Paullin Law Blog

Faulty inspection, maintenance, or repair can cause truck accidents

Monday, August 08, 2011
If you were injured in an accident caused by the improper inspection, maintenance or repair of a tractor trailer, the trucking company’s own records may provide the most important clues and evidence to support your claim. The attorneys at Paullin Law Firm know that obtaining these records is imperative, and will ensure that they acquire every piece of evidence that may help defend your claim.

•   Under the Federal Motor Carrier Safety Regulations, interstate motor carriers are required to “systematically inspect, repair, and maintain all motor vehicles subject to [their] control,” and must maintain accurate records of all inspections, repairs and maintenance (FMCSR § 396.3). However, these records must be maintained for only 1 year, or less if the truck leaves the motor carrier’s control. Thereafter, they may be destroyed. The attorneys at Paullin Law Firm are familiar with these regulations and know how to secure crucial records before they are lost or destroyed.

•   Every motor carrier must prepare a daily written report identifying any defect or deficiency the driver has discovered that could affect the safety of the vehicle’s operation or result in its mechanical breakdown. The carrier must maintain the original inspection report and certification of repairs for only 3 months from the date the report was written. If a company is aware of a defect but makes a conscious decision not to repair it, regardless of the risk to the general public, their negligent action may result in an accident. If you were injured in a collision caused by a trucking company’s failure to correct a defect in one of its tractor trailers, our attorneys will obtain the carrier’s daily reports to determine if the trucking company was negligent.

•   Motor carriers are required to maintain a driver qualification file for every driver, including a driver’s application for employment, driving record, the medical examiner’s certificate of the physical qualification to drive a commercial motor vehicle and a list of violations of motor vehicle laws. The attorneys at the Paullin Law firm will review these documents to seek evidence the truck driver involved in your accident had prior traffic violation convictions for reckless driving or DUI.

The attorneys at Paullin Law Firm are knowledgeable about the regulations listed above as well as other federal regulations that govern the loading, maintenance, and operation of tractor trailers. Our attorneys review these and many other facts of your case to determine if a trucker’s failure to comply with the safety regulations contributed cause to your accident. Call (804) 423-7423 today to speak directly with one of our experienced attorneys.


The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.

Diminution in Value: What insurance companies don’t want you to know

Friday, July 22, 2011

Diminution in value describes a reduction in the worth or value of something, generally caused by a specific circumstance or set of circumstances. In the context of an auto accident, diminution in value is the difference between a vehicle’s value before the collision and its value after collision and repair.

Diminution of value claims are based on the fact that damage to a motor vehicle results in a loss in market value, even after the damage has been repaired. Indeed, the resale value of a vehicle that has been repaired after an accident is often diminished significantly due either to actual damage or to the stigma carried by repairs. Luxury vehicles, for example, can lose more than a quarter of their value if damaged and repaired after a serious accident. (Washington Post, 2004)

In the decision for American Service Center Assocs. v. Helton (DC, 2005), the court held that since a plaintiff whose vehicle is destroyed in an accident receives its full market value, a plaintiff whose vehicle is repairable should also end up with a vehicle of the same market value. If the vehicle does not have the same market value after repairs, the plaintiff should receive additional damages to account for the discrepancy, provided that the award does not exceed the gross diminution in value.

 

For example, if a car is worth $40,000 before a collision and only $25,000 after being damaged, its gross diminution in value is $15,000. If after repairs of $10,000, the car is worth $30,000, the residual diminution in value is $10,000. Even though the cost of repairs and the residual diminution total $20,000, the maximum award will be $15,000, the gross diminution in value caused by the collision.

 

A claim for diminution in the value of a vehicle may be made against a third party whose negligent action caused damage to the automobile, or as a first-party claim against the insured person’s own physical damage coverage. The results of such a claim depend on the wording of the insurance policy in question and on state-specific mandates. (In the state of Virginia, diminution in value claims generally only apply to third-party liability claims, when the damage has been caused by someone else’s negligence.)

 

Most automobile insurance policies cover the costs to repair a vehicle after a collision or some other insured cause, or if the damage is irreparable, the actual cash value of the vehicle. Since State Farm Mutual Automobile Insurance Co. v. Mabry (GA, 2001), a few insurance companies have added wording to establish that they will not compensate for diminution in value, but most policies omit any mention of the issue.

 

In any case, it’s important to document the extent of the damage and the repairs with photographs. The Code of Virginia also requires an appraisal by a qualified individual of both the amount of damage and the amount of diminution in value (see § 8.01-416, below) in order to determine the appropriate amount of compensation in each claim.

 

Contact the Paullin Law Firm today and receive the experience, compassion, and tenacity needed to fully recover compensation for your case. We will carefully evaluate your case in the light of Virginia law and precedent and help you determine what steps to take next.

 

 

The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.

Driver fatigue poses serious threat

Friday, July 08, 2011
A contributing factor in as many as 30-40% of all heavy truck crashes, driver fatigue is one of the leading causes of truck accidents (National Highway Transportation Safety Administration, 1994).

This comes as little surprise, since drivers are permitted by law to operate their vehicles for up to 11 hours per day. In a 2000 study, the Federal Motor Carrier Safety Administration found that the risk of a crash effectively doubles from a driver’s eighth to tenth hour on the road. That risk doubles again from the tenth to the eleventh hour of driving.

These chilling statistics underline the significant threat posed by truck driver fatigue. At the hands of a driver with inadequate rest, a 40-ton vehicle can be deadly. You should not be held liable for damage caused in an accident with a fatigued driver.

The attorneys at Paullin Law Firm know that truck accident victims are often dealing with the stress of medical and auto repair bills, lost income and injuries. We offer compassionate, personal, practical and aggressive representation to ensure that your rights are protected. An accident with a tractor trailer is scary, but with Paullin Law Firm on your side, the aftermath doesn’t have to be.


The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.

Drunk drivers: even more deadly behind the wheel of a truck

Friday, June 24, 2011
You've seen the damage a drunk driver can do. Imagine what could happen if that driver were drunk behind the wheel of an 80,000-pound tractor trailer instead of a 3,000-pound sedan.

This enormous difference in weight is significant in relation to automotive accidents for a number of reasons. First, trucks' higher center of gravity and heavy cargo loads make them more likely than smaller vehicles to lose control while navigating traffic. Second, the additional weight means the force of a crash with a tractor trailer can be devastating.

The potential for injury and property damage in an accident with an intoxicated truck driver is extremely high. Our attorneys are experienced in handling personal injury cases and truck and other auto accidents. Contact the Paullin Law Firm today and receive the experience, compassion, and tenacity needed to fully recover compensation for your personal injury case. Call us at (804) 423-7423, or click here to contact us online.


The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.

Tractor Trailer Personal Injury Cases

Monday, June 28, 2010
If you have been injured by a tractor trailer or truck, you have rights that need to be protected. Mark S. Paullin is an attorney who has represented numerous tractor trailer companies and insurance companies and he can help you WIN YOUR CASE. Contact Mark S. Paullin for a consultation of your tractor trailer accident case.


The information and materials on this web site are intended to be used for informational purposes only and should not be considered legal advice. Individuals should not act upon information provided on the site without seeking professional legal counsel, as situations and facts vary with each case. In addition, Paullin Law Firm does not endorse or sponsor any content accessed through links to other web sites. All statements and information are current as of the posted date.