Were You Injured Because Of Someone Else's Negligence? Browse Our FAQs

In most instances, yes, you can sue the truck company for an accident caused by a poorly trained driver. This is because under Washington State and federal law, carriers have a legal duty to only put capable, safe drivers on the road.

Ensuring their drivers are properly trained to operate a commercial truck and fit for the rigors of driving is part of a trucking company’s responsibilities. When its drivers’ training is subpar, victims can hold the company accountable for any resulting harm they sustain.

What training must truck drivers have?

The Federal Motor Carrier Safety Administration (FMCSA) sets forth the rules and requirements for the trucking industry. This includes certain criteria that carriers must ensure their drivers meet.

Some of the training requirements truck companies must ensure its drivers have to lawfully operate a semi-truck on the road include:

• Commercial driver’s license (CDL): The company must ensure the driver has obtained his CDL from an instructional program that meets FMCSA standards to demonstrate proficiency in field knowledge and behind-the-wheel training on a driving range and on a public road. If the driver plans to haul multiple trailers, tanks, passengers, or hazardous materials, he must have the appropriate endorsements with his CDL and meet the appropriate safety requirements.
• Background check: Carriers must perform a background check on their drivers during the application process to obtain information such as details about previous employment and the applicant’s driving record in every state he has been licensed in.
• Technical skills: Carriers must make sure their drivers demonstrate the technical skills necessary to safely operate a commercial truck, e.g., maneuvering and braking techniques, proper securement, knowledge of FMCSA hours of service limits, how to spot mechanical issues, and how and when to perform safety checks.
• Medical clearance: Carriers must also ensure their drivers meet minimum health standards. Drivers must undergo a physical exam, pass a hearing and vision test, and be free from health and mental conditions that could interfere with driving such as epilepsy or alcoholism.

How can inadequate training contribute to truck accidents?

Truck drivers must have sufficient knowledge, skills, and practice to safely operate a large truck weighing up to 80,000 pounds. When they do not meet basic training standards, drivers may make errors that can wind up causing devastating accidents, such as:

• Improperly securing their loads
• Driving too fast for conditions
• Overcompensating
• Taking a corner or descent too fast
• Failing to perform a thorough enough safety check on their truck

How do I prove a poorly trained truck driver caused the accident?

Proving a poorly trained truck driver caused your accident will take considerable investigation. Our truck accident attorney at Max Meyers Law, PLLC can help.

We can take the necessary legal steps to obtain a copy of the truck driver’s employee file, driving record, and criminal record. We will scour the records for deficiencies in training, poor performance, or conduct reports, and any other information that could indicate inadequacy. We can also collect other evidence that may be useful to prove negligence such as the driver’s log book and truck maintenance records.

Unfortunately, even though the FMCSA requires carriers to keep information on file about their drivers and fleet for a certain period of time, carriers tend to “lose” or “accidentally destroy” records when they are facing a liability lawsuit. Acting swiftly can prevent the destruction of evidence you need to prove your truck accident claim.

Our team at Max Meyers Law, PLLC can send what is called a spoliation letter to the carrier that reminds it of its legal duty to preserve certain documents and of the penalties for altering or falsifying records, and requests it provide us with the files we need for your case. Time is of the essence when it comes to the preservation of evidence.

Contact a truck accident lawyer in Kirkland at Max Meyers Law, PLLC to discuss your case for free today: 425-399-7000.

Defective brakes can cause deadly crashes, especially when those brakes are defective on large trucks. While Washington State law allows accident victims to recover compensation for any injuries they sustain at the hands of another party, determining who is at-fault for a defective brake crash can be difficult. We can help.

Who is responsible when defective brakes cause a truck crash?

The answer is not always easy to determine. Many different people can be responsible for the safe condition of truck brakes. If any of those parties fail in their duty, they can be responsible for a truck crash and any resulting injuries. The following parties can all be liable:

Brake Manufacturer

This is likely your first option. If a manufacturer of a product makes a defective product, the manufacturer is liable for any injuries that occur.

Taking on a manufacturer is quite a challenge though. Manufacturers have teams of lawyers who will try to wear down anyone who is trying to hold them responsible for their negligence. You need a tough, aggressive lawyer on your side, one who will stand up to the manufacturers and demand that they pay for the harm they caused.

