Establishing liability in Commercial Truck Accidents

How does one establish liability in accidents involving large trucks?

• The use of the Federal Motor Carrier Safety Regulations (FMCSR) code may be an important tool to establish liability in truck cases and to show the negligent conduct of the truck driver and the motor carrier who contributed to or caused the collision. Auto accident attorneys in Bowling Green, Kentucky can help you understand how the regulations may apply to your specific case. [For more information on Truck Safety check out http://www.trucksafety.org]
• Truck driver and motor carriers may be jointly and severally liable for violating the regulations. In most jurisdictions, a violation of a statute or ordinance adopted for the public's safety may be negligence per se and may establish the violator's civil liability.
• Before the negligence per se doctrine can apply, injured parties must show that they are members of the class that the statute or ordinance was intended to protect.
• In addition the injured party must show that the injuries suffered were of the kind that the statute was enacted to prevent. Further the party must show that the statute or ordinance prescribes or proscribes the conduct at issue and that this conduct proximately caused the alleged harm.

What evidence must be secured after a truck crash?

• In truck crash litigation, it is important to immediately secure all evidence that may otherwise be lost, destroyed, or become unavailable. For example, the FMCSR requires all drivers to complete a log book (also known as Record of Duty Status) to document the number of hours the driver has operated the truck, been off duty, and been on duty but not driving.
• The FMCSR establishes timetables for drivers to file records with the motor carrier within 13 days of completing the approved log. The driver's home terminal must keep the logbook until the 20th day of the next calendar month. The book is then forwarded to the carrier's principal place of business and retained for 6 (six) months.
• Immediately after a crash, trucking company representatives and its accident reconstruction experts will secure the semi trailer and perform the background investigation.
• Critical evidence inside the truck, including beer cans, pep pills, cellular phones, magazines and duplicate logbooks may be removed.
• The truck itself may be sold for scrap and destroyed before auto accident attorneys can even be consulted by members of the victim's family to protect their interests. Contact our office today to prevent this from occurring.

The law firm of Flora Templeton Stuart will immediately request the following to preserve evidence:

Driver logs Accident & incident reports Bills of lading Border crossing reports Waybills Cash advance receipts Credit & debit card receipts & statements Customs declarations Delivery receipts Dispatch & assignment records Driver reports Dispatch & assignment records Driver reports Expense vouchers Freight bills Fuel billing statements Fuel receipts Gate receipts Data provided by global positioning & cellular systems Inspection reports

Invoices Interchange reports International Registration Program receipts International Fuel Tax Agreement receipts Lessor settlement sheets Lodging receipts Lumber receipts On-board computer reports Over/short & damage reports Overweight/oversize reports & citations Ports of entry receipts Telephone billing statements Toll receipts Traffic citations Transponder receipts Trip permits Trip reports Weight/scale tickets

 

Locate all parties responsible

In severe crashes, it may be prudent to search for entities partly or wholly responsible for the collision. For example, a company that loaded its goods into a trailer may be liable for damages caused by the negligent loading or configuring of the trailer if the contents shift and cause the vehicle to lose control or the contents fall on people unloading it.

Due to the complexity of the laws surrounding the specifics of accidents involving large trucks, require prompt action to secure the proper evidence. You should consult a qualified personal injury attorney immediately. Your rights are our priority at the Law Firm of Flora Templeton Stuart. Call our office now for a free consultation.

A motor carrier is required to maintain a driver qualification file for each driver it employs. The file must contain the following:

1. The driver's application for employment completed in accordance with 49 CFR 391.21.
2. Written responses from previous employers and state agencies contacted as per 49 CFR 391.23 involving investigations and inquiries of the driver's driving and employment record during the 3 years preceding the application for employment.
3. The certificate of driver's road test issued to the driver pursuant to 49 CFR 391.31(e) or a copy of the license or its equivalent accepted pursuant to 49 CFR 391.33.
4. Written responses from state agencies of every state in which the driver held a CDL in the previous 12 months to the motor carrier's annual driver record inquiry pursuant to 49 CFR 391.25(a).
5. A note naming the person who reviewed the driver's driving record and the date of the review pursuant to 49 CFR 391.25(c)(2).
6. A list or certification furnished to the motor carrier by the driver setting forth all traffic violations for which the driver was convicted or forfeited bond or collateral during the past 12 months pursuant to 49 CFR 391.27.
7. The medical examiner's certificate or a legible copy of the driver's physical qualifications to drive a commercial motor vehicle as required by 49 CFR 391.43(f).
8. Any letter of waiver of a physical qualification, if issued, pursuant to 49 CFR 391.49.