Trucking companies and truck drivers are subject to complicated federal and state laws and regulations. An experienced Valley Hill truck accident attorney can evaluate how the laws apply to a victim's case. The Law Office of Shane Smith can help preserve essential evidence and help victims receive compensation from the truck driver, the trucking company and/or their insurance carriers.
The federal Department of Transportation (DOT) recently revoked a driver's commercial license after he struck a state trooper by the side of the road in another state. The DOT revoked the license after it found that the driver was "an imminent hazard" as a result of a medical condition that causes him to lose consciousness.
The most shocking aspect of the story is that the driver continued driving a tractor trailer after the incident despite admitting to the involved trooper that he had the medical condition that causes unconsciousness. The trucking company shunned any responsibility and claimed that the driver had a card indicating that he was medically fit to operate a commercial truck.
It is not surprising that the trucking company asserted that it is not liable for the driver's actions. However, by admitting that it knew about the driver's medical clearance it effectively admits knowledge of the medical condition. The trucking company knew about the medical condition that is susceptible to unconsciousness and still permitted the driver to operate a tractor trailer.
Trucking companies are only required to keep specific records about cabs, trailers and drivers for limited amounts of time. An attorney can put a trucking company on notice that it must preserve evidence related to the accident because an accident victim has a claim against the company. The accident-related evidence may subsequently be requested by the victim's attorney.
Preserved evidence may be used to prove that a trucking company or the truck driver in the accident did not follow federal mandates about resting times. Paperwork may indicate that a trucking company neglected warning signs about hazardous cab or trailer conditions.
If you or someone you know has been hurt in a truck accident, meet with a Valley Hill truck accident lawyer at the Law Offices of Shane Smith.