Because holding a manufacturer liable is so difficult, you do not need to prove negligence. Instead, you need to prove the following:

• The manufacturer created an unreasonably dangerous product.
• The product injured you or someone else while you were using it in a way the manufacturer could have foreseen.
• The product was not changed substantially after being received.

Truck Driver

Truck drivers must perform a daily safety check on their trucks, and write a report of all problems found. There are two ways in which a truck driver can be liable for defective brakes based upon the duty to inspect:

• If the truck driver failed to perform the required safety inspection of the vehicle or did an incomplete or inept inspection; and
• If the truck driver did an inspection but failed to report defective brakes on his report.

However, even if the truck driver is responsible, the liable party will be the trucking company under the laws of vicarious liability. Vicarious liability holds employers liable for their employees’ actions so long as the employees acted in the scope of their employment.

Trucking Company

In addition to being vicariously liable for their drivers’ actions, trucking companies can also be directly liable if they do not inspect their trucks regularly or if they failed to repair defective or worn brakes.

Truck Maintenance/Repair Company

Many trucking companies hire other companies to perform needed repairs and to do the necessary maintenance to ensure safety on the roads. If the maintenance/repair company did not do its job correctly, it will be liable. A truck maintenance and repair company could be liable if it forgot to check the brakes during regular maintenance.

A truck maintenance/repair company can also be liable if it was negligent in performing required service on the brakes, or if it incorrectly installed the brakes. If the brakes failed and caused a collision, the maintenance company will be liable for any injuries that occurred.

How can I get help?

If you have been injured in an accident caused by defective truck brakes, you have an uphill battle. Holding a trucking company or manufacturer liable alone can be almost impossible.

You need a lawyer on your side who will take on the trucking company, the maintenance/repair company, the manufacturer, and anyone else who may be at fault in the accident.

The truck accident legal team at Max Meyers Law will fight to get you the compensation you deserve. We will determine what evidence you need, send spoliation letters when necessary, gather all the necessary evidence, and negotiate with the at-fault parties to recover the compensation you need. And we do this without charging a fee until you win. Call us today at 425-399-7000 for your free consultation.

According to a survey by the National Highway Traffic Safety Administration (NHTSA), tire problems are the “critical reason” for 35 percent of all crashes in resulting from vehicle issues. Tire blowouts are common and can cause severe accidents. This is especially true when a large truck causes a tire blowout accident. Victims can recover compensation for their injuries, but determining who is liable can be difficult.

Who is responsible for a crash caused by a truck tire blowout?

 

Quite a few parties might be responsible for a truck tire blowout accident:

Truck Driver

The truck driver can be responsible for an accident involving a truck tire blowout if s/he was behaving negligently (e.g., was distracted and did not see debris in the roadway), failed to check the tires before a trip, or ignored a bald tire during an inspection.

Even if the truck driver is responsible for the accident, s/he will not be responsible for paying for your injuries. Instead, the trucking company will be liable under respondeat superior, or vicarious liability. This rule holds employers responsible for any actions their employees take within the scope of their employment.

Trucking Company

In addition to being vicariously liable, the trucking company can also be directly liable for an accident. The trucking company has a responsibility to do as many safety checks as are necessary to always maintain their trucks in safe condition. If the trucking company could have detected the problem with the tire during a safety check, but did not conduct one, the trucking company can be liable.

Trucking companies can also be liable if they hire untrained drivers or those who do not observe safe driving practices. If a driver has a history of unsafe driving behavior, such as reckless driving or failure to observe prudent safety practices, and the trucking company does not perform a background check that would have uncovered this history, it can be liable.

Trucking companies can also be liable if they fail to establish safety protocols, train their drivers, or take corrective action when drivers exhibit unsafe behaviors if these failures contributed to the truck tire blowout.

Truck Maintenance/Repair Company

Many large trucking companies hire maintenance or repair companies to keep their truck fleet in good repair. If the maintenance or repair company was negligent in its duties, it can be liable for any accidents that occur.

Manufacturer

If a manufacturer produced a defective tire that caused an accident, it can be liable for any injuries. Products liability claims are highly technical and complicated; however, Max Meyers can help you navigate the process.

