My Love Of The Law

Truck Driver Regulation Violations That Can Help You Win Your Accident Case

by Alan Medina

Truck drivers are under many state and federal regulations that control how a truck driver can operate his or her vehicle. If you have evidence that the truck driver was in violation of a regulation, you can increase the chances that you will not be found at fault after a truck accident.

Hours Of Service Violations

The most common type of violation used to demonstrate that the truck driver was at fault is the hours of service violation. Truck drivers are required to not drive for longer than a maximum number of hours. If the driver exceeds these hours, he or she will be considered too fatigued to be a safe driver. If your truck accident attorney can determine how many hours the truck driver was working, he or she can use this as evidence that the driver was violating regulations and is therefore at fault for the accident. Truck drivers are required to keep log books that document the number of hours that the driver travels, the date that the driver picked up the cargo, the destination and the date of delivery. These details can be used to determine whether the driver has been driving the permissible number of hours.

The Violation Of Extreme Caution Laws

Federal extreme caution laws that require that truck drivers reduce their speeds to a crawl under icy conditions. If you were the victim of a truck accident while under icy conditions because a truck driver was driving too fast, this factor can be used to argue that the truck driver was responsible for the accident.

The Lack Of A CDL License

If it is discovered that the truck driver does not have a CDL license, this is another reason to hold the driver liable for the accident. To obtain a CDL license, the driver must demonstrate the ability to safely park, back up and maneuver. If a driver does not have this license, it isn't expected that the driver will know how to safely operate the truck.

Failure To Inspect Truck At Regular Intervals

The truck needs to be inspected at regular intervals to verify that the truck is safe to operate. These inspections are used to determine if the cargo is in place and is properly distributed. The checks are also necessary to ensure that the truck is in good condition and does not need to be serviced before continuing on its way. Contact a law office, such as Scherline And Associates, for more information.