Insurance Duties & Bad Faith | Auto Accidents | Trucking Accidents | Federal Motor Carrier Safety Regulations

Insurance Duties & Bad Faith

When you buy pay your insurance premiums, you have contracted with the insurance company to provide you peace of mind when there is a covered loss. Your insurance premium requires the insurance company to fairly compensate you in a timely manner. Under the law, an insurance company that accepts your hard earned money owes you a "Duty of Good Faith and Fair Dealing". The "Duty of Good Faith and Fair Dealing" simply means that the insurance company should look out for your interest over the insurance companies own interest. When an insurance company violates the duty of good faith and fair dealing, the law allows you to sue the insurance company for "Bad Faith".

People every day are cheated by insurance companies that commit "Bad Faith" by failing to look out for interest of those persons making a lawful insurance claim. The law office of James Dunn & Associates is an experienced law firm who will aggressively protect your rights and recover funds from insurance companies who commit bad faith by breaching the duty of good faith and fair dealing. James Dunn has eighteen years of experience pursing recovery from insurance companies on behalf of his clients. You must have a wide array of resources and tools to ensure that you obtain justice and lawful compensation from the insurance companies who commit bad faith. You can have the resources you need to protect your rights from an insurance company, without paying any up front attorneys fees or costs, by hiring James Dunn. The insurance company may be committing bad faith by:

  • failing to pay a claim in a timely manner;
  • failing to pay the fair and just value of a claim;
  • failing to promptly investigate and evaluate the claim on your behalf;
  • failing to assist you with the insurance claim so that you receive a prompt and recovery;
  • withholding and delaying payment;
  • refusing to respond to your fair and reasonable requests.

Your are owed a duty of good faith and fair dealing by the insurance company. James Dunn will ensure you receive what you are entitled and represent your interests when the insurance company has committed bad faith. Whether James Dunn represents you in a bad faith lawsuit, an interstate trucking accident, automobile accident, wrongful death, spinal injury, whiplash or brain injury, Oklahoma City based law firm of James Dunn & Associates has the resources, and the experience to take on even the most serious of cases anywhere you may need him. James Dunn is an experienced pilot and his firm maintains a plane to ensure that you can be served on a moments notice when you and your family is faced with catastrophic damages.

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Auto Accidents

James Dunn & Associates has vast experience with automobile accidents, personal injury and/or civil claims involving catastrophic damages, death, dismemberment, wiplash and/or traumatic brain injuries. James Dunn has personally handled over 3000 motor vehicle accident cases for people and families who have suffered a loss by a negligent person or company. This experience will allow you to maximize your recovery from the insurance companies responsible for the automobile accident. In major vehicle accidents, the insurance companies will have their own investigators, experts and/or claims adjusters at the vehicle accident scene.

Many times, the insurance companies representatives arrive at the accident scene before the automobiles are removed by the law enforcement agencies. The automobile insurance companies arrive at the accident scene so they can manipulate the evidence relating to the automobile accident. Automobile insurance companies only goal is to limit the injured victim(s) rightful recovery from a personal injury claim. James Dunn has extensive experience in investigating auto accidents so that he will recover the truth about the evidence hidden and/or manipulated by the automobile insurance companies.

James Dunn has a reputation of personally handling each automobile accident claim for his clients. The law office of James Dunn & Associates will hire the top experts in the country to protect the rights of injured victims and their families who hire James Dunn. You must have a wide array of resources and tools to ensure that you obtain justice and lawful compensation from the insurance companies for injuries caused by a car accident. You can have the resources to protect your rights, without paying any up front attorneys fees or costs, by hiring James Dunn. You can be assured that you have retained an experienced and aggressive attorney when you hire James Dunn. He has more than eighteen years of experience recovering just and lawful compensation from automobile insurance companies for persons and families that have suffered a personal injury loss or death by a motor vehicle accident.

Whether an interstate trucking accident, automobile accident, wrongful death, spinal injury, whiplash or brain injury, Oklahoma City based law firm of James Dunn & Associates has the resources, and the experience to take on even the most serious of cases anywhere you may need him. James Dunn is an experienced pilot and his firm maintains a plane to ensure that you can be served on a moments notice when you and your family is faced with a catastrophic injury.

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Trucking Accidents

Interstate trucking is governed by the Federal Motor Carrier Safety Regulations, and such cases involve technology, business practices, insurance coverage, and discovery of documents and electronic records unfamiliar to the vast majority of lawyers. If you or a loved one has a catastrophic interstate truck or bus wreck case it is essential that you promptly hire an experienced trucking trial lawyer.

A trucking accident occurs when large trucks or trailers weighing 10,000 pounds or more collides with some other vehicles or pedestrians. Around 500,000 trucking accidents occur every year in the United States. Of these, approximately 5,000 trucking accidents result in fatalities. In fact, one out of every eight traffic fatalities involves a trucking collision.

