HOW ARE TRUCK WRECKS AND MOTOR VEHICLE COLLISIONS DIFFERENT?
First, these cases involve large insurance policies and excess or umbrella policies. It is essential that you identify every liable entity and the insurance coverage they carry.
The Federal Motor Carrier Safety Regulation §387.15 requires interstate commercial trucking policies to include an MCS-90 endorsement which increases the minimum policy to $750,000. There is also no defense to coverage under the MCS-90 endorsement. Let us explain: in a traditional motor vehicle case, the liability carrier may deny coverage for non-cooperation by the defendant driver or for an unlisted driver or vehicle. The MCS-90 enforcement ensures coverage even if the truck driver cannot be found, the truck, trailer, or driver is not on the scheduled approved list, or the trucking company is non-cooperative.
There are multiple entities that have a hand in a truck being on the roadway at the exact moment of a collision. Here is a summary of just a few of the major players:
The Shipper- loads and secures cargo. They hire a broker to arrange transport.
The Broker- screens and hires safe motor carriers to transport. They are responsible for checking the safety history and internal policies of the motor carriers.
The Motor Carrier- owns the cab and/or trailer and employs the driver. Responsible for hiring, training, and supervising the driver.
The Driver-carries a CDL license and responsible for knowing the rules and regulations associated with driving a commercial motor vehicle.
The Repair Shop- maintains and repairs equipment in safe working order.
The Dispatcher- directs the driver on specific travel routes.
The Receiver- unloads cargo safely.
Second, these cases are about systemic failures on the part of large companies. These failures, 9 times out of 10, stem from corporate decisions to cut safety measures to increase profits. A collision is usually the result of multiple errors, omissions, and failures. Our job is to uncover the systemic failures—failure in vetting, failure in hiring, failure in training, failure in supervising, failure in loading, failure in routing, etc. We cannot make our roadways safer until these failures are identified.
Third, you will be dealing with savvy, well-financed, defense firms from day one. These firms specialize in truck wreck defense, and they will throw up every roadblock, barrier, and obstacle to prevent dissemination of information, examination of evidence.
Fourth, the injuries sustained in trucking cases tend to be catastrophic. It is imperative to continually order and review medical records to understand the severity of injuries, recommendations made, treatment provided, medication taken, and impact on our clients' daily lives.
Fifth, these cases are time-consuming and expensive. Truck wreck attorneys spend hundreds of hours interviewing witnesses, pouring over data and records, and researching legal arguments. These cases involve taking several depositions and hiring numerous experts to prove up the liability and damages portion of your case.
Sixth, an 18-wheeler is not a sedan. Fully loaded, it can weigh more than 20 passenger cars. Every nut and bolt, axle and hub cap, flasher and lock, brake and chain, needs to be in well working order to prevent a collision. You need to take time to inspect an 18-wheeler. Get under the hood. Drive one. Our attorneys have done this. A full understanding of how these commercial vehicles drive, turn, and run is essential.
Why Hire a Truck Accident Attorney in Colorado?
Simply put, hiring an experienced truck accident attorney after your accident gives you the best possible chance of ending up with a good outcome in a very bad situation. Numerous parties may be liable for your injuries, and an experienced attorney from Hagen Nares PLLC will be able to identify those parties and determine how best to pursue compensation. The introduction of these other parties, as well as the complicated web of statutes and regulations, means that pursuing a claim requires a special level of expertise.
Contact a Truck Accident Attorney in Colorado Today
At Hagen Nares PLLC, we have successfully represented clients who were involved in trucking accidents. We understand the laws established by the State of Colorado as well as federal law and will make sure that each party who is liable is held accountable. You don't have to face this alone–call 720-772-8513 today to schedule a Free Consultation.