Proving Negligence of a Truck Driver after an Accident

To prove the negligence of a truck driver, a Denver truck accident lawyer may use various forms of evidence to establish the cause of the accident. If a truck driver is found to be at fault for the truck accident, the company that employs the driver may also be liable.

Although truck accident cases tend to be more complicated than an average traffic accident, there is also the opportunity to obtain more evidence. This is because the trucking company may have documentation like driver logbooks or onboard recording devices. In addition, the trucking industry is federally regulated so liability might also be established when there is a violation of federal rules.

Types of Evidence to Prove Negligence & Liability of a Truck Driver

In almost any type of traffic accident, there are certain kinds of evidence that can help build a strong case.

The most common types of evidence are:

• photographs (of the accident scene and damaged vehicles);
• witness statements; and
• the police report.

But when an individual has been in a truck accident, there could be additional evidence available. For instance, the trucking company must have a driver qualification file.

The driver qualification file includes an assortment of information such as the:

• driver’s application;
• motor vehicle record;
• certificate of road test; and
• copy of license.

Numerous driving violations or not being properly certified may establish that a truck driver wasn’t qualified to operate the truck. Since trucking companies are regulated by the Federal Motor Carrier Safety Administration (FMCSA), there are requirements that must be met.

Violations of FMCSA rules might include:

• alcohol impairment;
• exceeding hours-of-service rules (driving beyond time allowed); and
• distracted driving (use of a mobile device for talking or texting).

Knowing how to prove negligence based on these violations will depend on the circumstances. A field sobriety test might indicate the driver was intoxicated.

A Denver truck accident lawyer may use data retrieved from an automatic onboard recording device to show how many hours the driver was behind the wheel. A police officer might issue a citation for texting while driving. These are just some examples of how negligence can be proven.

Common Types of Truck Driver Negligence

As mentioned, truck drivers are labeled as negligent when they are found to be impaired or distracted. But there are other types of negligence that could cause a truck accident. Failure to obey traffic laws, signs or signals, for example, could range from running a red light and speeding to failure to yield or use a turn signal.

Sometimes negligence stems from something wrong with the cargo, such as the transportation of an unbalanced or unsecured load or overloading the truck. In this case, a Denver truck accident lawyer may look into who was responsible for loading the truck.

Help Proving Negligence: Contact a Denver Truck Accident Lawyer

To prove negligence of a truck driver, it’s often a good idea to talk with a Denver truck accident lawyer. D.J. Banovitz can help victims of these accidents. An attorney can help determine liability, go over the legal options available and help decide which types of evidence can be used to prove negligence.