An important part of a trucking accident claim is proving that the truck driver was at fault for the accident. The condition of the driver at the time of your accident will likely play a major role in whether you are able to successfully receive compensation for your claim. If you were injured in a commercial trucking accident, here is what you need to know:
Why Does the Driver's Condition Matter?
In many instances, it is not the truck or the weather or road conditions that cause a commercial trucking accident. The condition of the driver is usually at fault. Drivers are expected to work long hours and drive great distances. The expectations of trucking companies can sometimes lead to dangerous accidents.
One of the biggest factors in a driver error-related accident is fatigue. Although trucking companies must limit the amount of time that drivers are on the road, sometimes drivers still do not receive the amount of sleep needed to safely navigate the roadways.
Drug use can also lead to an accident. Regardless of whether the usage was illegal or legal, drivers must still be in good physical and mental condition to drive. Trucking companies are required by state and federal regulations to ensure that their employees are drug-free. Regular and random testing is a requirement. Some companies fail to fulfill this obligation.
How Do You Prove Your Case?
Following an accident, you need to hire an attorney experienced in trucking accidents as soon as possible. There are several steps that need to be taken to preserve evidence and delaying the request for the evidence could give the trucking company time to make changes to the documentation.
For instance, trucking companies are required to keep documentation of how often drivers are scheduled to drive and how far they drove during their work period. The trucking company could make changes to the records to hide the fact that a driver worked longer than he or she legally could.
You also need truck accident lawyers to ensure the driver of the trucking company is drug tested. If you wait too long to request testing, the drugs might not be detectable. Once the testing is done, your attorney can obtain a copy of the records and use it to build the case, if necessary.
Trucking accidents can be life-changing. To give you the compensation you need to make it through the recovery process, find legal help immediately after the accident.