Road Maintenance

Potholes are a frequent cause of tire blowouts. In some cases, you may be able to hold the entity responsible for road maintenance liable. However, in many cases, these are government entities and very difficult to sue.

The team at Max Meyers will investigate your case and determine whether you will be able to recover compensation for your accident injuries.

Other Negligent Parties

Other parties can be liable for accidents involving truck tire blowouts, if their negligence caused the truck to have the tire blowout.

For example, when another vehicle cuts right in front of a truck, the truck may have to swerve to avoid hitting the vehicle that cut in front of it. If a situation like this causes an accident, the driver of the vehicle who cut in front of the truck can be liable.

How can I get help?

If you have been injured in a wreck involving a truck tire blowout, you need to put your case in good hands. At Max Meyers Law, our truck accident legal team has handled many truck accident claims. We will investigate your claim, work with the necessary experts, and keep at it until we get you the compensation you deserve. And we never charge you for our fees until you get a recovery.

Call us today at 425-399-7000 for a free consultation. 

Section 396 of the Code of Federal Regulations (CFR) contains federal laws that mandate how often trucking companies must inspect their trucks. If a trucking company fails to follow these regulations, it may be liable for any accidents that result.

What regulations must trucking companies follow?

Trucking Companies Must Perform Systematic Inspections

Per CFR § 396.3, trucking companies must “systematically inspect, repair, and maintain” all of their vehicles. It does not matter if they own or lease the vehicles. If the trucking company controls a vehicle for 30 consecutive days, the trucking company is responsible for complying with the inspection requirements.

There is no specific interval between inspections as “intervals are fleet specific and, in some instances, vehicle specific.” It is up to the trucking companies to determine their own inspection schedules. They must inspect as often as necessary in order to constantly keep the trucks in good operating condition.

Drivers Must Perform Daily Inspections

At the end of every driving day, the truck driver must inspect and prepare a written report on the following parts (if the motor carrier provides the equipment):

• Tires
• Wheels and rims
• Emergency equipment
• Service brakes and trailer brake connections
• Parking brakes
• Windshield wipers
• Lights and reflectors
• Rearview mirrors
• Horn
• Coupling devices
• Steering mechanism

According to CFR § 396.11, the driver’s report must include a list of all defects discovered in the daily inspection, as well as any defects the driver is aware of, if the defects would have an impact on the safe operation of the truck or if the defects could cause a mechanical breakdown. If the driver notes any such defects, the trucking company must repair the defects before anyone can operate the truck again.

Intermodal Equipment Providers and Drivers Must Follow Reporting Requirements

Motor carriers and drivers of intermodal (container) equipment providers must report all known defects and damage to intermodal equipment when returning the equipment to the provider or the provider’s agent. Per CFR § 396.9, these reports must include, at a minimum:

• Wheels, including the rims, lugs, and tires
• Brakes
• Lights, lamps, and markers
• Locking pins and similar devices
• Air line equipment
• King pin upper coupling devices
• Tie down equipment
• Sliding frame locks or sliders
• Support frames or rails

Providers must place any equipment that would “likely cause an accident or a breakdown” out-of-service.

Trucks Must Pass Periodic Inspections

Trucking companies cannot operate their vehicles unless each part of the vehicles passed inspection within the last 12 months, per CFR § 396.17. The documentation of these inspections must be inside the truck. While FMCSA does not tell trucking companies the dates on which they must inspect their trucks, they must perform sufficiently frequent periodic inspections in order to comply with the 12-month inspection requirement.

Trucking Companies Must Keep Records

Under CFR § 396.21, trucking companies must keep records of all the inspections on all their vehicles, for at least three months from the date of the report. In many cases, trucking companies need to hold records for a year and a half.

Does it matter if a trucking company does not inspect its trucks as required?

Yes. In the event of an accident, inspection records are vital. If the company knew of defects and did not promptly correct them, the company can be liable if those defects were a contributing factor in the accident. But what happens if the trucking company does not inspect its trucks as required by law, or does not maintain the required records?

