Truck drivers often travel long distances over a course of several hours, resulting in fatigue. As such, driver fatigue is a significant safety concern. The Federal Motor Carrier Safety Administration (FMCSA) regulates how long commercial truck drivers may remain behind the wheel before taking a mandatory break—known as Hours-of-Service (HOS)—which is found in 49 C.F.R. […]
Many truck accidents begin with the driver. A collision occurs, investigators examine the accident, including the driver’s conduct, and then litigation turns to the decisions made leading up to the impact. In some cases, however, a different theory is pursued. Rather than treating the crash as the product of an individual mistake, the plaintiff may […]
Once a truck accident occurs, investigators immediately begin examining trucking data to determine whether the company complied with the Federal Motor Carrier Safety Regulations (FMCSRs). Driver qualification files are requested. Hours-of-service logs are scrutinized. Yet, that is only the beginning of the analysis. A trucking company may accrue a number of FMCSA violations without causing […]
Catastrophic truck accident litigation rarely involves a single act of negligence. While a commercial truck driver may have exceeded their hours-of-service limits or failed to inspect the brakes, the plaintiff may also have been speeding or distracted. In court, both parties may argue that the other’s conduct was the true cause of the collision, but […]
In many truck accidents, plaintiffs often seek compensation for injuries caused by negligence. However, the plaintiff cannot simply make the demand, they must prove that the defendant failed to exercise care and that the failure caused compensable harm. Occasionally, evidence may suggest that the accident was not an isolated event but the result of conscious […]