This past June, Tracy Morgan was seriously injured in a trucking accident when his limo was rear-ended by a fatigued Wal-Mart truck driver on the New Jersey Turnpike. After leaving the hospital following the collision, comedian Tracy Morgan was moved to a rehabilitation center to continue his recovery. Morgan remained at the rehabilitation center for more than six weeks with a broken nose, broken leg, broken ribs and brain injury. During that time, Morgan underwent cognitive rehabilitation, speech rehabilitation, and physical rehabilitation.
Yet his lawyer and his friends have said that Morgan will likely never be the same after his traumatic brain injury. Back at home, Morgan continued his aggressive rehabilitation programs, but recovering from a traumatic brain injury is difficult. It is likely that Morgan may never perform again.
If you don’t think that large commercial trucking companies will try to twist the blame back on you for the accident — think again. Even Tracy Morgan is finding out the hard way that trucking companies and corporations don’t play fair when it comes to taking responsibility for their actions. Wal-Mart blamed Tracy Morgan and his deceased friend for not wearing their seatbelts. Their arguments infuriated Morgan and his lawyer. “They’re good blame shifters. I guess that’s how they make $783 billion a year, shifting blame.” —Benedict Morelli, Tracy Morgan’s attorney.
Trucking accidents can have devastating effects on the lives of those involved. The aftereffects can be financially and physically traumatic, as trucking accidents often result in a variety of complex injuries and symptoms. Injuries to the extremities are common in trucking accidents, as are head traumas, whiplash, back pain, injuries to the neck, shoulders and knees, and paralysis.
There are a number of factors involved in large trucking accidents, particularly truck-driver fatigue, driver distraction, and even driving while under the influence. Although the hours a trucker may drive have been reduced to eleven hours at a stretch, this is still a very long time to be behind the wheel of a truck. Further, because truck drivers don’t get paid unless they are driving, they often exceed the number of hours by keeping two logbooks. This means there are many truckers on the roadways that are driving while exhausted.
Other causes of trucking accidents include lack of regular truck maintenance, defective truck parts, and poorly secured loads. A truck driver also must deal with serious blind spots–also known as “no-zones.” When a vehicle is directly behind, directly in front of, or on either side of the truck, the driver cannot see the vehicle, and may change lanes without realizing there is a vehicle in the way.
If you are injured in a trucking accident in Miami or anywhere in South Florida, you will need an experienced trucking accident attorney to handle your case. Insurance companies and trucking companies are not eager to pay claims after a serious trucking accident — and they often look to avoid the blame. They do this by tampering with evidence, destroying the truck’s black box, and even pinning some of the blame for the accident back on you. Your lawyer will need to work quickly to obtain vital evidence, such as the black box, before it is destroyed or lost forever.
A bill introduced in Congress in 2012 would have required all owners/operators of large commercial trucks to install electronic data recorders–also known as the black box–to record the truck driver’s every move. Supporters believe the bill would make our roadways much safer, while many truck drivers felt it was nothing more than an invasion of privacy. The bill has failed to pass as of yet, but many trucks do have black box instruments installed. The truck’s black box can measure average speed, deployment of airbags, speed at the time of collision, brake usage five seconds prior to the collision, clutch and gear selection made by the driver, RPMs of the truck prior to the accident, whether cruise control was engaged, any malfunctions associated with the engine, whether safety belts were worn, loss of oil pressure and the number of crash events.
If you or someone you love has been injured in a Miami trucking accident, you need an experienced law firm on your side with the resources necessary to fight large trucking companies. Contact the Dante Law Firm, P.A. today for a free consultation and review of your case.