• The Importance of Defense Being on the Scene Immediately After A Trucking Accident
  • November 21, 2013
  • Law Firm: Becker Poliakoff P.A. - Fort Lauderdale Office
  • The trucking business operates around the clock, 24-7, every day. An effective defense team for serious trucking matters must be available on the same schedule, and ready to be at the location of an accident at a moments notice. The benefit of a defense professional being present at the accident scene immediately is two fold.

    First, an attorney and his investigation team can record the site and the actual evidence as it exists at the time of the incident. This would include the actual vehicles, skid marks or gouges in the pavement, the mental state of the participants and witnesses. Such evidence exists only for a short time post accident; when it is lost, it is lost forever, and is often, the key component to a successful defense case.

    Second, if the events incapacitate the driver, the defense needs someone on the scene to ensure that the logs are retained and not tampered. The advent of electronic driver information has not changed the importance of the need for immediate on site Defense team. GPS, data downloads, and tracking logs are all subject to loss or tampering. Conversely, certain data and information should not be retained beyond the time limits prescribed by law. In such cases, the Defense team on scene is best situated to ensure that this information is not retained any longer than strictly required under the law.

    Additionally, in today’s environment, the defense needs every advantage morally and legally available to it. Plaintiff attorneys are typically not notified of a potential case until long after the event; an average nine months, post accident. As an operator, or manager in the trucking industry, you owe it to your organization to avail your drivers and organization of these advantages.

    Time is crucial in the trucking industry. Logistics are centered on planning, implementing, and controlling the efficient, effective flow and storage of goods, services to maximize time. Part of an effective logistic plan should be a defense that best uses time to your advantage.