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Why do I need to retain a trucking accident lawyer right after an accident? What’s the rush? Can’t it wait?

One of the main reasons you want to retain legal representation after a truck accident is because the trucking company has a team of lawyers and investigators already on the way before the dust from the collision settles. 

This means that the defense team for the trucking company is on the scene even before the vehicles involved are moved. This is a problem because evidence can go missing or be contaminated, making it more difficult to prove your injury case.

When the trucking company accident investigation teams arrive, they track down and talk to witnesses, talk to all the police officers on the scene, shoot pictures, take video, and document the scene in great detail. They are already developing a defense strategy to defend the trucker and trucking company that is designed to defer liability to the accident survivor or victim. They find everything they can to reduce the trucker’s liability.

This is important information for survivors and for families who have lost a loved one. Trucking companies and their drivers can be held liable for collisions in several ways, and a skilled trucking accident attorney can help you move your case forward. Additionally, trucking accidents are not the same as being involved in a crash with another vehicle.

One of the major differences in a trucking accident is that the owner of the truck may not be working for the trucking company or may not even work for the person hauling the load. There may be a separate owner for the trailer. It may be leased. Or you may have a situation where owner-operators own their truck but work for someone else. It is complex and confusing and only an experienced trucking accident attorney can sort out the whole situation.

The accident may have also been the result of negligent hiring. This refers to trucking companies that hire a driver but do not properly train, test, or screen them according to applicable rules and regulations. Trucking companies are, per federal and state regulations and rules, required to conduct a background check, call other employers, and do a drug screen. The level of liability they carry for a trucking accident can enormous.

There are two others areas to be aware of when it comes to trucking accidents. One is negligent retention of a driver and the other is negligent entrustment. Negligent entrustment means that a trucking company knows the trucker has a spotty driving record and history, and they still let the individual drive. Negligent retention is when a trucking company chooses to keep a trucker on the road even after they have demonstrated that they are not safe drivers or otherwise should not have been retained.

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