Holding Truck Drivers And Shipping Businesses Liable For Accidents

It is vital all truck drivers maintain a clear focus, free of distractions and intoxication. Trucks can cause fatal accidents and serious injuries when they collide with other vehicles because their size and weight create an immense amount of physical force.

At Crandall & Pera Law, our skilled Ohio and Kentucky lawyers understand exactly why safety must come first and foremost on the road. Injured victims who survive these horrible trucking accidents often suffer permanent, life-altering injuries. Many victims need a lifetime of care. Our firm works to help clients obtain the compensation needed to recover all related expenses.

Types Of Truck Driver Distraction

If a truck operator takes his or her eyes off the road for even a few seconds, disaster may strike. Sadly, truck drivers may face temptation to take their eyes off the road, particularly after driving alone for long distances. Modern technology also increases the ways drivers can be distracted, but distracted driving is not just limited to texting or dialing.

Any of the following acts can cause a driver to take his or her eyes off the road, increasing the likelihood of an accident significantly:

  • Texting or talking on the phone
  • Looking at a GPS system or reading maps
  • Drinking or eating
  • Changing the radio station
  • Watching a video
  • Smoking or lighting a cigarette

The law prohibits texting while driving. Texting includes entering information or reading information from any electronic device. Our personal injury lawyers use evidence of texting while driving when possible to show the driver and their employer were negligent – or worse – and should pay punitive damages.

Why Does Commercial Driver Fatigue Happen?

The risks associated with driver fatigue are severe. Drivers who need sleep fail to pay attention to the road, have slow reaction times, do not have control of their vehicles, disobey traffic laws and commit other driver error that can easily cause deadly accidents.

Commercial drivers are especially prone to driving while tired because they drive long hours often across state lines. They are under deadlines to get their shipment to the loading dock by a specific date and time. There are many financial reasons why drivers fail to stop and get the rest they need.

Safety must always come first. We investigate why the accident happened, whether any federal or local laws were violated and who can be held liable. We review the driving logs to see when the driver began his/her shift, how long the truck was being operated, whether any breaks were taken, the exact hours of operation and the route the truck driver took.

Our firm investigates who owned the truck, what deadlines were in place, which companies were parties to any shipping contracts and other relevant criteria. Often, we can hold a business liable as well as the driver. This helps in our ability to collect damages when a jury verdict is made or a settlement is reached.

Rules For Commercial Driving While Intoxicated

The federal and state standards for legal blood alcohol concentration (BAC) levels of truck drivers are more severe than for passenger licenses. For passenger drivers, the legal maximum BAC is .08. For commercial drivers it is half that – just .04. Additionally, the Federal Motor Carrier Safety Administration requires that all commercial drivers refrain from driving for four hours after having just one alcoholic drink.

At Crandall & Pera Law, our lawyers work with law enforcement to help prove a truck driver was operating his or her vehicle while intoxicated. We use the fact of drunk driving and convictions of drunk driving to show fault.

Speak With An Experienced Truck Accident Attorney Today

Every driver, especially a commercial truck driver, knows that their No. 1 duty is to keep their focus on the road at all times. Our accident lawyers investigate which errors took place to hold the wrongdoers accountable.

To review your case in Lexington, Chagrin Falls, Cincinnati, Cleveland, Chesterfield or Columbus – please phone 855-444-6651 or fill out our contact form to schedule a free consultation with one of our lawyers.