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Trucking crash cases - Handling Trucking Cases

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Edward K. Le
Edward K. Le

This document provides information about pursuing justice in trucking crash cases. It discusses how trucking cases differ from car crashes, as the trucking industry has legal teams that respond quickly. It also outlines the distinction between interstate and intrastate trucking, and the different rules and regulations that apply. Tools for litigation are also presented, including manuals, associations, and experts. The document provides tips on identifying parties and preparing thorough discovery.

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Trucking Crash Cases Gaining knowledge and pursuing justice
Welcome! Kevin Coluccio kc@coluccio-law.com www.coluccio-law.com (206) 826-8201 Edward Le edward@edwardkle.com www.edwardkle.com (425) 336-2255
I. How Truck Crash Cases Are Different From Car Crash Cases
The Trucking Industry is Unique Litigation involving trucking companies and truck drivers is not straightforward. Motor carriers have legal teams who specialize in trucking crash cases. Claims are more complex. Liability is extensive.
Immediate Action Car crashes: Plaintiffs lawyers often have a head start, are aware of litigation before defendants. Truck crashes: Motor carriers and their insurance companies have defense lawyers, investigators, experts in place immediately.
Aggressive Response Rapid Response Team Investigators Company safety officials Defense attorneys Expert witnesses Team can be on the scene within hours before the truck driver even gives a statement to police.
Higher Stakes Damages and losses One truck = multiple parties involved Motor carriers interests
Acting quickly Documentation Give notice Send preservation/spoliation letter Photo/video Investigation Hire investigator Obtain the 911 tapes Obtain witness statements
Acting quickly (2) Find experts Accident Reconstructionist Truck mechanic/inspector Motor Carrier Safety compliance Truck driver expert Trailer/load expert Expert to download the black box
II. Interstate vs. Intrastate
The Distinction Intrastate Generally, the commercial truck driving operations take place within the boundaries of a single state. Interstate A trucking operation that operates in two or more states, with a commercial truck crossing state lines to transport its cargo. Circumstances may expand this definition i.e. Merchants Fast Motor Lines, Inc. v. Interstate Commerce Com. 528 F.2d 1042 (5th Cir.. 1976).
Rules and Regulations Intrastate Governed by the regulations of the state Usually the same or similar to the Federal Motor Carrier Safety Regulations In Washington State: RCW 46.25 et seq., WAC 446-30, 446-50, 446-65, 446- 80 and 480-14-380; Washington State Patrol Motor Carrier Education Rules & Laws
Rules and Regulations Interstate Governed by the FMCSA and the Federal Hazardous Material Regulations Federal Motor Carrier Safety Administration (FMCSA) Primary mission: reduce crashes, injuries and fatalities involving large trucks and buses. Develops and implements policies that align with mission. Creates Federal Motor Carrier Safety Regulations (FMCSR)
Rules and Regulations Interstate (2) FMCSR: Govern all commercial motor vehicles engaged in interstate commerce. Commercial Motor Vehicles = Used as part of business, and Fits one or more criteria: Weighs 10,001+ lbs 16 or more passengers (including the driver), not for compensation 9 or more passengers (including the driver), for compensation Transports hazardous materials in a quantity requiring placards, regardless of weight
Federal Motor Carrier Safety Regulations (FMCSR) 49 CFR 383 & 391 Driver Qualifications, Testing, Licensing (CDL), Applications for Employment, Physical Requirements and Exams and Employment Files and Records; 49 CFR 387 Trucking Company Minimum Insurance Requirements; 49 CFR 382 & 392 Controlled Substances and Alcohol Use and Testing Pre-employment/Post accident and random testing; 49 CFR 390 General Applicability & Definitions; 49 CFR 395 Drivers Hours of Service, Maximum driving time, rest periods, restart provisions and logbook requirements; 49 CFR 392 Ill or Fatigued Truck Driver; 49 CFR 396 Inspections, Repairs and Maintenance Company & Driver/Reports; 49 CFR 393 Parts & Accessories Necessary for Safe Operation; and, 49 CFR 397 Transportation of Hazardous Materials.
Rules & Regulations Tips: Use website - https://www.fmcsa.dot.gov/ Read regulations and guidance Get the regulations applicable to the period of time in which the crash occurred If you dont understand, ask.
III. Tools
Tools Commercial Drivers Manual Published by each state Preventability Manual Driver Training Manuals, Guidebooks JJ Keller Smith System Driving Schools National and State Trucking Associations Company manuals, guidelines Experts
IV. Litigation: Getting Started
Identify the common players Driver Motor Carriers Owners (if different) Dispatch Safety Director Safety Committee Law Enforcement Witnesses Experts Claims Adjuster
Getting Started Identify the parties Police report Corporation search Company search, profile, insurance: http://safer.fmcsa.dot.gov/ Preparing Discovery Think, plan & prepare discovery that provides you with specific information Creative, complete investigation: 9-1-1 tapes, and complete police file Go to the scene Take nothing for granted
V. Questions & Answers
Final Notes: When considering a trucking case, make sure you have the time, resources, and skills to effectively serve the client. Resources: www.coluccio-law.com/truckingwebinar/ CLE Credit: WSAJ Questions: kc@coluccio-law.com edward@edwardkle.com
Thank you! Kevin Coluccio kc@coluccio-law.com www.coluccio-law.com (206) 826-8201 Edward Le edward@edwardkle.com www.edwardkle.com (425) 336-2255

