Key points
- Interstate trucking companies must follow federal safety rules.
- Truck data, logs and video can be lost quickly; preservation letters should go out early.
- More than one company and insurance policy may be responsible.
- If we associate co-counsel, you are told first and in writing.
Why truck cases are different
A crash with a semi, delivery truck or other commercial vehicle usually involves more than one company and more than one insurance policy. Interstate carriers must follow federal safety rules on driver qualifications, hours of service, inspections and maintenance. Violations of those rules can be important evidence.
Evidence that can disappear
- Engine control module and electronic logging device data.
- Dash camera and other video.
- Driver logs, dispatch records and phone records.
- Inspection, maintenance and repair records.
- The truck and trailer themselves, which may be repaired or sold.
We send preservation demands early so the trucking company and its insurer are on notice to keep this evidence.
Who may be responsible
Depending on the facts, responsible parties can include the driver, the motor carrier, a broker or shipper, the company that loaded the cargo, and the companies that maintained or built the equipment.
Working with trucking co-counsel
In some trucking cases, we associate with other lawyers who focus on trucking litigation. If that is recommended for your case, we explain it to you first, and your written agreement will say who is working on your case and how the fee is shared. It will not increase the total attorney fee you agreed to.
Interstate 90, 15 and 94
Montana's interstates and two-lane highways carry heavy freight traffic through mountain passes and winter weather. We represent people hurt in truck crashes across the state.
Frequently asked questions
Will my truck case end up in federal court?
It may. When the trucking company is from out of state, it can often move the case to the U.S. District Court for Montana. We handle cases in both state and federal court.
What if a log truck or farm truck caused the crash?
The same basic rules apply. We look at who owned, loaded, maintained and dispatched the truck, and what insurance covers each of them.
Does winter weather excuse the truck driver?
Not by itself. Drivers must adjust their speed and following distance to road conditions. Bad weather is a reason for more care, not less.