A company cannot duck responsibility for unsafe trucks by failing to document the defects. The failure to inspect and maintain inspection records is, in itself, negligence. This negligence, in addition to operating unsafe trucks, can lead to higher damages assessed against the trucking company or intermodal equipment provider.

The adverse consequences for failure to inspect trucks do not end with liability for the accident. Federal law imposes financial penalties on trucking companies and intermodal equipment providers that do not comply with the inspection requirements. These companies can also face the loss of their operating licenses.

Where can I get help if a truck driver caused my accident?

If you or a loved one has been injured in a truck accident, call Max Meyers Law, PLLC for help. Our truck accident legal team will fight to get you the compensation you deserve. Call us at 425-399-7000 today for your free, no-obligation consultation.

Truck accidents often lead to significant injuries and pain and suffering. While nothing will give you back what the accident took from you, you can recover several types of damages in a truck accident case.

For help with your case, call a truck accident attorney from Max Meyers Law PLLC: 425-399-7000.

What damages can I recover in a truck accident case?

Medical damages: Injuries from a truck accident are often severe. Truck accidents can cause traumatic brain injuries, spinal cord damage, amputations, or internal injuries, all of which can cost thousands or even hundreds of thousands of dollars.

You can recover compensation for all your medical expenses. This includes:

• Medical bills
• Costs of ongoing or future medical care
• At-home medical care/specialized care in a facility
• Any surgical costs
• Physical therapy appointments

Make sure you keep all receipts and all medical bills you receive.

Disability and disfigurement: Truck accidents often cause disabling or disfiguring injuries. You can recover compensation for any adaptations you needed to make. For example, if your accident left you in a wheelchair, you can recover compensation for any vehicle or home modifications you needed to make.

Be sure to keep the receipts from the mechanic, dealership, or contractor.

Lost wages: Truck accidents can result in severe injuries, often requiring surgery or physical therapy. This can lead to a lot of time off work. If you need to take time off to recover or attend physical therapy or doctor’s appointments, you can demand compensation for lost wages.

You might also be able to recover compensation if your injury made it impossible to work full days. Keep track of all the time you took off work; be sure to include half days or time off for appointments.

Loss of earning potential: The injuries from truck accidents can make it impossible for someone to return to the same position s/he had before. If your injuries required you to take a demotion, find a new job, or retire completely, you can recover compensation for loss of earning potential.

Pain and suffering: The mere payment of your medical bills does not begin to compensate you for what you went through — the pain of getting injured, the suffering involved in medical treatments and recuperation. Pain and suffering damages can be available to compensate you after a truck accident.

You can also recover compensation for mental anguish, lost quality of life, and the development of any mental disorders from the crash (e.g., some truck accident survivors develop anxiety or post-traumatic stress disorder).

Miscellaneous Expenses: There are quite a few things that truck accident victims can recover that they never even thought of. If you were injured in an accident, you may be able to recover the following:

• Expenses for hiring help around the house (e.g., hiring a landscaper because you cannot mow the lawn, hiring a nanny to pick your kids up from school, hiring a housekeeper to clean your house, etc.)
• Costs of transportation to and from doctor’s appointments
• Parking fees at the doctor’s office or hospital

Wrongful death: Unfortunately, truck accidents often end in death. If you lost a loved one in a truck crash, you can recover compensation for:

• Funeral or burial expenses
• Loss of support
• Loss of services (e.g., child care, household chores, etc.)
• Loss of guidance and consortium
• Lost wages/lost earning capacity
• Medical expenses
• Pain and suffering
• Mental anguish

To determine exactly what you can recover, you need to have a truck accident lawyer look over your case.

Get Help from a Kirkland Truck Accident Lawyer Today

While you can recover quite a lot in a truck accident claim, the trucking company and its insurer will not make it easy for you. They will fight tooth and nail to ensure you do not get the compensation you deserve. Do not feel like you need to handle this on your own. You have a knowledgeable truck accident lawyer on your side.

Call Max Meyers today at 425-399-7000 to schedule your free, no-obligation consultation and learn what you might be entitled to.

Aggressive driving is a problem everywhere. It is so problematic in Washington State that the Washington State Police (WSP) has spent the past few years cracking down on aggressive driving. All aggressive driving is dangerous, but aggressive truck driving can be deadly.

