HOW TO PROVE DRIVER AND COMPANY FAULT IN A TRUCK ACCIDENT

The impact between two trucks or with a smaller vehicle always results in at least serious damage to one or both vehicles. Fatalities are also highly recorded with a truck accident. They are high-maintenance machines that require strict regulations for operations. This is because they are massive vehicles that are difficult to maneuver with multiple blind spots and a need for highly skilled and experienced drivers only. These regulations called the Federal Motor Carrier Safety Regulations have helped drastically reduce incidents of accidents. Ruck accidents often occur due to the violation of one or more of these regulations. Identifying which rule was broken by the driver or the trucking company is the best way to prove fault and hold them accountable in a truck accident case.

Hours Of Service.

There is an established number of hours that truck drivers are expected to spend driving each day after which they are to take a break and get some rest. Exhaustion and fatigue are the top reasons for many truck accidents. When they operate such heavy machines while tired, they put other road users at risk. So, the FMCSR drew up time plan truckers and trucking companies are expected to adhere to. Within a 14hr time frame, a truck driver should not operate the vehicle for more than 11hrs. In a 24hr time frame, the driver is expected to be off duty for 10hrs. This rule ensures that the drivers take breaks while driving and get full 10 hours of rest before getting behind the wheel again. If an accident occurs due to fatigue, it can be traced to lack of rest and violation of the hours-of-service rule, thus proving the fault of the driver.

Alcohol And Drug Testing.

Drivers are required by law not to operate vehicles while under the influence of drugs or alcohol. Even medication prescribed by medical practitioners should not be taken while driving. they are expected to be alert and attentive. Thus, the FMCSA has mandated trucking companies to run periodic and unannounced drug tests on their drivers to ensure that they are compliant with the rules. These tests are to be conducted before allowing a new driver to operate the vehicle, after a fatal accident, if there is suspicion of being under the influence, and before allowing a suspended driver who was previously found in violation to return to duty. If an accident occurs and the trucking company is found to be non-compliant with these rules, fault can be established.

Regular Motor Vehicle Inspection.

When clients present litigation cases, Boston MA delivery truck accident attorneys always look into whether the trucking company conducted regular and proper motor vehicle inspections on the trucks before putting them on the road. The FMCSR also demands that trucks are subjected to regular and meticulous inspection of commercial motor vehicles to ensure they are road-worthy and do not pose potential threats to other road users. Everything from brakes, tires, wheels, lights windshields, vacuum systems, and the rest need to be inspected for possible defects and fixed to optimal condition. Failure to do so is a violation of safety regulations and is proof of fault if an accident is traced to it.

Driver’s Medical History and Health Status.

It is expected by law that people who operate heavy machinery like commercial trucks should be hale and hearty. A record of their health status from point of employment and onward should be kept. They should also be regularly examined to catch potential health problems that could lead to incidents early.  Heart problems, defective eyesight, hearing issues, diabetes are just a few health challenges that truck drivers should be monitored for and managed efficiently. Failure to take this into account can lead to unnecessary accidents and liability will be established.

Conclusion.

Violation of safety regulations on the road is typically the leading cause of truck accidents. A good attorney will be able to fish out these faults and hold the erring company liable for damages incurred.