Often we have clients who are catastrophically injured and killed by wrecks with tractor trailers.
Most truck drivers are safe and careful drivers.
Some are not.
Most trucking companies have safe and well maintained equipment.
Some do not.
Most companies carry adequate liability insurance.
Some do not.
Honestly, some of the worst situations we see are log trucks and dump trucks.
A disturbing trend has emerged, where trucking companies and their insurance companies hire top criminal lawyers to delay their driver’s traffic and criminal charges for long periods, even years They are often successful in getting the charges dismissed altogether.
I attribute this trend to trucking companies’ desperation to combat an ever-increasing shortage of drivers in the industry as a whole. They have a vested interest in protecting their drivers. In court, truck driver’s attorneys beg the Judges not to take their Commercial Driver’s Licenses.. For a truck driver, a Commercial Driver’s License is a prerequisite to doing their job.
Everyone deserves a second chance, provided the accident occurs because of an honest mistake or error.
The difficulty lies in determining when mistakes are honest, or when they are preventable. Some don’t fit that description, and it’s hard to know. How many times have they been reckless and gotten away with it and left with NO record?
While the traffic and criminal charges are delayed, a defendants’ criminal lawyer will not allow them to testify or give statements, rather they plead the 5th. As a result, many plaintiffs find their recovery delayed, sometimes for years.
These delays cause a myriad of other problems, such as the disappearance of key evidence, witnesses, or even a plaintiff’s death. How is this fair? How is this justice?
Over-burdened district attorneys and assistant district attorneys are strapped for time, resources or desire to prosecute these cases. When the charges are reduced or dismissed, the truth is swept under the rug. Any record of how often this driver has been reckless or careless is lost.
A driver could have an unknown history of seriously injuring or killing other people, and yet they are presently on the road posing an imminent threat to the unsuspecting public.
We see this far too often. Put simply, justice delayed is justice denied.
Make it a super great day!
Howard Spiva
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