The majority of collisions involving large commercial trucks occur due to some type of negligent act or error by the truck driver. In such cases, the driver should be held accountable for their actions and liable for any losses suffered by injured victims. In order for this to occur, the victim must sufficiently demonstrate that the driver acted in a negligent manner.
Negligence can be proven by presenting evidence that is in accordance with the Florida Rules of Evidence.1 There are many types of evidence that can be used to prove driver negligence and the following are only a few examples.
Drug and alcohol tests
Even though driving a commercial vehicle while under the influence of drugs or alcohol is extremely dangerous, many truck accidents happen because of impaired driving. In such situations, the truck driver should be immediately tested for drugs or alcohol both for investigation by law enforcement and under regulations set out by the Federal Motor Carrier Safety Administration (FMCSA). These tests are important because positive results can serve as concrete evidence that a driver had unlawful substances in their system or a blood alcohol content (BAC) over the legal limit for truck drivers, which is 0.04 percent. Any subsequent conviction for DUI can be used as evidence of negligence, as well.
Logbooks and receipts for deliveries
The FMCSA also requires truck drivers to keep clear records of their drive time, rest breaks, and delivery schedule. These records are to ensure that a driver is in compliance with hours of service regulations and that they are risking fatigued driving or violating speed limits. Though logbooks can be helpful, many drivers who knowingly violate hours of service or drive at an excessive speed may attempt to falsify their record books to conceal the violations. In such cases, the delivery receipts can be analyzed by a professional who can identify any possible violations based on the deliveries made and distance traveled in a certain period of time. Interpreting driver and company records to show negligence can be complicated and the assistance of a professional is imperative when such evidence is at issue.
Technological devices
Commercial trucks have event data recorders, just like airplanes and other large vehicles. These devices record the speed of the truck, whether the brakes were engaged, and other important information regarding the activities of the truck driver. The data on these recorders can indicate if a driver was speeding or failed to brake for stopped traffic due to a distraction or a similar reason and this data can be very helpful as evidence in a truck accident case. If a truck had a camera installed, footage from the camera can serve as critical evidence to identify negligence on the part of the driver though not every truck has a camera at this point in time.
Testimony from experts and witnesses
In addition to physical evidence, testimony can be very important to prove your truck accident claim. Testimony can come from witnesses who saw the accident occur and can attest to the fact that the driver was texting, speeding, or engaged in some other type of negligent behavior. Accident reconstruction and trucking industry experts can also analyze the information regarding the accident can give their expert opinion on what caused the accident. Most cases use a combination of physical and testimonial evidence in order to fully prove your claims so that you can recover for your losses.
Call an experienced Clearwater truck accident attorney for a free consultation
Commercial truck accident cases can be extraordinarily complex, however, the highly skilled injury attorneys at the Dolman Law Group have the resources and knowledge to successfully handle truck cases. We have seen the devastation that a truck accident can cause for victims and are committed to protecting the interests and rights of anyone who has been injured. Truck accident victims are often entitled to a substantial amount of compensation and should never delay in consulting with an experienced lawyer in Clearwater as soon as possible. To learn more about how our qualified legal team can help you, please call 727-451-6900 for a free consultation today.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756
727-451-6900
800 North Belcher Road
Clearwater, FL 33756
727-451-6900
References:
1http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0090/0090ContentsIndex.html&StatuteYear=2015&Title=-%3E2015-%3EChapter%2090
2https://www.fmcsa.dot.gov/regulations/title49/section/382.303
2https://www.fmcsa.dot.gov/regulations/title49/section/382.303