Many people injured in an accident involving a commercial truck firmly believe the truck driver was at fault, but don’t know how to prove it. Burmeister Law does know how to prove truck driver negligence.
Commercial trucking companies and their professional drivers, along with their insurance carriers, commonly avoid admitting fault for a collision and will even go so far as to clear a scene of recording devices that could prove their driver’s fault. It’s often challenging for the typical person to obtain the required records and evidence to prove negligence. This is why it’s imperative that you obtain representation from an attorney experienced in proving truck driver negligence immediately.
Kathryn Burmeister of Burmeister Law has the experience and proven track record you need. She has extensive resources and knowledge for conducting an independent investigation and an analysis of the evidence collected. Her in-depth discovery process will allow her to identify the cause of the accident and all possible responsible parties.
How Burmeister Law Will Prove Truck Driver Negligence
Most often, cases involving commercial trucking accidents are settled out of court, but sometimes cases go to trial. In these situations, the injured person must prove their claim using irrefutable evidence. Proving driver negligence requires the presence of four basic components:
- Duty of care. Commercial truck drivers have a duty to drive in a safe and reasonable way.
- Breach of duty. The driver did not operate his truck in a safe and reasonable way.
- Causation. The driver’s breach of duty of care resulted in the accident and caused injuries to the victim.
- Damages. The injuries resulted in financial and non-financial expenses (damages).
If Kathryn Burmeister’s independent investigation uncovers evidence proving these four components, she will fight for compensation for lost income, medical expenses, pain, and suffering, as well as other damages.
Types of Commercial Truck Driver Negligence
When a truck driver causes an accident that injures another, due to his violation of the expected duty of care, he is considered negligent. Some, but not all, of the most common violations of the expected duty of care include:
- Driving while under the influence. Driving while intoxicated with alcohol or under the influence of drugs is illegal for all drivers, but professional truckers face even stricter limits. A police officer will arrest people driving typical passenger vehicles if they have a blood alcohol concentration (BAC) of 0.08. Commercial truck drivers, however, are considered drunk with a BAC of 0.04.
- Hours of service violations. Trucking regulations strictly limit the number of hours they can operate their big-rigs or semis without a break to rest. Sometimes drivers purposely push past these limits so they can deliver their cargo in less time. Some drivers and commercial trucking companies may try to edit of destroy driving logs if they know the driver violated hours of service limits.
- Speeding. Because of their size and weight, 18-wheelers and other big trucks cannot stop as quickly as personal cars and trucks. If a truck driver exceeds speed limits, he is more likely to lose control if sudden braking or stopping becomes necessary.
- Reckless or aggressive driving. Reckless driving occurs when truckers weave in and out of traffic, or drive in other dangerous ways like changing lanes improperly. Road rage leads to aggressive driving, which may cause the driver to use unnecessarily dangerous maneuvers. This irresponsible lack of self- control often leads to accidents.
- Distracted driving. Federal trucking regulations prohibit the use of cell phones or other mobile devices by commercial truck drivers. Sending and reading text messages and talking on cell phones represents a common cause of many accidents and truckers must especially avoid this temptation.
- Failure to properly maintain or inspect truck. Commercial drivers must regularly inspect and perform necessary routine maintenance on their trucks before getting on the road. Burmeister Law will determine if the accident occurred because of a mechanical issue that a pre-trip inspection would have caught.
- Typical traffic violations. Truck drivers who do things like run stop signs or traffic lights can also be found negligent in the event of an accident.
- Improper licensing or training. Federal regulations for commercial truckers require they obtain and maintain a special commercial driving license. To receive this license, they must undergo specific training. An experienced truck accident lawyer will know how to discover if the trucker has valid commercial licensing and adequate training.
Often, it’s difficult to get access to evidence proving one or more of these examples of negligence. Experienced truck accident attorney Kathryn Burmeister has what it takes to get to all of the facts. As your advocate and legal representative, she will tirelessly fight for your right to receive the compensation you need to recover and restore your life.
Originally posted 2019-01-15 10:12:56.