What is aggressive truck driving in Washington State?

Knowing what constitutes aggressive truck driving in Washington State is the best way to avoid it. All of the following are behaviors that comprise aggressive driving:

• Tailgating
• Weaving in and out of lanes
• Using the horn unnecessarily
• Cutting in closely on other vehicles when changing lanes
• Flashing headlights at oncoming traffic
• Pulling in front of a driver, only to slow down while in his/her path
• Slamming on the brakes to get rid of a tailgater
• Driving too fast for conditions

Why is aggressive driving so dangerous when operating a semi truck?

Aggressive truck driving is more dangerous than aggressive passenger car driving because trucks are much larger and heavier than passenger cars. Accidents that occur due to aggressive truck drivers are often much more severe than aggressive passenger car drivers.

For example:

• A truck can take almost 200 feet to come to a complete stop. If you slam on your brakes in front of a truck that is tailgating you, an override accident is sure to occur.
• If an aggressive truck driver cuts you off, s/he can cause an underride accident.
• If a truck is traveling too fast for conditions, s/he can cause a jackknife accident if s/he needs to brake quickly.
• If a driver makes an unsafe lane change, s/he can hit drivers in adjacent lanes or cause a squeeze play accident.

What can cause aggressive driving?

Truck drivers operate under deadlines. If they were stuck in traffic earlier in their route, they might have a hard time getting to their destination on time. This might make drivers speed, make unsafe lane changes, or tailgate to get their shipment to its destination on time.

A driver might also tailgate or drive aggressively if s/he is fatigued, intoxicated, or driving while distracted.

In some cases, an accident victim may have unintentionally caused the driver to become aggressive. For example, if you were driving slowly in the left lane or if you accidentally cut off a driver, that driver might decide to tailgate you or cut you off to scare you or get you to speed up.

What effect does aggressive driving have on my accident case?

If you suffered injuries in a truck accident, it is important to evaluate whether aggressive driving was a factor. If you are able to establish aggressive driving caused or contributed to your accident, you can use this to hold the driver accountable for your injuries.

For example, if a truck rear-ends you, the driver might try to claim that you cut him/her off. However, if you can prove that you ensured you were a safe distance ahead of the truck and the driver, instead, sped up until s/he was on your tail, you can deflect liability and place it on the truck driver.

If you are involved in a squeeze play accident, the trucking company’s insurer might try to blame you for being in a truck’s blind spot. However, if you can prove that the driver’s speeding and unsafe lane changes did not give you enough time to change lanes, you might be able to hold the trucking company liable for the driver’s actions.

How can I prove aggressive truck driving?

Unfortunately, in an accident, it is always a "he said" "she said" situation. However, if you can provide evidence that proves your side of the story, you may be eligible to recover compensation.

The evidence you might need includes:

• Eyewitness testimony (an eyewitness can testify that the truck driver was tailgating you and behaving aggressively prior to the accident)
• Accident reconstruction expert testimony
• Surveillance video of the crash

How can I get help if I was injured in an accident with an aggressive truck driver?

At Max Meyers Law PLLC we will sit down and meet with you to discuss the details of your accident. If it appears that aggressive driving may have been a factor in the accident, we will investigate the facts and gather the evidence necessary to prove your claim. We have years of experience handling truck accident claims and we know how to tackle the unique issues they present.

Call us today at 425-399-7000 for your free, no obligation consultation with a Kirkland truck accident lawyer.

Liability is much more complicated in truck accident cases than with auto accident cases. In a passenger car traffic accident, you typically only deal with the other motorist and his/her insurer. However, liability for truck accidents can extend beyond the truck driver to include numerous parties, all of which are interested in protecting themselves against liability.

For this reason, it is imperative that you speak with a Kirkland truck accident attorney as soon as possible to preserve your right to compensation: 425-399-7000.

Who is liable for my truck accident?

In most car accident cases, if the driver’s negligence causes an accident, the driver will be your liable party. However, in most cases, you will not hold the truck driver liable for your damages. If the truck driver’s negligence caused the accident, then you would typically file a claim against the trucking company, not the driver directly. This is because of a legal doctrine called respondeat superior, a law that provides that companies can be liable for their employees’ actions.

