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TRUCKING LITIGATION DEFENSE

Trucking accidents are devastating in terms of catastrophic personal injuries and property damages. One accident can significantly impact a commercial trucking company’s operation as the damages can amount to millions of dollars. For trucking accident claims, it is essential to be represented by an experienced insurance defense law firm. It is vital to choose one that is well-versed in motor carrier claims and can provide an aggressive legal defense.

Buchanan & Buchanan, P.A. is a transportation and insurance defense law firm with a history of successful defense verdicts for our clients. We defend our clients’ interests in the trucking industry, working collaboratively with insurance carriers and self-insured entities. We are well-versed and remain current on the ever-changing Federal and State regulations that impact the trucking industry. Our law firm has a strong presence in Florida State and Federal courts of law.

The Investigation Process

Defending a trucking accident claim requires in-depth technical knowledge and skillful negotiation techniques in dealings with first-party and third-party administrators of insurance, and local or national transportation corporations.

Following a trucking accident, a detailed and timely investigation is vital to preserve valuable evidence. The gathering and preserving of evidence is the most critical part of a case, providing details for accident reconstruction analysis.

Examples of pertinent evidence include:

  • Securing the drivers’ driving histories, truck maintenance records, and cargo logs is crucial for an analysis of the accident.

  • Cell phone data can determine if cell phones were in use at the time of the accident.

  • Global positioning systems can provide an accounting of the vehicle’s movements.

  • The trucking industry is highly regulated. Federal laws require motor carriers to administer alcohol and drug tests on truckers if there are injuries or fatalities from the accident.

  • It is helpful to obtain video footage and available surveillance at the scene for future reference.

  • We conduct a thorough interview of witnesses, law enforcement, medical personnel, and others to obtain critical information to present in litigation proceedings.

  • Commercial trucks may have a Black Box that is recovered to provide details about the events just prior to the accident.

Defense Strategies

At Buchanan & Buchanan, P.A. we implement a defense strategy in coordination with the insurance carrier and the insured after scrutinizing the evidence. There are various proven strategies depending on the unique circumstances of the accident. The opposing driver’s medical records may reveal pre-existing medical conditions or questionable personal injury and property damage claims. An investigation may determine that a truck has been appropriately maintained. However, there may be a mechanical defect, so that the liability belongs to the truck manufacturer. The opposing driver may have been at fault in the accident, perhaps through distracted driving or an error in judgment. The road conditions may have contributed to the accident due to unmaintained highways.

Buchanan & Buchanan, P.A. has Defended against Allegations of Regulatory Violations and Truck Driver Negligence for More than 100 Years

At Buchanan & Buchanan, P.A., we understand the law’s nuances and the unique issues that arise in trucking accident litigation. Our resources include qualified investigators and expert witnesses for testimony. We remain current on the latest technology and developments in the trucking industry.

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