Truck accidents can be devastating because trucks' sizes allow them to cause more damage than small cars do. Several parties may be responsible for your truck accident claim, including truck drivers and trucking companies. Below are four things your lawyer and you can use to win your truck accident settlement.
1. CDL Status
The truck driver's commercial driving license (CDL) is one of the first things your lawyer may check. You need to confirm that the driver has a valid CDL because truck driving has a higher qualification threshold than car driving.
Minimum age, vision tests, and training requirements are all part of CDL acquisition. A driver without a valid CDL might not have met some of the requirements, making them a danger to other road users.
2. Drug Screening Records
The Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) require routine commercial driver testing. The rules and regulations specify the testing frequency and the substances for testing.
Your lawyer may access the driver's screening records and use them to shed light on the driver's driving risk. For example, a history of failed drug tests may strengthen your claim of intoxication as the accident case, especially if you have other circumstantial evidence of intoxication.
3. Driving Vs. Resting Hours
Truck driving is exhausting, and exhaustion reduces a driver's reaction time, interferes with their judgment, and can even induce sleep. Therefore, the government and employers define the hours of operations each driver should not exceed within a given period.
Thus, your lawyer will check the driver's work history on the days leading up to the accident. Consider a case where your lawyer learns the defendant had overworked in the week leading to the accident. You can use exhaustion as a contributing factor in the accident and strengthen your claim of the driver's liability.
4. Fleet Tracking Data
Many trucking companies use fleet tracking programs to monitor their vehicles and drivers on the road. Fleet tracking systems show things like:
- Truck speed
- Driver braking patterns
- Truck acceleration
- Truck location
Your lawyer can request and use the information to show the driver's errant behavior just before the crash. Consider a case where a truck driver takes an extended break at a location and then over speeds to recover the lost time. The fleet tracking data can help you prove the driver's behavior.
Get a good lawyer to maximize your chances of recovering your damages. The lawyer will know which trucking laws to scrutinize and how to get the information you can use as evidence in your case.
To get started, contact an auto accident attorney in your area.
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