In a New Orleans truck accident lawsuit, the victim recently received a jury award of $51.5 million. The facts of the case demonstrate that not all truck accident cases involve driver error or negligence by the trucking company.
Connie Jones Marable was injured when the 2007 Freightliner truck owned by her husband began to move in a Lowe's Home Improvement parking lot even though the emergency brake was engaged. Her husband had left the truck with the brake on but when the truck started moving despite the brake being on, Marable tried to help her husband stop the truck.
The truck pinned Marable under the wheels and dragged her causing "crushing physical injuries and severe brain injury." Since the date of the accident, Marable has been in a minimally conscious state requiring 24/7 nursing care.
Marable's adult children filed a personal injury lawsuit against Daimler Trucks North America, LLC (Freightliner is a division of Daimler Trucks), the insurance company for her husband, and her husband's employer, KLLM Transport Services, LLC. After hearing the evidence, a Louisiana jury found Diamler Trucks to be 90 percent at fault for the accident. The attorney for Marable said the award was likely due to the jury finding the truck had a lack of safety features including a deficient parking brake system.
The Importance of a Truck Accident Claim
In the above case, the party responsible for the victim's injury was the manufacturer of the truck in question. This highlights the importance of a thorough, comprehensive truck accident investigation. If an attorney does not thoroughly investigate the facts surrounding the accident, he may miss naming a defendant who is liable for the victim's injuries. This could decrease the amount of compensation available to pay the injured victim's damages.
How Trucking Accidents Differ from Car Accidents
Truck accidents are very different from other motor vehicle accidents. Truck accidents involve complex federal regulations that require a specific understanding of trucking law and how to obtain evidence in a truck accident case. If an attorney is not familiar with the rules governing the truck industry, he may fail to identify key evidence in time to preserve that evidence before it is lost or destroyed. For example, truck drivers are required to maintain logs of their hours. Obtaining copies of these logs is crucial to determine if the driver was violating trucking laws regarding working hours.
Another example is the truck's black box. If the attorney is unaware that the truck has a black box that records vital information that can be used to prove the driver was at fault or the truck malfunctioned, the attorney may not act to obtain this information. The information on a truck's black box is routinely recorded over. The attorney must take steps to preserve the data until he can receive the information to analyze. This is essential when trying to establish how the truck accident occurred and prove fault.
Have You Been Injured in a Pennsylvania Truck Accident?
The truck accident attorneys of Handler Henning & Rosenberg, LLP have extensive experience investigating truck accidents and they fight for the rights of injured victims to receive settlements and awards that are fair and just. Call to schedule a free consultation. Do not trust your truck accident claim to a law firm without the resources, skills, experience, and knowledge to handle your claim correctly. Put our experience to work for you to get the compensation you deserve.