Truck accidents are famously complicated since it is difficult to determine whether the truck driver or the trucking firm is financially responsible for the accident’s damages and casualties. It is vital to remember that truck drivers are not always at fault for truck accidents.
While you may want to file a personal injury lawsuit against a vehicle and its insurance company, there might be other reasons why the accident occurred. To learn more about this, you can check out High Stakes Injury Law.
When are truck drivers at fault for damages in truck accidents?
Truck drivers who are engaged in the course of their work when a truck accident happens are normally not financially responsible for damages unless they intentionally cause the accident. Even if the truck driver is at fault, the trucking firm is often held liable. However, there are scenarios in which a truck driver may be held financially accountable for damages caused by a truck collision. They include:
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The motorist made purposeful and careless decisions behind the wheel. For example, if the driver was reckless, overspeeding, or under the influence of alcohol or drugs, they may be held accountable.
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The driver of the truck is an independent contractor who must have insurance and is not considered an employee of the trucking firm.
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The truck driver is an operator or owner. Therefore, the driver and the trucking firm are practically the same person.
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The truck driver was utilizing the truck for personal reasons outside of work.
Regulations that truck drivers must follow
The Federal Motor Carrier Safety Administration establishes government rules to oversee both the trucking sector as a whole and individual truck driver obligations. While local governments have control over operators, FMCSA rules take precedence if local ordinances, statutes, or regulations fall short of the high federal standards. These are the portions of the FMCSA standards that truck drivers must follow when operating a CMV.
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Illness and fatigue
Truck drivers cannot operate a commercial motor vehicle if they are unwell or exhausted on the job. A driver must preserve the capacity to operate a vehicle while being aware. When a motorist becomes unwell or exhausted, he or she cannot choose to drive or be compelled to by a motor carrier.
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Alcohol and drugs
A truck driver cannot have consumed alcohol within four hours of going on duty. If there is a suspicion of alcohol usage, the driver’s appearance and actions provide supporting evidence. Truck drivers are prohibited from possessing or being under the influence of narcotics or other substances. Narcotics (or derivatives), amphetamines, and other drugs that interfere with the safe operation of a vehicle are severely forbidden.
These are just some of the regulations that a truck driver is obligated to follow, and breaking these may make the driver liable in case of an accident. In such a scenario, you should always get the help of an experienced insurance lawyer.
