Trucking companies and truck drivers are subject to complicated federal and state laws and regulations. An experienced Lake Harbin 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.
Georgia statutes and federal regulations require trucking companies with interstate trucking businesses to conduct a pre-employment background check for all drivers. Trucking companies are required to ensure that unsafe drivers and those with substance abuse problems do not drive tractor-trailers on state highways.
A trucker's driving record is critical evidence in imposing liability upon a trucking company or its insurers. A trucking company must obtain an applicant's DMV report for purposes of any moving violations during the prior three years. In a commercial truck accident lawsuit, an experienced Lake Harbin truck accident attorney will bring a claim for negligent entrustment, hiring, or retention against the trucking company. The claim asserts that the trucking company was negligent in hiring the driver based on his background information. A trucking company may be liable for a driver's accident if a driver's background check should have indicated that he was unfit for hire. A Lake Harbin truck accident lawyer can obtain all the necessary evidence following a truck accident.
Trucking companies are only required to keep specific records about cabs, trailers, and drivers for limited amount 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.