Orlando Car Accident Lawyers Analyze Cause of Truck Accidents
As Orlando car accident lawyers we have found it appropriate to focus our client’s car accident case, not on our client, but on the egregious circumstances involved in the tragedy. By doing so, the defense can not concentrate on its typical “watering down” of damages. To the contrary, the defense is forced to deal with and explain the careless or reckless conduct of the defendant. In car accident cases involving commercial trucks such an approach provides an opportunity for a jury to consider just how important it may be to render a significant verdict against the truck driver and trucking company.
When you begin your investigation of the car accident involving a commercial truck, do not simply determing who was at fault and what liability insurance is available. Rather, determine why the accident occurred. You can only do this if you are familiar with the federal regulations that govern commercial trucking. Using those regulations, you should consider violations that may have made your client’s tragedy more likely to occur.
For example, if you are asked to represent a family struck by a tractor-trailer that traveled in the break-down and ran into the rear of your client’s car, it is not enough to demonstate that the failure to keep the truck in his own travel lane caused the collision. That does not explain the “why.” You must prove deeper and determine from the trucking company that the allotted time given to their drivers, does not reasonably allow for their truck drivers to either travel within the speed limit or to take the necessary breaks. Both of these circumstances will help focus on the totally preventable nature of the tragedy.
In so doing, you will keep the focus where it should be-on the truck driver who knew he was wrong and the trucking company who created the environment to encourage violations of federal trucking regulations. The benefits include keeping the defense from seriously contending your client was comparatively negligent, potential punitive damages and a significant verdict by a jury unimpressed with the defendants’ conduct.
