Tractor Trailer & Truck Accidents
Truck accidents often cause the most serious injuries, and often death, just given the speed and velocity of impacts and the mass of the forces involved.
Rob has represented numerous client who were injured in both cars and trucks involved in collisions with each other. This includes representation of both motor vehicle drivers and commercial drivers, all of whom have been seriously injured in collisions.
Representation of injured clients is most easily shown by violation of both federal and state regulations which govern the operation of tractor trailers by commercial operators. Defenses of brake or equipment failures by companies or truckers often appear simply as attempts to duck and avoid liability on most cases. After all, the owner and operators of a fleets of trucks have a duty to properly maintain the fleet of trucks by regular maintenance and service of each tractor. Unless the potential defendant can show the company regularly and routinely serviced a truck, including brakes, which are most commonly raised as a defense in a brake failure case, the chances of escaping liability by the truck company are slim. Brake failure defense cases are very difficult to prove and win when defending against a rear end collision. Brake failure is easily preventable with routine maintenance, service and repair.
Ofter tractors are leased to others. The keys to locate and identify the both the owners, lessees and operators who could be potentially at fault before filing suit to insure you have named everyone, assuming the case cannot be settled.
Rob has handled many cases of clients who have been seriously injured in collisions caused by trucks and tractor trailers. Some examples include:
1. Roll over collisions.
2. Trucks and tractor trailers which stray out of their lane and into another vehicle’s lane the interstate.
3. Trucks which have lost their load causing a collision for those following at a safe distance from behind of the truck.
4. Head on collisions.
5. One example of a case Rob has handled was for wrongful death of a father when a truck lost it’s load and the load flew high in the air cross a median on the interstate landing on the windshield of an approaching motorist driving in the opposite directions. This caused the death of one occupant of the approaching vehicle when the load landed on that vehicle killing an passenger. Failure to properly secure a load is a key cause of highway death or injuries on our interstate roads involving trucks.
6. Inability to stop in time and failure to operate at a speed appropriate for the traffic conditions is another common cause of truck collisions. Rob Kornfeld has represented a truck driver who was run off the road by another motorist who was not paying attention. The truck driver consequently lost control of his tractor trailer causing a severe one vehicle collision. The client suffered a mild traumatic brain injury and recovered $750,000 in compensation under an uninsured motorist policy (UIM) of his employer. The injury occurred while our client was on the job. Not only did he have Worker’s Compensation coverage, but he was able to make UIM claim under his employer’s motor vehicle policy. Our client was award L & I benefits, a permanent partial disability (PPD) and recovered $750,000 in general damages due to his head injury, all of which was recoverable under the employer’s UIM coverage.
7. Failure to control one’s tractor trailer. Rob has represented another motorist driving an SUV when a trucker failed to stay within his lane and jack knifed his tractor trailer striking our client’s vehicle and causing it to roll 360 degrees before it came to rest. This case was litigated through arbitration and an award was entered in favor of our client who was driving a car- SUV.
For further information and/or to speak to or to email Rob Kornfeld directly about your particular situation, CALL ROB NOW for a FREE CONSULTATION at (425) 893-8989 or contact Rob directly for a quick response in answer to your questions.
Author: Rob Kornfeld