If a truck driver’s reckless behavior caused or contributed to the injuries you suffered in an accident, holding them liable is crucial for recovering the compensation you deserve. Some of the reckless behavior that truck drivers engage in includes hours of service violations, speeding, distracted driving, and driving under the influence.
An experienced truck accident lawyer can assist you in holding drivers liable for the harm they caused with their reckless actions. Lawyers do this by using their understanding of local, state, and federal laws and collecting vital evidence demonstrating the driver’s wrongdoing.
Hours of Service Violations
Fatigued driving is a significant concern for large truck drivers. These drivers often have to travel long distances on barren stretches of road, which can lead to drivers nodding off behind the wheel or simply experiencing a reduction in their reaction time.
The Federal Motor Carrier Safety Administration (FMCSA) recognizes the dangers of fatigued driving and combats this dangerous practice with a set of hours of service regulations. These regulations limit how long a trucker can be on the road without a break.
If fatigued driving contributed to the accident that caused your injuries, your attorney may be able to prove that the trucker violated these federal laws by using the entries in the trucker’s logbook. Truck logbooks must contain information about how long the driver was on the road, how far they traveled, and when their last off-duty break was.
Speeding
Speeding drastically increases the chances of an accident, especially for large trucks. Because of their weight, large trucks require significantly more distance to stop than a passenger vehicle, and speeding only increases that distance. Additionally, speeding on turns can contribute to rollover accidents.
If a truck speeds in an area with traffic cameras, it can be easy to calculate how fast they were going based on the video. However, even if a truck speeds on an open stretch of highway, the computer systems within the truck or the GPS used by the truck can track its speed. Lawyers can request this data during the discovery phase of a lawsuit.
Distracted Driving
Proving that a truck driver was distracted can be a bit more challenging. However, if they’re distracted by their cell phone, lawyers may be able to request call, text message, and data usage records showing the driver was using their phone at the time of the accident.
Your attorney may also be able to use indirect evidence of distracted driving. This includes eyewitness statements about the driver being distracted.
Driving Under the Influence
Driving under the influence (DUI) is a serious offense, especially when committed by a commercial driver. A DUI offense can result in a driver permanently losing their commercial driver’s license (CDL), which shows how serious the government is about keeping large trucks out of the hands of dangerous drivers.
In North Dakota, the blood alcohol concentration (BAC) limit for most drivers is 0.08 percent. However, the limit for CDL holders is only 0.04 percent. If police perform a blood test on the driver who caused your injuries after a truck accident and their BAC was above this limit, your attorney may be able to use that test result as evidence of their reckless behavior.
Additionally, even if the trucker doesn’t have a BAC of 0.04 percent or higher, police could still arrest them for DUI if they’re visibly impaired. If this happens, your lawyer may be able to get the police to testify as an eyewitness.
Contact Our North Dakota Truck Accident Lawyer
Did you suffer an injury in a truck accident caused by the trucker’s negligent or reckless behavior? Contact Pringle & Herigstad, P.C., for a consultation with an experienced truck accident lawyer about your case.
