately after a serious accident occurs. 

             The information which needs to be obtained immediately after a crash includes:  exact location of the accident, name of the investigating law enforcement agency and/or officer in charge, description of personal injuries involved and number of injured individuals, and description of how the accident occurred. An early investigation should identify any witnesses by name and contact information.

             As part of any 24 Hour Emergency Response, the response team should try to secure the following additional information and/or undertake the following efforts:

  • Driver’s log;
  • Trip manifest;
  • Post-accident drug/alcohol testing;
  • Electronic control module information;
  • Qualcom or any type of electronic control (ECM) information (if any);
  • Investigation report or photographs;
  • Defendant truck driver personnel records;
  • Equipment lease information (a copy of the lease);
  • Copy of trip lease or permanent lease applicable to tractor-trailer;
  • Title and Registration for the involved tractor-trailer;
  • Maintenance records for six months prior to loss for the subject vehicle;
  • Pay stubs for insured driver;
  • Weight tickets for seven days prior to loss;
  • Police Report and reports of all responding investigating agencies;
  • Report from all first responders;
  • Post-accident alcohol/drug test results;
  • Potential claimant information;
  • Witness statements/interviews;
  • Photographs of the involved vehicles; and,
  • Local newspaper articles.

             It is also important to have a qualified accident reconstructionist “make the scene” as soon as possible to identify and document the physical evidence which may be available.  The accident reconstructionist should be a mechanical engineer or have a similar educational background. Within days or even hours, physical evidence at the scene of an accident may be lost and vehicles involved in the accident may become unavailable. The accident reconstructionist should inspect all the vehicles involved to determine paint transfers, crush evidence, lighting issues, visibility issues, electronic data which may be available and to determine any safety violations on the truck.  The accident reconstructionist will prepare a documentation of evidence report which can be used in any ensuing litigation.

             It is also important for the truck driver and trucking company to have legal representation after a serious truck accident.  He or she may face criminal liability.  The trucking company may also face legal challenges.

             Alexander & Angelas, P.C., devotes a great deal of its practice to representing defendants in catastrophic trucking and automobile negligence cases.  We have handled very complex, high severity claims for numerous national corporations and insurers.  Recent cases have involved double amputations, multi-million dollar insurance coverage disputes and wrongful death actions. We practice in all State and Federal Courts in Michigan and maintain an active membership with the Trucking Industry Defense Association (TIDA), and Michigan Defense Trial Counsel.  For the past 20 years, we have been listed in the A.M. Best Directory of Approved Insurance Defense Attorneys. 

             Alexander & Angelas, P.C. also maintains a 24 Hour Emergency Response service. The law firm is associated with several independent adjusters positioned throughout Michigan, mechanical engineers who can arrive at an accident scene in Michigan within hours, civil evidence photographers and other qualified and appropriate first-responders.  In a catastrophic emergency situation, your company can activate our 24 Hour Emergency Response by calling the following telephone numbers:                   

Office:             (248)  290-5600  or  (800)  219-0007

Home:             (248)  924-3285       

Cell:                (248)  330-5584  or  (248) 808-0560

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