You can prove that the trucking company was negligent if you can establish that the trucking company breached its duty of care and that breach resulted in the accident and your injuries. Driver logs, maintenance records, inspection reports, electronic data, witness statements, and police reports can all be used to demonstrate the trucking company’s negligence. A truck accident lawyer in Winter Park can help you identify responsible parties and protect valuable evidence.
1. Establish That the Trucking Company Had a Duty of Care
Trucking companies have the legal obligation to provide their services in a safe manner and adhere to state and federal transportation laws. They are responsible for recruiting the right drivers, keeping commercial trucks in top condition, tracking driving schedules, and providing the training they need.
By neglecting such duties, the company might be labeled as negligent. For instance, the failure to properly screen a driver with a record of safety violations would raise a negligence issue.
2. Collect Evidence of Driver and Company Negligence
When hiring a truck accident lawyer in Winter Park, you will want to have strong evidence. Among the documents that you may use to confirm what happened before, during, and after the crash.
Important evidence includes:
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Driver logs
Hours-of-service records can indicate if a driver was driving for longer than the legal limit.
The truck company may have ignored required inspections or repairs.
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Electronic information records
It can be used to determine the hours driven and whether regulations were followed.
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Black box data
Event data recorder information could show up to the second vehicle speed, braking, etc. before an impact.
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Police reports
Accident reports can record the road conditions, statements, injuries, and findings.
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Witness account
Independent witnesses may be able to provide more information on what caused the accident.
A Winter Park personal injury lawyer will be able to gather and review evidence.
3. Identify Violations of Trucking Regulations
Safety regulations are determined by the FMCSA for commercial motor carriers and drivers. Violations of these regulations could be used as an example of negligence.
Common violations include
- Exceeding hours-of-service limits
- Failing to conduct required vehicle inspections
- Driving a truck with brakes or tires that are broken
- Hiring inadequately qualified drivers
- Not keeping proper driver qualification records
- Neglecting drug and alcohol testing requirements
A violation of a regulation alone does not prove that the individual or company is liable. However, it can serve as significant evidence if the violation is related to the accident circumstances.
4. Prove Negligent Hiring, Training, or Supervision
A trucking company could also be liable for more than just the conduct of the driver. A trucking business can also be legally liable for an accident that was caused by its hiring and training practices, or lack thereof.
For instance, a company might be unaware that a driver has had their commercial driving licence suspended, may not have a driver’s history of safety violations, or have provided insufficient commercial vehicle driver training.
Looking at employment records, training records, driver qualification files, and safety policies can prove the company did not do what it was supposed to do.
5. Connect the Negligence to Your Injuries
It’s not enough to just prove the trucking company was negligent. You also have to show that the company’s actions and negligence led to or contributed to the accident.
Medical records, documents showing hospital expenses, diagnostic imaging, photographs, and the testimonies of medical experts can also be used to establish a causal link between the collision and your injuries.
Documents relating to your wages lost, rehabilitation expenses, future medical requirements, and other accident-related financial losses should also be kept.
6. Work With an Experienced Truck Accident Lawyer
Commercial truck accident claims have many parties involved: drivers, trucking companies, vehicle owners, maintenance contractors, and insurance companies.
A knowledgeable truck accident lawyer in Winter Park can also look into the accident, demand company records, hire accident reconstruction experts, and look for defendants who could be to blame.
In addition to determining damages, a personal injury lawyer in Winter Park from Abercrombie P.A. can negotiate with insurance companies and file a lawsuit if a reasonable settlement cannot be achieved.
Timely action is necessary because the evidence may become unavailable and, in most cases, Florida has two years for filing negligence claims after March 24, 2023, with some exceptions.
Conclusion
Show that the trucking company’s negligence was a cause of your injuries and collect evidence. The key to establishing fault lies in bringing evidence to light. Your drivers, maintenance documents, electronic data, and medical reports are all sources of evidence that your lawyer and law enforcement can help you maintain. Contact a personal injury lawyer sooner rather than later to preserve your evidence and the evidence of your case.