Establishing Fault Through “Negligence Per Se”
When the results of a truck accident investigation indicate that the truck driver violated safety rules, it can be used to legally establish fault under the negligence per se doctrine.
This is considered an automatic breach of the duty of care. That is why it is so important to align the way the accident happened in accordance with federal regulations.
Mandatory Electronic Logging Device (ELD) Data
Unlike the average driver, a truck driver has to log every hour they spend behind the wheel or in their rig.
That information is collected by an Electronic Logging Device (ELD), and can act as crucial evidence, providing an unalterable timeline of the hours driven and the rest periods taken. It can also document the exact speed and braking habits that were happening just prior to the crash.
Stricter Maintenance and Hiring Standards
In addition to the federal regulations that require trucking companies to maintain rigorous maintenance documentation, they also require trucking companies to use strict driver qualification factors. If it can be demonstrated that a trucking company hired an unqualified or poorly trained driver, the company may be liable for the accident.
The same can be said if that company ignored overdue mechanical repairs, such as faulty brakes or worn tires.
The attorneys at Thomas Law Office have extensive knowledge of all the applicable state and federal regulations. That puts us in the strongest position to support our clients and help them prevail in these types of claims.