subject: Why Serious Truck Accident Cases Are Not Always Easy to Win In Court [print this page] Why Serious Truck Accident Cases Are Not Always Easy to Win In Court
Our office is currently handling a very serious truck accident case in which our client sustained injuries to his neck and lower back. The trucking company employee was clearly at fault and the company fired the employee the day after his accident. We immediately obtained the employee's personnel file and depositions proving that his termination was due to his negligence in causing the accident and seriously injuring our client. You would think that this evidence would make our case easy to win in court.However, the law has a principle known as subsequent remedial measures. Under this principle, the actions that a company takes after an accident in order to prevent future similar accidents is often inadmissible (or not allowed) in court. This means that when a company terminates an employee because the employee caused an accident, the fact that the employee was terminated often cannot be used in court to show that the company was at fault. Fortunately we have other strong evidence which should win our client's case in court. However, the law unfairly allows a large trucking company to hide behind the principle of subsequent remedial measures when it was clear to the company, our client and anyone with common sense that the company's employee caused the accident and seriously injured our client. All we would ask is that a jury be allowed to also know this information in determining the outcome of our client's case. Now, the company is allowed to try to hide behind this stupid law. The man was at fault. We know it, the company knows it, and the court now knows it. But, the jury will not be allowed to know that he was fired since he caused serious injury to our client.The above example indicates why it is critical to hire an experienced truck accident lawyer if you have suffered any type of serious injury in a truck accident. Sometimes common sense does not apply in the courtroom and your attorney needs to know the procedural rules which can help win, and also lose, your case. There are also detailed federal regulations that apply to most truck accidents. Your lawyer must know these regulations and he must be able to present them in court to win your case.You can learn more about truck accident laws and motor vehicle laws by visiting our truck accident lawyer and Louisiana injury lawyer web site.
