Long-haul trucking can be lonely work. Many drivers bring along a spouse, a friend, or a relative to share the miles. After a crash on I-85 near Newnan, though, a truck cab passenger can suddenly matter a great deal. That rider may have seen exactly what the driver was doing before impact. Their presence may also reveal how closely the trucking company follows federal safety rules. This article explains why, and why a lawyer should look into it quickly.
What Federal Rules Say About a Truck Cab Passenger
Federal safety rules bar truck drivers from carrying riders without written permission from the trucking company. That authorization must name the passenger, state where the trip begins and ends, and list the date the permission expires.
Some people need no written approval. For example, the rule exempts employees the carrier assigns to the truck and people helped during an emergency. It also exempts certain farm vehicles.
Consequently, an unauthorized rider points to a bigger question. If the company allowed riders without paperwork, what other rules did it overlook?
Speak with a Charlotte car accident lawyer and get a free consultation today.
Call (980) 246-2656Does a Passenger Distract a Truck Driver?
Many people assume a talkative passenger makes a truck driver dangerous. Federal research suggests the picture is more complicated. A major FMCSA study tracked commercial drivers over roughly three million miles. In that study, talking with other occupants was not linked to higher risk of safety-critical events.
The tasks that pulled drivers’ eyes off the road told a different story. Texting carried by far the highest risk in that study. Using a dispatch device, writing, reading, and reaching for objects also raised the odds of dangerous events.
So the rider usually is not the distraction. However, the rider may know whether the driver was texting, typing, or looking away.
Why a Rider Can Matter to Your Crash Claim
A passenger in the cab is often the only other eyewitness inside the truck. That person may know whether the driver was on a phone, using a dispatch screen, or nodding off. Their account can confirm or contradict the driver’s story.
Additionally, the authorization paperwork, or the lack of it, can show how the company supervises its drivers. Since 2020, Georgia law has allowed victims to pursue a trucking company for its own negligence, even when it admits the driver was on the job. That includes negligent supervision of its drivers.
Who Is Responsible After a Distracted Truck Crash?
Several parties may share the blame. The driver answers for his or her own conduct behind the wheel. Meanwhile, the trucking company generally answers for its driver’s actions on the job. The company may also face separate claims for failing to enforce safety rules, including rules about riders and phone use.
Federal rules separately ban truck drivers from texting or holding a phone while driving. Notably, the carrier may not allow or require those practices either.
Why Evidence Disappears After a Truck Crash
Proving what happened inside the cab takes fast action. Phone records can show calls, texts, and data use at the moment of impact. Electronic logging devices place the truck at a specific time and location. Dash camera footage can capture the driver’s hands and eyes.
Unfortunately, no federal rule requires carriers to keep dash camera footage, and many overwrite it within weeks. A rider’s memory also fades, and that person may be hard to locate later. For these reasons, your lawyer should send a preservation demand right away.
Talk to a Coweta County Truck Accident Lawyer
A crash with a commercial truck can leave you with serious injuries and many unanswered questions. You deserve to know what really happened inside that cab. At Shane Smith Law, our team tracks down witnesses, records, and data before they disappear. Call 980-982-2329 today for a free consultation with a Coweta County truck accident lawyer.
