In a split second, an accident involving a commercial transportation vehicle can cause a range of issues for those involved and even for people a thousand miles away from the scene. Beyond the immediate health concerns of everyone at the scene, and the civil liability issues we routinely litigate, the commercial driver may also face potential criminal charges. This is an area of the law unfamiliar to most transportation lawyers on either side of the “v” and is certainly a circumstance the typical commercial driver will find harrowing. Criminal charges, or even the threat of them, are often first encountered at the scene of the accident itself, where the driver will already be scared and uncertain about what to do.
In our experience, the best practice is to have a plan before a driver hits the road. Most trucking companies have rapid response protocols in place, which should include the contact details of an attorney or law firm competent to evaluate the situation and provide advice immediately after an accident. We have working relationships with seasoned criminal defense attorneys that we work with when the circumstances call for it. Drivers are going to be upset, the scene is going to be chaotic, and decisions will be made quickly. While drivers must comply with law enforcement, they should also be informed of their 5th Amendment rights, which protect against providing potentially incriminating information. Promptly getting the driver the correct representation is imperative.
While a case isn’t won on the side of the road, it can certainly be lost there. An accident may bring criminal liability even if there has not been a fatality. And with criminal liability, the need to speak to an attorney becomes all the more critical. Even if the accident-response protocol for the trucking company includes contact information for a criminal defense attorney, an over-the-road trucker will be in varying jurisdictions, and local counsel will be required to handle any criminal matter going forward. Having your rapid response team ready to make this referral and get to the scene to provide immediate guidance to the driver will make sure any litigation that follows is resolved fairly and on the merits.
For more information about this issue and our commercial trucking work, please feel free to contact me or any member of our Commercial Transportation Team.
J. Ford Mozingo is an associate in the Birmingham office, where he works across various areas of litigation. He earned his bachelor’s degree summa cum laude from the University of Alabama and his Juris Doctor from the University of Alabama School of Law.
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Christian & Small LLP serves a diverse client base across Alabama, the Southeast, and nationwide, including individuals, closely held businesses, and Fortune 500 companies. By pairing highly experienced lawyers with specific client needs, Christian & Small creates innovative, effective, and efficient solutions tailored to each client. With offices in Birmingham, metro-Jackson, Mississippi, and the Gulf Coast, Christian & Small specializes in litigation and business law, is a member of the International Society of Primerus Law Firms, and is a Mansfield Rule™ Certified Plus Law Firm. Our corporate social responsibility initiatives focus on education, and diversity remains one of Christian & Small’s core values.
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