Dolman Law Group is an award winning Clearwater car accident and personal injury law firm. Matthew Dolman has been selected as a Florida Super Lawyers in 2013, 2014 and 2015 by his colleagues. Mr. Dolman has been nominated as a top 100 trial attorney and top 40 under 40 by National Trial Lawyers. He is a lifetime member of both the Million Dollar and Multi-Million Dollar Advocacy Forum.
Wednesday, November 4, 2015
Ways To Prove Truck Driver Negligence
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.
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
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.
and receipts for deliveries
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.
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.
from experts and witnesses
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.
experienced Clearwater truck accident attorney for a free consultation
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
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756