Given the sheer mass of a commercial truck, you may suffer debilitating injuries in a large truck crash. If you have been hit by a truck driver, liability rarely lies with the driver alone. In several cases, liability may lie with the trucking company if they fail to properly train the driver, perform routine maintenance on the vehicle, or to adhere to the hours-of-service regulations. Understandably, you don’t have the time or energy to dispute liability with their commercial insurance carrier. Thankfully, our Franklin County truck accident lawyers are prepared to advocate for the compensation you rightfully deserve.
Inadequately Trained Drivers
Truck drivers are the first party evaluated when it comes to determining liability. A trucker who is driving impaired, driving recklessly, or breaking traffic regulations will be held accountable for their actions. Unfortunately, not all truck accident cases are that cut-and-dry. While the truck driver may assume some level of responsibility, it is the responsibility of the trucking company to adequately train drivers.
While drivers are required to complete a truck driver training program to acquire their commercial driver’s license (CDL), most drivers require further training. A trucking company is responsible for providing technical and skill training to new drivers to ensure they are safe on the road. If a trucking company fails to provide this basic training to its drivers, it may be held legally responsible for your injuries.
Failing to Perform Routine Maintenance
Commercial truck drivers are often required to travel hundreds of miles per day to make deliveries on schedule. This demanding schedule causes wear-and-tear on a truck, making it essential that preventative maintenance is performed every 10,000 to 25,000 miles. This maintenance will include oil changes, as well as checking brakes, tires, and transmission fluid. Failure to perform routine maintenance could result in an accident, causing catastrophic and potentially fatal injuries.
Failing to Ensure Drivers Stick to Hours of Service Regulations
The Federal Motor Carrier Safety Administration (FMCSA) stipulates how many hours per day a driver can be on the road. Known as the hours of service (HOS) regulations, drivers will be required to have rest periods and time that they should be resting in the sleeper berth. Property-carrying drivers have a 14-hour driving limit, which may include an additional two hours in the event of bad weather. The off-duty period must add up to 10 hours, as long as seven consecutive hours are spent in the sleeper berth. Although drivers must adhere to these regulations, it is ultimately the responsibility of the trucking company. A truck driver’s immediate supervisor should check a driver’s log (known as the record of duty status) daily to ensure that they are observing these rules.
The Role of Our Truck Accident Lawyers
As the victim of a truck accident, you will not know if the trucking company or a third party is partially liable for your injuries. Commercial trucks have electronic logging devices (ELDs), which record a truck’s speed, when the engine is on, and how many miles the truck has traveled in each day. Our Franklin County truck accident attorneys are prepared to examine this information and other relevant evidence. Whereas we believe that you should be fully compensated for your physical, emotional, and financial damages, we believe the appropriate parties should be paying their fair share.
Franklin County Truck Accident Lawyers Providing Aggressive Counsel
A normal day driving home from work can quickly be cut short by a collision with a commercial truck. If you or a family member has fallen victim to a truck crash, our Franklin County truck accident attorneys would like to speak with you. At Shollenberger Januzzi & Wolfe, LLP, our legal team is happy to assess your situation, assist with submitting your claim, and negotiate with insurance for a fair settlement. To learn the true worth of your truck accident case, our office can be reached online or by calling (717) 229-6580 today.