Cases involving semi tractor-trailer and other commercial motor vehicle wrecks are different from any other personal injury case.
They are more complex, more time-consuming and require deeper investigation. For nearly four decades, attorney David Craig, the managing partner of Craig, Kelley & Faultless, has represented injured victims of these catastrophic wrecks.
About 35 years ago, David was a young lawyer who hadn’t yet found his niche. Here’s how one case changed the trajectory of his career.
Ask David: Reversing the Roles on After the Crash Podcast
In the latest episode of After the Crash, a personal injury podcast, host David Craig switches roles. Instead of interviewing a guest, the guest interviews him. They can ask him about anything: truck safety, semi wrecks, commercial vehicle litigation, and more.
The podcast was grateful to have Ashley Napier as its guest for this month’s “Ask David” episode. Ashley is a vital member of the team at Craig, Kelley & Faultless. She is the firm’s litigation supervisor, keeping file managers, legal assistants, law clerks and even attorneys on track.
Early Lessons Handling a Commercial Vehicle Accident Case
As a young attorney, David was hired onto a truck wreck case.
A dump truck, fully loaded with pea gravel, had been driving down the highway when it lost control. It drove off the highway, through a ditch and a fence, through a parking lot, and into a building, where it severely injured David’s client.
How could this have happened? That was up to David to figure out.
Today, there are countless groups and associations for commercial motor vehicle law and truck accident attorneys. When this wreck happened, David didn’t have those resources. So, he read everything he could find on heavy truck wrecks and trucking cases.
Why You Shouldn’t Trust the Trucking Company After a Wreck
The dump truck driver claimed that a tire blowout sent his vehicle off the road and toward the building. His company claimed he had done nothing wrong.
The trucking company’s defense attorney was aggressive and experienced. He used this against David, trying to intimidate him. Although David was unexperienced in this area of law, and the case would be challenging, he didn’t back down.
“I wasn’t afraid to fight,” David told Ashley, “And he couldn’t outwork me.”
How Video Evidence Can Prove Liability in Semi-Truck Crashes
David accessed video footage from near the wreck. It disproved the trucker’s claim.
The dump truck had been driving smoothly until it hit a fire hydrant. The tire blowout was not a random incident; it occurred after the driver struck the fire hydrant.
Video footage, whether from dash cams, police body cams, or nearby buildings, is a common source of evidence for truck wreck lawyers. It can give attorneys a look at a wreck that has already occurred and reveal key pieces of the puzzle.
However, many forms of video footage are deleted after a week or 10 days. Businesses with security cameras may not have access to the footage if you wait too long to request it.
Similarly, in the dump truck wreck, the building owner hired someone to come fix the fence and landscaping that the truck had destroyed. This happens often and can obscure evidence. Attorneys must preserve evidence as soon as they are hired.
Forged DOT Medical Card Discovered in Commercial Truck Case
To operate a commercial motor vehicle in the United States, truck drivers must carry a DOT Medical Card. This document is designed to ensure that drivers are physically able to do the job.
As it turned out, the dump truck driver had worked for this trucking company before. He had developed epilepsy, though, and lost his medical authorization because his epileptic seizures made him unfit to drive.
The company knew this but still asked him to drive a route. When he said he couldn’t, the company directed him to a sketchy doctor who rubber-stamped the medical card. On paper, this trucker was safe to drive.
When he discovered this, David consulted an epilepsy expert. The expert said the driver could have been distracted or asleep at the time of the crash, but it was more likely that he experienced a seizure.
If the trucking company had acted responsibly, this wreck could have been avoided. But it was in a pinch and decided an unsafe driver was worth the risk.
Trucking Company Lawsuit: How the Case Reached Trial
The defense attorneys fought David and refused to settle for a fair amount. The case went to trial. David and his client refused to accept less than what was fair and were prepared to allow a jury to determine the outcome.
The insurance company refused to pay the amount of money David demanded, but he wouldn’t settle for less. During jury selection, the defense attorney approached the bench and told the judge he would give David the amount he wanted.
The case was won.
What a Dump Truck Accident Taught One Injury Attorney
The lessons David learned throughout this case stuck with him. They informed his approach to personal injury, wrongful death and commercial trucking cases.
- Heavy truck wrecks are different from any other personal injury case.
There may be several parties involved — the truck driver, trucking company, shippers, equipment manufacturers, freight brokers — and the plaintiff attorney must discover which of these are liable for the tragedy.
- These wrecks require extensive investigation.
Trucking attorneys should gather all evidence, including 911 calls, surveillance footage, witness testimonies, vehicle data and physical evidence from the crash site. Today, David’s law firm, Craig, Kelley & Faultless, has a rapid response team to investigate accidents as soon as possible.
- Preserve all evidence, or else it might disappear.
Whether by accident or intentionally, the evidence in commercial motor vehicle wrecks often disappears. Trucking companies sometimes destroy faulty equipment or move it out of state so the plaintiff lawyers cannot reach it. In other cases, evidence fades or expires. Markings on the roadway may be covered up, or security camera footage may be automatically deleted.
To prevent this, truck accident lawyers must send preservation of evidence letters and collect all evidence promptly.
- Never trust trucking companies.
It is an unfortunate truth that some motor carriers in the United States prioritize profit over safety. They cut corners and hire cheap labor. They put poorly maintained vehicles on the road.
When their negligence causes horrible crashes, they deny responsibility and try to pay the victims as little as possible.
- Plaintiff lawyers must treat every case as if it is going to trial.
The majority (about 95%) of lawsuits end with an out-of-court settlement, meaning they never go to trial. However, relying on this is a huge mistake. Truck accident attorneys must devote themselves to each case as if it will end in a trial. They will be better prepared and in a better position to force a fair resolution.
From One Case to a Career: Recognized Truck Accident Attorney
Tough cases teach lawyers what matters most to them. For David, the dump truck wreck exposed the corruption in the commercial trucking industry. More importantly, it showed him that he could do something about it.
Victims who are injured by reckless truck drivers deserve justice. Families who lose a loved one to a negligent semi or heavy truck driver deserve justice.
David and the rest of the attorneys at Craig, Kelley & Faultless work tirelessly to fight trucking and insurance companies on clients’ behalf. Contact them today for a free case consultation at (800) 746-0226 or with the online form.
David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board certification in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.
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