Trucking Accident Lawsuits: How To Protect Your Company
By Space Coast Daily // March 14, 2022
Trucking accidents can be significantly bigger than crashes involving normal vehicles, perhaps due to truck size and the weight of heavy loads. As a result, injuries suffered are more likely to be catastrophic, resulting in costly lawsuits.
In most cases, trucking lawsuits often have a big financial impact on a company and can even push you out of business. Due to the trucking industry’s nature, eliminating the possibility of an accident may not be possible.
But there is some good news. Doing things right can help you protect your trucking company.
Evidence Can Help Build Your Case
While trucking companies wait and hope that state and federal governments will create favorable laws to protect their rights, they can do something to lower their liability. For a start, it is important to arm yourself with evidence in the event of an accident. One of your most reliable pieces of evidence in the event of an accident will be the electronic logging device ELD device. However, this device may not be very effective in documenting the events leading to an accident.
Therefore, you may want to install front and rear cameras. Cameras document every minute of a driver’s journey and can be very helpful in determining fault. Evidence should not be limited to ELD devices and cameras. The driver can collect every piece of evidence at the accident scene, which can help your attorney get material to work with when building your defense.
Your Fleet’s Maintenance Schedule Must Be Up To Date
While most truck accidents claims are based on a driver’s negligence, some may result from truck malfunction. After an accident, the complainant’s lawyer will ask to have the inspection and maintenance records of the truck involved in an accident.
If the truck’s maintenance records are not up to date, it can be an indicator of a truck malfunction and negligence on the company’s part, which can increase the cost of the lawsuit. That is why it is always a good idea to ensure that your fleet’s maintenance is up to date.
Compliance With The Law
State and federal laws require drivers to keep a log of their schedule. The log entries should indicate the number of hours the driver has worked or rested. The ELD device helps give correct log entries to ensure that the driver does not falsify their log entries. While the driver may drive for more hours than they are supposed to without an issue, it can become a big problem in the event of an accident.
“Companies may be held liable for trucking accidents caused by drivers overextending their hours,” explains Ohio personal injury attorney Charles E. Boyk.
It is essential to keep a close watch on your drivers and ensure that they comply with all set laws to help reduce liability. Accidents that happen when the driver is non-compliant with the law always lead to increased liability. Additionally, you may want to ensure that you carry the right insurance cover, which can cushion you financially when an accident occurs.