Commercial truck accidents differ sharply from passenger-vehicle crashes. A single collision involving a commercial motor vehicle (CMV) often produces catastrophic injuries or fatalities, triggers multiple layers of federal regulation, and implicates several potential defendants. Early and aggressive investigation is the difference between a quick nuisance settlement and full recovery of economic and non-economic damages.
At Miller McGing Law, we will: move to preserve evidence within the first 72 hours. Requesting the driver’s electronic logging device (ELD) data, engine control module (ECM) downloads, and forward-facing camera footage before the motor carrier overwrites or deletes it, serve a spoliation letter on the carrier, shipper, and broker the same day the case is retained, obtain the police report, 911 recordings, and all witness statements and dispatch an expert to the scene while skid marks and gouges remain visible, subpoena the carrier’s driver qualification file, hours-of-service logs, drug/alcohol testing records, and vehicle maintenance history—records the Federal Motor Carrier Safety Administration (FMCSA) requires. We also identify all potential defendants: the driver, motor carrier, cargo broker, shipper (if negligent loading contributed), and any manufacturer of a defective component. Establishing a violation of FMCSA regulations often establishes negligence and can lead to punitive damages.
Retaining qualified experts is key to a successful case and can help establish: speed, braking, and fatigue as causative factors. At Miller McGing Law we will use discovery to obtain the carrier’s safety audit history, its Compliance, Safety, Accountability (CSA) scores that measure a variety of performance factors, including the Crash Indicator (history of crashes) and insurance policies, including any self-insured retention or excess layers.
Damages preparation requires meticulous documentation including hospital records, bills, lost wages, rehabilitation, future medical as well as non-economic damages such as: Pain & Suffering, Emotional Distress / Mental Anguish, Loss of Enjoyment of Life / Reduced Quality of Life, Disfigurement/ Scarring and Loss of Consortium.
Call Miller McGing Law today at (773) 467-8000 if you or a loved one has been injured in a commercial truck accident or in any personal injury situation or medical negligence scenario.
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