The Cardboard Sign Case

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Missing Witness Found After Truck Accident, Leading to $275K Settlement

The Case

In a case that was recently covered by one of the local newspapers, our lawyers were instrumental in tracking down a witness to an accident caused when a truck backed into our client’s lane of travel. Without a witness able to corroborate our client’s version of events his claims would never be honored by any insurance carriers and there was plenty of insurance money available to cover his claims.

Our client was traveling to work one day and as he was doing so a truck loaded down with material was backing up into the streets in an effort to make a U-turn across the roadway. In doing so the driver of the truck couldn’t see our client approaching because our client was approaching through a blind spot or “no zone.” As the truck continued to back up the client took evasive maneuvers on his motorcycle trying to move one way around the truck and when he was foreclosed from doing so, he attempted to go the other way as well. Neither option worked and as the maneuvers failed to protect him he was forced to lay down his motorcycle and was seriously injured in the crash. The truck drove off and all the client could remember, for quite some time, was that he recalled a red vehicle behind him while he was coming down the street and a nurse who was able to help him at the accident site.

Our attorneys were the second group of lawyers on the case and the first to walk the accident scene and roadway. Immediately we realized that if you were traveling this roadway you had a reason to be there and that 80% of the traveling public on the road was likely to be locals. We thought a sign on the road looking for the missing witness might do the trick — AND IT DID.

Awarded

We were able to settle the case for $275k and you can read about it in the article published by the Fulton County Daily Report.

TOP MISTAKES TRUCKERS MAKE AFTER AN ACCIDENT

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Accidents are stressful, but your actions immediately afterward can significantly impact the outcome of any legal or insurance claims. Avoid these common mistakes to protect your rights. 

Top Mistakes to Avoid

  • Not Reporting the Accident: Always notify your employer and law enforcement, regardless of the severity. 
  • Admitting Fault: Avoid making statements that could be interpreted as an admission of liability. 
  • Skipping Medical Attention: Seek a medical evaluation even if you feel fine; injuries can appear later. 
  • Failing to Document the Scene: Take photos, gather witness information, and write down details of the incident. 
  • Ignoring Legal Representation: Consult with an attorney to ensure your rights are protected. 

Steps to Take Instead

  1. Stay Calm and Assess the Situation: Prioritize safety and check for injuries. 
  2. Contact Authorities: File a police report for official documentation. 
  3. Collect Evidence: Use your phone to capture photos and videos of the accident scene 
  4. Notify Your Employer: Follow company protocols for reporting incidents. 
  5. Seek Legal Advice: An attorney can guide your through liability and insurance claims. 

Conclusion 

By avoiding these mistakes and following best practices, you can protect your rights and minimize the impact of an accident. Long Haul Law specializes in helping truckers navigate post-accident challenges. 

THE FMCSA COMPLIANCE CHECKLIST: STAYING ON THE RIGHT SIDE OF THE LAW

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Compliance with Federal Motor Carrier Safety Administration (FMCSA) regulations is essential for truckers to avoid penalties, fines, and legal issues. This checklist will help you ensure you’re meeting FMCSA standards. 

Key Compliance Areas

  • Hours of Service (HOS): Adhere to limits on driving hours to prevent fatigue-related accidents. 
  • Vehicle Maintenance: Conduct regular inspections and keep maintenance records up to date.
  • Driver Qualification Files: Maintain proper documentation, including medical certificates and licenses. 
  • Electronic Logging Devices (ELDs): Use ELDs to track driving hours accurately and remain compliant. 
  • Drug and Alcohol Testing: Participate in mandatory testing programs and avoid substance use violations. 

Common Compliance Violations

  • Incomplete Logs: Failing to record hours accurately can lead to fines and operational shutdowns. 
  • Maintenance Lapses: Ignoring required inspections or repair puts you at risk for accidents and penalties. 
  • Unqualified Drivers: Operating without proper licensing or medical clearance is a violation of federal law. 

Conclusion 

Staying compliant with FMCSA regulations protects your career and ensures safer roads for everyone. For assistance with compliance issues or violations, Long Haul Law is ready to support you.

UNDERSTANDING YOUR RIGHTS AS A TRUCK DRIVER

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As a truck driver, understanding your rights is critical for protecting yourself on the job and navigating the legal complexities of the trucking industry. Whether you’re dealing with employment disputes, traffic citations, or accidents, knowing your rights can make all the difference. 

Key Rights Every Trucker Should Know

  • The Right to a Safe Workplace: Employers must comply with OSHA regulations to ensure your safety on the job. 
  • Fair Pay and Hours: You are entitled to proper compensation, including overtime, under the Fair Labor Standards Act (FLSA). 
  • Protection Against Discrimination: Federal laws prohibit discrimination based on race, gender, age, or disability. 
  • Due Process in Disciplinary Actions: Employers cannot unfairly terminate you or penalize your without just cause. 
  • The Right to Legal Representation: If you’re involved in a legal dispute or accident, you have the right to seek legal counsel. 

Common Scenarios Where Knowing Your Rights Matters

  • After an Accident: Ensure you follow proper protocols and understand how liability may affect you. 
  • Unpaid Wages: If your employer withholds pay or misclassifies you as an independent contractor, legal action may be necessary. 
  • Unfair Dismissal: Employers must have a valid reason and follow due process before terminating your employment. 

Conclusion

Knowing your rights empowers you to protect your livelihood and ensure fair treatment in the trucking industry. If you face a legal challenge or have questions about your rights, Long Haul Law is here to help.