Interstate carriers weigh up to 80,000 pounds, Collisions with interstate trucks cause catastrophic injuries to innocent victims. Most of the deaths and injuries involve the passengers of vehicles while the drivers of the tractor-trailers usually escape injury. Due to the large size of interstate trucks, an accident will greatly endanger the lives of anyone around a negligent motor carrier. Many times, interstate trucking accidents occur when the driver, owner and/or operator of the semi:

  • is Speeding or driving recklessly;
  • is an Unlicensed Driver;
  • Disobeys Federal and State Safety Procedures;
  • Fails to adequately inspect and/or maintain the Semi-tractor or trailer;
  • Fails to have proper training and safety procedures;
  • Drives more than the allowable time per day;
  • Fails to secure the cargo causing the load to shift;
  • Overloads the truck;
  • Operates the Interstate Carrier under the influence of drugs or alcohol;

James Dunn is a member of the Association of Plaintiff Interstate Trucking Lawyers of America. James Dunn has the expertise, reputation and resources to personally handle your Interstate Motor Carrier traffic accident. The law office of James Dunn & Associates will hire the top experts in the country to protect the rights of injured victims and their families who hire James Dunn. You must have a wide array of resources and tools to ensure that you obtain justice and lawful compensation from the insurance companies for injuries caused by a negligent interstate motor carrier. You can have the resources to protect your rights, without paying any up front attorneys fees or costs, by hiring James Dunn. You can be assured that you have retained an experienced and aggressive attorney when you hire James Dunn. He has more than eighteen years of experience recovering just and lawful compensation from insurance companies and interstate motor carriers.

Whether an interstate trucking accident, automobile accident, wrongful death, spinal injury, whiplash or brain injury, Oklahoma City based law firm of James Dunn & Associates has the resources, and the experience to take on even the most serious of cases anywhere you may need him. James Dunn is an experienced pilot and his firm maintains a plane to ensure that you can be served on a moments notice when you and your family is faced with a catastrophic injury.

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Federal Motor Carrier Safety Regulations

Almost any truck wreck is likely to involve violation of multiple Federal Motor Carrier Safety Regulations. An attorney handling a truck wreck case must be familiar with these regulations, which are designed to protect public safety.

A few of the more significant regulations are:

Trucking company must monitor the truck driver's driving records at least annually.

49 CFR 390.3
Trucking companies are required to be familiar with trucking regulations and teach them to drivers and loading dock personnel.

49 CFR 390.5
Broadly defines "employee" of a trucking company to include independent contractors and drivers of leased trucks. A driver may simultaneously qualify as an "employee" of multiple companies, increasing the amount of liability insurance available in a case of catastrophic injury.

49 CFR 391.11
Truck drivers must be over 21, pass a test on ability to safety operate the truck, read and speak English, and pass a physical exam related to ability to safely operate a large truck.

49 CFR 391.23
Trucking companies must check the driver's driving history and document that references have been checked.

49 CFR 391.15
A truck driver is automatically disqualified if caught driving under the influence of alcohol or drugs, with a blood alcohol score of 0.04 gr/%, and cannot consume any alcohol within four hours before driving.

49 CFR 391.25
Trucking company must monitor the truck driver's driving records at least annually.

49 CFR 390.13
Trucking companies should not aid, abet or encourage drivers' violations of regulations. Paying truck drivers by the mile, and not paying for inspections, required rest time, time out of service due to safety concerns, etc., may encourage violations of regulations.

49 CFR 395.3
Trucking companies must not permit or require drivers to exceed time in service rules. They should monitor driver logs. If a driver "cooks the books" to falsify service time, rest time, inspections, etc., that is imputed to the employer.

49 CFR 392.2
Interstate truck drivers must obey traffic laws of states where they operate.

49 CFR 392.3
Driver and company prohibited from operation when driver's ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate a commercial vehicle.

49 CFR 392.4
Drivers' use of amphetamines prohibited.

49 CFR 392.5
Drivers' use of alcohol prohibited.

49 CFR 392.6
Trucking companies must schedule loads with time for safe delivery.

49 CFR 392.7
In a pre-trip inspection the following must be in good working order: service brakes, including trailer brake connections; parking (hand) brake; steering mechanism; lighting devices and reflectors; tires; horn; windshield wiper or wipers; rear-vision mirror or mirrors; coupling devices. See also 49 CFR 396.13.

49 CFR 392.8
Duty to inspect emergency equipment.

49 CFR 392.9
Driver must inspect truck's load at beginning of trip, again in first 25 miles, and every 3 hours or 150 miles thereafter, except for a sealed trailer.

49 CFR 392.22
Warning devices must be put out within ten minutes when a truck is disabled.

49 CFR 392.14
Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued.

49 CFR 392.71
Radar detectors are prohibited.

49 CFR 396.13
Driver vehicle inspection requirements.

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