How do you know if your attorney regularly handles truck crash litigation?

Any experienced truck crash attorney should be familiar with the US Department of Transportation’s website that reports plenty of information about a truck company such as its operations, safety history, and insurance coverage. The information necessary to access these details is typically contained in the police accident report.
In addition, the Federal Motor Carrier Safety Administration requires a truck company to maintain a long list of documents that relate to safety. Truck companies only have to keep these documents for certain periods of time. As a result, it is important to immediately serve a legal notice upon the truck company requiring it to preserve the documents for litigation. The notice is commonly referred to as a spoliation letter.

Finally, the Federal Motor Carrier Safety Administration maintains a file on all truck companies that are subject to its regulations. These documents are available to the public with a proper request sent to the appropriate FMCSA office under the Freedom of Information Act (FOIA). The FMCSA is experiencing an extensive backlog resulting in long delays for FOIA request responses. Thus, it is important to serve the FOIA request at the earliest point in time.

An experienced truck crash attorney should be able to discuss these three areas of investigation during the initial consultation. If the attorney cannot produce a copy of the FMCSA website information, a spoliation letter, or a FOIA request, it is likely that the attorney does not regularly practice truck crash litigation.

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