A Thorough Look at the Steps to Take Post-Accident
When a truck crash occurs, most people focus on the driver’s behavior. However, the blame can extend far beyond the person in the driver’s seat. Trucking companies must maintain their trucks in a safe condition, ensure their drivers are competent and ensure their operations are consistent with federal regulations. Proving a trucking company responsible for negligence is crucial to ensuring that victims receive full compensation.
1. Investigate the Accident Thoroughly
This includes collecting physical evidence from the scene, reviewing police reports, interviewing witnesses and gathering any available video evidence. It’s essential to act quickly, as critical evidence, such as skid marks or surveillance recordings, can disappear or be overwritten.
For example, suppose you live in a trucking hub like Hobbs, New Mexico, which has numerous trucking routes passing through town and frequent traffic accidents that necessitate assistance from multiple agencies. In that kind of complicated case, the right legal counsel is crucial. An experienced truck accident lawyer in Hobbs, NM, would act quickly to preserve critical evidence by serving a legal preservation letter and conducting a complete investigation.
2. Obtain the Driver’s Logbooks
Driver logs are critical in identifying violations of federal hours-of-service (HOS) regulations. The rules place a cap on the amount of time a trucker can go without taking a rest. That said, driver fatigue is a significant contributing factor in many truck accidents, and altered or incomplete logbooks can form the basis of a strong negligence case.
In most cases, commercial trucks are now required to have electronic logging devices (ELDs), which can also identify discrepancies or violations. If a company permits or encourages drivers to falsify logs, then it could be held directly responsible.
3. Review Maintenance Records
Trucking companies are required to perform routine maintenance on their fleets and keep detailed service records. If the wreck was in part caused by mechanical failure, like defective brakes or worn-out tires, maintenance logs may provide evidence of negligence.
The lack of records, forgeries or imperfections in the record-keeping show that the company had not met even basic safety standards. A truck forensic investigation, often performed by accident reconstruction experts, can further support claims of inadequate maintenance.
4. Examine Hiring and Training Practices
A trucking company is responsible for hiring professional and licensed drivers and providing them with appropriate training. The company can also be held accountable if it fails to conduct background checks, disregards a prior history of violations or hires drivers without a valid commercial driver’s license.
Likewise, insufficient or hasty training on safety precautions, use of equipment or what to do in an emergency may indicate negligent hiring or supervision of the employee. Documentation, such as employment records and training manuals, may be considered evidence.
Take Away
To hold a trucking company accountable for negligence, it is necessary to uncover more than just the direct cause of an accident. Through an in-depth investigation of the incident, preservation of key records and a review of company history, victims may discover a history of reckless behavior and regulatory violations.
These attempts are not just for legal records, but also intended to change industry behavior for the better. Corporate accountability ensures that careless practices are exposed and that future tragedies are avoided.
The post How to Hold Trucking Firms Responsible for Negligence first appeared on Clean Fleet Report.