Tuesday, July 18, 2023

Video Footage Proving A Commercial Vehicle Accident Claim

The Importance Of Video Surveillance Footage
In Proving A Commercial Vehicle Accident Claim

Video surveillance footage can play a critical role in proving the liability of the responsible parties in commercial vehicle accidents. Locating sources of video footage may present challenges, but our commercial vehicle accident attorneys at Miller Weisbrod Olesky possess the expertise and experience to identify and obtain footage from various cameras that may have captured the accident. We understand how to leverage this compelling evidence to your advantage.

Once you hire us, our commercial vehicle accident lawyers and in-house investigators will swiftly visit the accident site and the surrounding potential locations to determine if any surveillance cameras have recorded your motor vehicle accident. In case after case, we have utilized indisputable video surveillance footage from surrounding areas near the accident site to expose false statements made by commercial vehicle drivers to the police.



Where Accident Video Footage Be Found?

If you have been involved in a commercial motor vehicle accident, there is a high likelihood that the collision was captured by one or more cameras. Possible sources of footage include:


Dash Cams

Dash cams, which are mounted on dashboards, are increasingly prevalent in the trucking industry. Commercial motor vehicle (CMV) companies have various types of dash cams installed in their vehicles:

  • Four-way dash cams: Provide comprehensive coverage of the front, sides, and driver area of the truck
  • Driver-facing dash cams: Record the driver's actions
  • Forward-facing dash cams: Capture the view of the road ahead of the truck

Footage from truck dash cams may also favor your case. Additionally, more passenger car drivers are equipping their vehicles with dash cams, so it is worth exploring whether you or other motorists involved in the accident have captured video footage.




Traffic Cameras

Traffic cameras, installed on traffic lights and other areas of the road, continuously monitor traffic. While the use of photo-monitoring devices to prove traffic violations is prohibited in Texas, surveillance footage from traffic cameras can serve as evidence of fault in civil claims arising from commercial vehicle accidents and other crashes.




Surveillance Cameras

Security cameras are ubiquitous, ranging from doorbell cameras connected to homeowners' smartphones to comprehensive surveillance systems in commercial properties. If the camera is positioned appropriately, it may have captured video footage of your commercial vehicle accident, which can be valuable evidence for your case.




Police and Law Enforcement Body Cams

Using police and law enforcement body cams to capture statements of truck drivers and eyewitnesses during a truck accident can be an effective way to gather reliable and objective evidence. Body cams are small, wearable cameras that are typically attached to the uniforms or equipment of police officers and law enforcement personnel. They record audio and video footage of incidents from the perspective of the wearer.

To maintain the integrity of the evidence, it's fundamental to establish a clear chain of custody for the body cam footage. This involves properly handling and storing the recorded data to ensure it remains untampered and admissible in court.




Cell Phone Cameras

Nearly everyone nowadays carries a high-quality video camera in their pocket in the form of a cell phone. Witnesses to the accident might have recorded the events leading up to and during the crash. Our commercial vehicle accident lawyers at Miller Weisbrod Olesky can utilize this footage, along with witness testimony, to strengthen your case.

Cell Phone Camera Footage



Important Considerations

Two key factors to bear in mind are:

  • (a) Video footage is time-stamped, so knowing the date and preferably the exact time of the accident is necessary to acquire the relevant footage.
  • (b) Recordings are not stored indefinitely, and critical footage can get damage or be erased by trucking companies or others at any time.

Most surveillance cameras only hold data for a week at most.

If you have been injured in a CMV accident, you should seek legal representation from our commercial vehicle accident lawyers at Miller Weisbrod Olesky as soon as possible in order to maximize your compensation from all the liable parties.




Contact Miller Weisbrod Olesky

Our experienced attorneys take on even the largest commercial transportation companies and their insurance carriers. Our proven record of success in obtaining substantial settlements and verdicts for our injured clients speaks for itself.

If you were injured in an accident caused by an 18-wheeler, tractor-trailer, semi-truck, big rig, or any other commercial or municipal vehicle, we invite you to contact our offices today to schedule a free consultation with an experienced trial lawyer.

