Generally, a trucking company will attempt to distance themselves from an accident in an attempt to limit their liability, even if this means throwing their own employee under the bus. Trucking companies have teams of investigators and attorneys whose sole purpose is to challenge claims and reduce the amount of money that the trucking company has to payout.

Among the tactics often used by trucking companies to chip away at your claim are:

Recorded Statements – The trucking company’s insurer will contact you after the accident requesting a recorded statement. While they claim this is to they can better understand your injuries and streamline the payout process, they are actually trying to get you on record saying something that harms you case. It is essential that you speak to an attorney before providing such a statement. Do not be bullied, you have no legal requirement to answer the insurer’s questions without the advice of your attorney.

Low Settlement Offers – The insurance company wants to settle your claim for as little as possible. They know that you are in a state of chaos and confusion and will take advantage of it. While it may be tempting, do not accept the insurers offer without consulting with your attorney first.

Destroying Evidence – Often times, a trucking company will attempt to destroy or alter records or evidence after an accident with the goal of hiding their mistakes. An attorney can file a court ordered temporary restraining order in order to preserve any and all evidence in the state that it was in at the time of your accident.

Not Ordering a Drug or Alcohol Test – Some companies will tell drivers involved in an accident not to submit to a drug or alcohol test if they think the driver was impaired when the crash occurred. The driver may feel pressured as being under the influence while behind the wheel can end their career. Federal regulations actually require drivers get tested following a crash. Still, the fine for violating this regulation is much less damaging that the repercussions of a trucker driving under the influence of alcohol or drugs.

Delaying the Claim – May trucking companies will attempt to delay your claim in the hopes that you will lose the will and financial resources to fight. Thomas J. Henry has the money and manpower to see your case through to the end and knows how to drive a case forward.

Thomas J. Henry has spent years finding and building professional relationships with the best expert witnesses from all across the country. Expert witnesses that could benefit your trucking accident lawsuit include:

• Accident Investigation Experts
• Hazardous Materials Experts
• FMCSA Compliance Consultants
• Forensic Engineers
• Accident Re-constructionists
• Human Factors Forensic Science Experts (reaction time, fatigue and distracted driving)
• General Equipment Technical Expert

Because of the complexity of commercial trucking accident lawsuits, it is essential to have expert witnesses who can help prove your case. An expert witness is able to provide a detailed account of your accident before a jury, explaining what factors contributed to your collision and your injuries.

While trucking regulations do vary by state, there are federal guidelines by which all commercial vehicle drivers and fleet operators must abide. These regulations are codified in Title 49 of the Code of Federal Regulation.

A few of the most important federal commercial motor vehicle regulations are:

• Drivers must be 21 years of age or older to drive across state lines or operate a vehicle containing hazardous materials.
• Texas truck drivers must be at least 18 years old to operate within state lines.
• To be eligible for a CDL, drivers must have no prior disqualifying criminal offenses.
• Prior to obtaining a CDL, drivers must test for and obtain a commercial learner’s permit (CLP) and hold it for 14 days.
• In order to obtain a commercial learner’s permit, drivers must be cleared by a qualified medical examiner that they are physically able to operate a commercial vehicle.
• For commercial motor vehicle operators, the blood alcohol content (BAC) limit is .04, compared to .08 for regular drivers.
• Truck drivers are banned from using handheld mobile phones while driving. Trucking companies are prohibited from allowing or requiring drivers to use handheld devices while driving.
• Drivers are prohibited from holding a CDL issued by more than one state or jurisdiction.

In Texas, drivers of commercial vehicles, 18-wheelers, and large trucks are subject to specialized rules enacted by the Texas Department of Transportation (TxDOT) and the Federal Motor Carrier Safety Act (FMCSA)

From rules dictating who can operate a commercial vehicle to rules limiting the number of consecutive hours a driver can spend behind the wheel, these regulations have been put in place to help keep other drivers safe. When drivers fail to comply by these rules, tragedy can occur.

Another important note is that trucking regulations are not limited to drivers, but also affect transportation companies. These can set requirements for commercial trucking companies, managers, and fleet operators.

In order to prove loss of income, you will want to gather the appropriate documentation to support your claim. You attorney will go into more detail, but generally you will want to start by:

• Getting a letter from your employer indicating how much time you took off.
• A paycheck stub or W-2 that can be used to calculate hourly rate of pay or your monthly salary.
• Documentation from your employer showing how many hours a week you work.
• Documentation from your employer indicating whether you are qualified to receive overtime pay and whether or not you typically work overtime.

Once that information is collected, you can begin calculating a rough estimate of your lost wages by:

• Determine the number of hours you missed from work. If your hours vary from week to week, calculate the average based on your last two to three weeks of work.
• Determine the number of overtime hours you missed.
• Multiply the number of hours you missed by your hourly rate or estimated hourly rate.
• Multiply any overtime hours by 1.5 your hourly rate or estimated hourly rate.
• Add the values for regular hours missed to the overtime hours you missed.

If you are salaried, you can work out your lost wages by:

• Divide your annual salary by the number of hours you work (hours a full time employee works per year: 2,080) in order to get the amount you earn per hour.
• Calculate the number of hours you missed by multiplying the days you were out of work by 8 (typical work days for salaried employees 8 hours – even if you actually work more).
• Multiply those two figures to calculate your lost wages.

Tips, commissions, bonuses and other items can be added to the base amount of loss wages.