Commercial vehicle employers have several responsibilities they must meet to keep everyone on the road safe and to avoid being held responsible for the actions of their employees. If your commercial vehicle wreck attorney can identify that your employer has failed to meet one of these obligations, you may then be justified in pursuing legal action against the employer.
Hours of Service Regulations
Employers must make sure that their employees are not working over a set number of hours. Truck drivers are responsible for maintaining logs to make sure that they do not work an excessive number of hours. Employers must not pressure their employees to work longer hours than necessary.
Employers must make sure that their employees comply with all licensing regulations. They must also make sure that their employees do not have a criminal past or a past of driving violations. They must not commit any offenses that would disqualify them from having a commercial driver's license.
Employers are responsible for making sure that their trucks are properly maintained. For example, trucks must have their brakes properly maintained so their trucks are able to stop in time. The truck driver is responsible for reporting any concerns they have and the trucking company should use a mobile truck repair service when necessary.
Employers are responsible for making it clear that employees are not allowed to use their mobile devices while driving. Unfortunately, with some drivers on the road for a long period of time, they may choose to use their mobile devices when they should have their eyes on the road.
Seeking compensation from the commercial truck driver is often the most viable way to receive compensation for your injuries. While you may want to hold the driver responsible, your commercial wreck attorney may or may not advise you against this.
Regardless of the circumstances of the case, you may find it difficult to win a commercial wreck case without the help of an attorney. Oftentimes, the insurer will offer a settlement amount that is much lower than what your case is worth. You may even have your claim denied. The employer may seek to destroy evidence such as the black box. However, a commercial wreck attorney will know all of the tricks that a defendant may use and will have strategies that will allow you to counter them and win your case.Share