The Trucking Claims Checklist

The truck accident lawyers at Fried Rogers Goldberg LLC— serving Columbus, Macon, Augusta, as well as Georgia victims statewide — are among the most renowned truck accident lawyers in the nation. Our attorneys specialize in tractor trailer truck accident claims and have published a book, Understanding Motor Carrier Claims, as a resource for other truck accident lawyers around the country. Below is a summary of the book’s tenth chapter, “The Trucking Claims Checklist.” To read the chapter in its entirety, open the PDF at the bottom of this page. If you have any questions and would like to speak with an Atlanta, Georgia trucking accident attorney, contact Fried Rogers Goldberg LLC today.


X. The Trucking Claims Checklist

A. Investigation of Accident

  1. Retain Reconstruction Expert to Investigate Accident and Photograph Scene
  2. Retain Trucking Expert to Inspect Vehicle
  3. Obtain Post-Accident PSC, DOT or FHWA Inspection Reports

B. Preservation of Evidence

  1. Obtain Motor Carrier Certificates and Filings from State Agencies
  2. Send Spoliation Letter to Trucking Company and its Insurer
  3. Request ECM Data

C. Complaint

  1. File Direct Action Against Insurer if allowed under State Law
  2. Determine Product Liability Claims against Manufacturer
  3. Examine Potential Claims against Broker or Shipper
  4. Find out if Insurer Screened Drivers
  5. Determine Theories of Liability against Trucking Company
    1. Negligent Hiring, Entrustment or Retention
    2. Negligent Inspection, Maintenance or Repair
    3. Violations of FMCSR
    4. Driver Fatigue
    5. Punitive Damages

D. Discovery

  1. Request all Documents Required by Federal Regulations
    1. Driver’s Qualification File
    2. Driver’s Logs
    3. Daily Inspection Reports
    4. Annual Inspections
    5. Maintenance and Repair Records
    6. Qualcomm and On-board Recording Devices
    7. Downloadable Data from ECM
    8. Post-Accident Drug and Alcohol Testing
    9. Accident Register
    10. Bills of Lading, Weight Tickets, Hotel Receipts
    11. Policy and Procedure Manuals
    12. Training Documents
  2. Take the Safety Director’s Deposition

E. Trucking Experts: What Issues are in My Case?

  1. Industry Standards and Common Practices
  2. Operation of Commercial Vehicles
  3. Driver Fatigue/ Driver’s Logs
  4. Compliance with Federal Regulations
  5. Negligent Hiring and Retention
  6. Inadequate Maintenance or Repairs
  7. Defective Parts or Mechanical Failures

Contact Our Tractor Trailer Accident Lawyers — Based in Atlanta

If you have any questions as to how to handle a trucking case or if you have been injured in a motor carrier collision and are seeking expert legal representation, contact our tractor trailer accident attorneys today. The lawyers at our Atlanta, Georgia office specialize in truck accidents and can help you maximize your claim. We have won millions of dollars in verdicts and settlements on behalf of our clients. We can help you.