Immediate investigation and swift legal action may be necessary to protect your rights. Miller Weisbrod Olesky represents commercial vehicle accident victims across the United States. To discuss your case in a free consultation, please call our offices toll free at 888.987.0005 or contact us by e-mail today.

Monday, July 10, 2023

Defective Brakes In Company Vehicle Accidents.

defective 18-wheeler brakes

If you or your loved one has suffered injuries in a company vehicle accident caused by brake failure or malfunction, it’s essential to understand that proving brake defects will be critical to your claim for damages. Furthermore, determining liability for defective brakes in company vehicles can be complex.

Company vehicles, unlike passenger cars, utilize air brakes instead of hydraulic brakes. The reason behind this distinction is that hydraulic lines can develop leaks, rendering it difficult for a massive company vehicle to come to a halt. While hydraulic brakes rely on oil, air brakes function through the use of compressed air. This difference in brake systems adds complexity when establishing liability.

Defective air brakes in a company vehicle can lead to various consequences, including:

  • Insufficient brake performance, where the brakes fail to slow the truck adequately during emergencies
  • Brake imbalance, which can result in jackknife accidents
  • Brake fade, occurring when the brakes overheat
  • Brake fires
  • Brake failure resulting from defects within the brake system or maintenance issues

Proving that defective brakes were the cause of your accident and injuries requires thorough investigation and expert analysis.

In cases where rear-end or override company vehicle accident occurs, driver inattention and/or speeding are commonly assumed factors. Besides, there are instances where the company vehicle driver followed all protocols, but the brakes simply malfunctioned. In such situations, multiple parties may be held liable for injuries sustained in the accident.

To establish that defective brakes were responsible for the accident, our prolific company vehicle accident lawyers will collaborate with accident reconstruction experts and automotive engineering professionals. Through a close examination of the vehicle, the black box data, and the brake system, we will determine the cause and nature of the incident.

Who can be Held Liable for a Defective Brakes Company Vehicle Accident?

Potential parties at fault in an accident caused by defective company vehicle brakes include:

Manufacturer, Designer, Automotive Engineer, or Dealer of the Company Vehicle

If the brake failure can be attributed to a defect within the brake system, legal action may be taken against the manufacturer, designer, engineer, or distributor. For instance, if an air brake design lacked adequate provisions to withstand high temperatures, liability can be established.

Company Vehicle Repair and Maintenance Providers

In cases where inadequate maintenance led to brake malfunctions, the responsible mechanic or auto shop may be held accountable for the accident.

Company Vehicle Driver and Trucking Company

The driver has a responsibility to conduct daily safety inspections and report any defective or worn brakes. Failure to fulfill these obligations may make the driver liable for accidents caused by defective brakes. In addition, the trucking company holds vicarious liability for the actions of its employees, making them jointly liable.

The Trucking Company and Other Parties

Improper vehicle maintenance practices can render the trucking company liable. Moreover, if the company failed to conduct proper background checks, disregarding a driver's history of careless driving or inadequate inspection habits, they may be held liable.

In some cases, multiple parties may share liability. For instance, if the trucking company knew of a mechanic's substandard maintenance practices but still allowed the company vehicle on the road, both the repair mechanic and the company vehicle carrier could be held liable.

By diligently investigating the brake defects and determining liability, our dedicated company vehicle accident attorneys will secure the largest possible compensation you are entitled to for your injuries and losses.

Contact Miller Weisbrod Olesky Today

If you were injured in an accident caused by an 18-wheeler, tractor-trailer, semi-truck, big rig, or any other commercial or municipal vehicle, we invite you to contact our offices today to schedule a free consultation with an experienced trial lawyer.

Immediate investigation and swift legal action may be necessary to protect your rights. Miller Weisbrod Olesky represents commercial vehicle accident victims across the United States. To discuss your case in a free consultation, please call our offices toll free at 888.987.0005 or contact us by e-mail today.