The commercial trucking industry is different than the automobile industry. Truckers operate on a strict set of regulations to ensure the safety of both truck drivers and the motorists with whom they share the road. It can be a complicated area of law as it is frequently changing, which is why choosing an attorney who is experienced in trucking accidents is so critical.
We’re Seeing More Truck Accident Lawsuits
West Palm Beach personal injury attorneys who pursue trucking accidents play an important role in ensuring our roads stay safe. Amid increases in wrecks and growing safety concerns, verdicts and settlements awarded in civil truck accident cases across the country are getting larger – and legal experts say it is because plaintiff attorneys are focused on the fight for justice.
Juries commonly award large verdicts for victims and their families after a trucking accident given the extent of the injuries and long-lasting impact on the victims’ livelihood. In May 2018, the Clark, Fountain, La Vista, Prather & Littky-Rubin team secured a $15.5 million verdict for a 19-year-old boy who lost his single father in a sewage pumper truck accident.
Four Things a West Palm Beach Trucking Accident Attorney Does During a Commercial Trucking Case
An experienced West Palm Beach trucking accident attorney can highlight the violations, call attention to a long-standing problem, expose corporate shortcuts, and persuade a jury to see the harm caused by the accident.
#1: Highlight the violations made by the truck driver or company.
State and federal laws, including those enforced by the Federal Motor Carrier Safety Administration (FMCSA), impose numerous requirements on trucking companies, truck drivers and others in the industry. From regulations to properly secure cargo and set vehicle weight limits, to guidelines regarding commercial licensing, hiring practices, employee oversite, and hours-of-service rules, there are many rules in place. When trucking companies violate those rules, experienced injury attorneys know how to highlight violations in ways juries can understand, illustrating the laws in place, why they exist, how they were violated, as well as why violators should be held accountable.
#2: Call attention to a long-standing problem throughout the state.
Truck accidents today are caused by many of the same factors that caused truck accidents in the past. Attorneys have begun to focus on chronic problems in the trucking industry, which include putting profits over people, taking the same risky short-cuts, and failing to take steps proven to ensure safety. It is an approach that puts the entire trucking industry on trial, allowing juries to see how there are long-standing and systemic problems that extend beyond any one case. As a result, jurors tend to better identify and empathize with victims and feel invigorated in being able to play a role in doing something to stem the tide.
#3: Expose corporate shortcuts that may have contributed to the accident.
Plaintiffs’ attorneys who handle trucking cases also expend more effort exposing the motivations of trucking companies accused of harming victims. An attorney will show why a trucking company may have overloaded a tractor-trailer that later lost control or overturned, or why companies may have encouraged truckers to drive beyond their allotted number of hours, even though those drivers would be more fatigued and more dangerous to those around them. Proving fault and negligence is one thing, but proving unsavory motives is something that can resonate strongly with jurors, and prompt them into awarding larger verdicts.
#4. Persuade a jury that your damages require a certain amount of compensation from the at-fault party or parties.
Trial attorneys are constantly setting the bar higher for what it means to be a successful litigator. In many high stakes truck accident cases, it’s not uncommon for plaintiffs’ attorneys to turn to complex investigation and accident reconstruction techniques, new technology, and medical and industry experts who help make their arguments easier to visualize and understand, and ultimately more persuasive.
Our West Palm Beach attorneys at Clark, Fountain, La Vista, Prather & Littky-Rubin know we play an important role in helping victims and families in their fight for justice. We also know our work can have a meaningful impact when it comes to accountability, the “bigger picture,” and prompting needed change. With a team of talented and nationally recognized trial attorneys, we fight for our clients and our communities and are passionate about providing high-quality representation that makes a real difference.
If you would like to discuss a potential personal injury case with a member of our team anywhere in Palm Beach County, the state of Florida, or beyond, call (561) 922-0258 to request a free case evaluation. Our firm has recovered over $1 billion in compensation for clients – and is ready to help you.