November 15, 2017

Attorney Jason Studinski Speaks About Nighttime Trucking Collisions at Tennessee Association for Justice

Attorney Jason Studinski recently spoke at the Tennessee Association for Justice about nighttime trucking collisions. The Tennessee Association for Justice is a nonprofit organization that advocates for citizens’ rights. They consistently campaign for a trial by jury and better access to the courts for all. The organization was founded in 1964 and is currently run by trial lawyers in the state of Tennessee.

Colliding with a truck at night can be a frightening experience, and having to navigate your case without an experienced lawyer at your side can be complex and confusing. Our attorneys at Studinski Law, LLC have years of experience dealing with nighttime trucking collisions and can help you pursue the compensation you deserve for your damages and losses.

If you or a loved one have been in a nighttime trucking collision, contact our Wisconsin truck accident attorneys at Studinski Law, LLC for a free initial consultation. We can evaluate your case and hold the negligible party accountable for your injuries and losses.

Call us today to schedule your free appointment at (715) 343-2850.

Some of the issues that Attorney Studinski addressed in his presentation include the following:

Did the Trucking Company Meet the Federal Motor Carrier Safety Administration Regulations?

The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations in place for trucking companies. These regulations are meant to ensure the safety of not only truck drivers, but also the safety of other motorists on the road.

In attorney Jason Studinski’s speech, he highlighted Part 393 of the FMCSA’s regulations. In this section, it is stated that each truck must have all the parts and accessories necessary for safe operation. This includes brakes, proper lights, and more.

For nighttime truck drivers, the FMCSA purposely requires conspicuity materials to be on all trucks. For example, retro-reflective sheeting and tape is required on trailers and on the rear end of truck tractors. These are specifically meant to keep other motorists from crashing into truck drivers at night.

Attorney Jason Studinski also stated that retro-reflective tape reduces the likelihood of a crash by 44 percent for those 15 to 50 years old, and 20 percent for those who are over 50 years old.

If a truck that was a part of the collision is found to not adhere to FMCSA standards and regulations, this can be a strong point for your case in that the truck driver and company’s negligence caused the collision with your car. In fact, if the truck driver and truck company are not following one or more of the FMCSA’s regulations, this can be considered a disqualifying event, meaning that their truck should have never been on the road in the first place.

If this is the case, you should contact Studinski Law, LLC immediately to get started with your case.

How Your Attorney Will Deal with the Defense

The opposing party in your case will try to confuse and mislead you and the judge by compressing time, shifting the focus to the client, and presenting misleading evidence. In order to combat this defense, attorney Jason Studinski crafted seven steps your truck accident attorney should take:

1. Expand time to show the truck driver and company’s negligence.

2. Keep the focus on the truck company’s driver.

3. Demonstrate the negligence of the truck driver and trucking company.

4. Show that the truck company did not do everything it could to warn others of the truck’s presence on the road.

5. Demonstrate their client’s credibility.

6. Use industry and government publications and materials to demonstrate the known risk
of the regulation-violating truck.

7. Show that safe alternatives for truck drivers and truck companies cost less than one juror’s fee for one day of jury duty.

In addition to these guidelines, your attorney will also put the truck driver on the stand to ask them questions about the collision and their training.

To speak with an experienced Wisconsin truck accident lawyer, call Studinski Law, LLC today.

What You Need from the Truck Company

In order to properly craft your case, your attorney will need important documents from the truck company in order to perform a thorough investigation into what happened. These key truck company documents include:

  • The company’s safety budget
  • Costs for reflective tape/reflectors and other safety items
  • Pre/post-trip inspections for all vehicles, including trailers
  • Records indicating whose job it is and who gets paid to check the tape/reflectors
  • Contracts for trailer purchases
  • Complaints regarding that specific trailer off of the 800 number
  • Requirements of trailers as part of lease agreements
  • Insurance company audits

How a Wisconsin Truck Accident Lawyer Can Help

Being in a nighttime trucking collision can be a stressful and confusing experience. There are many steps to take after being in an accident with a truck or tractor-trailer, including gathering evidence and investigating if the truck driver and company were following the FMCSA’s guidelines or not. If you are in a nighttime collision with a truck driver, you should contact Studinski Law, LLC immediately.

Our Wisconsin truck accident lawyers can help you investigate your case and hold the truck driver and truck company responsible for your damages and losses. Contact us today at (715) 343-2850 to schedule your free and confidential consultation.

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