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Trucking crash cases - Handling Trucking Cases

  • 1. Trucking Crash Cases Gaining knowledge and pursuing justice
  • 2. Welcome! Kevin Coluccio kc@coluccio-law.com www.coluccio-law.com (206) 826-8201 Edward Le edward@edwardkle.com www.edwardkle.com (425) 336-2255
  • 3. I. How Truck Crash Cases Are Different From Car Crash Cases
  • 4. The Trucking Industry is Unique Litigation involving trucking companies and truck drivers is not straightforward. Motor carriers have legal teams who specialize in trucking crash cases. Claims are more complex. Liability is extensive.
  • 5. Immediate Action Car crashes: Plaintiffs lawyers often have a head start, are aware of litigation before defendants. Truck crashes: Motor carriers and their insurance companies have defense lawyers, investigators, experts in place immediately.
  • 6. Aggressive Response Rapid Response Team Investigators Company safety officials Defense attorneys Expert witnesses Team can be on the scene within hours before the truck driver even gives a statement to police.
  • 7. Higher Stakes Damages and losses One truck = multiple parties involved Motor carriers interests
  • 8. Acting quickly Documentation Give notice Send preservation/spoliation letter Photo/video Investigation Hire investigator Obtain the 911 tapes Obtain witness statements
  • 9. Acting quickly (2) Find experts Accident Reconstructionist Truck mechanic/inspector Motor Carrier Safety compliance Truck driver expert Trailer/load expert Expert to download the black box
  • 10. II. Interstate vs. Intrastate
  • 11. The Distinction Intrastate Generally, the commercial truck driving operations take place within the boundaries of a single state. Interstate A trucking operation that operates in two or more states, with a commercial truck crossing state lines to transport its cargo. Circumstances may expand this definition i.e. Merchants Fast Motor Lines, Inc. v. Interstate Commerce Com. 528 F.2d 1042 (5th Cir.. 1976).
  • 12. Rules and Regulations Intrastate Governed by the regulations of the state Usually the same or similar to the Federal Motor Carrier Safety Regulations In Washington State: RCW 46.25 et seq., WAC 446-30, 446-50, 446-65, 446- 80 and 480-14-380; Washington State Patrol Motor Carrier Education Rules & Laws
  • 13. Rules and Regulations Interstate Governed by the FMCSA and the Federal Hazardous Material Regulations Federal Motor Carrier Safety Administration (FMCSA) Primary mission: reduce crashes, injuries and fatalities involving large trucks and buses. Develops and implements policies that align with mission. Creates Federal Motor Carrier Safety Regulations (FMCSR)
  • 14. Rules and Regulations Interstate (2) FMCSR: Govern all commercial motor vehicles engaged in interstate commerce. Commercial Motor Vehicles = Used as part of business, and Fits one or more criteria: Weighs 10,001+ lbs 16 or more passengers (including the driver), not for compensation 9 or more passengers (including the driver), for compensation Transports hazardous materials in a quantity requiring placards, regardless of weight
  • 15. Federal Motor Carrier Safety Regulations (FMCSR) 49 CFR 383 & 391 Driver Qualifications, Testing, Licensing (CDL), Applications for Employment, Physical Requirements and Exams and Employment Files and Records; 49 CFR 387 Trucking Company Minimum Insurance Requirements; 49 CFR 382 & 392 Controlled Substances and Alcohol Use and Testing Pre-employment/Post accident and random testing; 49 CFR 390 General Applicability & Definitions; 49 CFR 395 Drivers Hours of Service, Maximum driving time, rest periods, restart provisions and logbook requirements; 49 CFR 392 Ill or Fatigued Truck Driver; 49 CFR 396 Inspections, Repairs and Maintenance Company & Driver/Reports; 49 CFR 393 Parts & Accessories Necessary for Safe Operation; and, 49 CFR 397 Transportation of Hazardous Materials.
  • 16. Rules & Regulations Tips: Use website - https://www.fmcsa.dot.gov/ Read regulations and guidance Get the regulations applicable to the period of time in which the crash occurred If you dont understand, ask.
  • 18. Tools Commercial Drivers Manual Published by each state Preventability Manual Driver Training Manuals, Guidebooks JJ Keller Smith System Driving Schools National and State Trucking Associations Company manuals, guidelines Experts
  • 20. Identify the common players Driver Motor Carriers Owners (if different) Dispatch Safety Director Safety Committee Law Enforcement Witnesses Experts Claims Adjuster
  • 21. Getting Started Identify the parties Police report Corporation search Company search, profile, insurance: http://safer.fmcsa.dot.gov/ Preparing Discovery Think, plan & prepare discovery that provides you with specific information Creative, complete investigation: 9-1-1 tapes, and complete police file Go to the scene Take nothing for granted
  • 22. V. Questions & Answers
  • 23. Final Notes: When considering a trucking case, make sure you have the time, resources, and skills to effectively serve the client. Resources: www.coluccio-law.com/truckingwebinar/ CLE Credit: WSAJ Questions: kc@coluccio-law.com edward@edwardkle.com
  • 24. Thank you! Kevin Coluccio kc@coluccio-law.com www.coluccio-law.com (206) 826-8201 Edward Le edward@edwardkle.com www.edwardkle.com (425) 336-2255