This is actually a good thing for truck accident victims because trucking company insurance policies are generally better and larger than a personal insurance policy. In other words, trucking companies have deeper pockets and you can likely recover a much fuller settlement by filing against the company.

However, this also means that you will likely be fighting an uphill battle. Trucking companies often have very large, experienced insurers and legal teams. In many cases, accident victims who take on trucking companies themselves end up jeopardizing their case or accepting far too little for their case.

Can a trucking company be directly liable for my accident?

Yes. A trucking company can be directly liable for your accident if the trucking company:

• Forced or encouraged its drivers to stay on the road past federally-mandated hours
• Hired a driver with a history of dangerous driving (e.g., DUIs, speeding tickets, etc.)
• Did not suspend a driver for driving while intoxicated
• Requiring drivers to text and drive

Are there times when a trucking company is not liable for my accident?

There are exceptions to this rule, though. If any of the following circumstances apply, then you may need to file against the truck driver rather than (or sometimes in addition to) the company:

• Independent contractors: Respondeat superior only applies to employees, not self-employed drivers. If the truck driver that hit you was an independent contractor rather than an employee, you will need to file against the driver. (Max Meyers will investigate your case to determine whether the driver was actually an independent contractor; in some cases, trucking companies will misclassify employees to save money or deflect liability.)
• Off duty: Employers are only liable for their employees’ actions when the employees were acting within the course and scope of employment. An employer would be liable if a driver caused an accident making a delivery, but if the driver was off the clock and had an accident while running a personal errand, then the company will not be liable.
• Intentional: If the truck driver intentionally caused the wreck or harmed you, then the trucking company is not liable. You can file a civil claim against the driver and pursue recovery.

What do I need to establish liability?

You will need to be able to show that the trucking company or other responsible party caused the accident as a result of its carelessness or negligence.

The items you may use as evidence to prove liability depend upon the circumstances of your accident. For instance, if the driver was texting while driving, we can subpoena his/her phone records to prove negligence. If s/he fell asleep at the wheel, we can obtain his/her log books to see if s/he overstepped the legal hours of service limits or his/her drug and alcohol test to see if s/he was intoxicated.

It is important to note that trucking companies tend to “lose” or quickly destroy evidence after an accident to protect their interests. Our team at Max Meyers Law PLLC can take steps to stop the destruction of evidence, collect any necessary evidence to prove liability, and obtain maximum compensation for you.

We will also determine whether there are any potential third parties responsible for your truck accident. We will build cases against any parties involved.

For a free consultation with a truck accident lawyer in Kirkland, call Max Meyers Law PLLC today at 425-399-7000.

An override accident occurs when a semi-truck or any other large commercial vehicle runs over a passenger vehicle, crushing it beneath it. An underride truck accident occurs when a passenger car collides with the rear or side of a truck, sliding underneath it. These accidents are quite common, and many of them prove fatal. In fact, an estimated 55 percent of all fatal truck accidents are underride collisions, according to the National Highway Traffic Safety Administration (NHTSA).

Causes for Override and Underride Accidents

Override – There are a lot of possible contributing causes of override accidents. In many cases, the truck driver miscalculates the distance between the truck and passenger car or simply tailgates and doesn’t provide enough space to stop in time. Poor weather and road conditions can affect the driver's visibility and cause the truck to skid, which can also cause an override accident. Defects in the truck’s brakes or tires can contribute to an accident as well.

Underride – Likewise, there are several factors that can cause an underride accident. Drivers who tailgate obviously put themselves at risk, but sometimes a truck may turn or stop without warning. In many cases, the driver simply doesn’t see the truck. This is a huge problem at night, when the bed of a truck can remain completely invisible until the driver is right up on it. Trucks are required by law to have reflective tape along the side of the trailer to increase visibility, but the tape often gets worn or dirty and does little good. Plus, most trucks lack underride guards, which could do a world of good in preventing these types of serious collisions.

Damages in Serious Truck Accidents

The front of most passenger cars stands 30 inches or less. The trailer of a semi sits 45 inches high. So when a car collides with the back or side of a truck, it can instantly slide right under, crushing the front of the car and the occupants. The injuries are generally catastrophic -- if not fatal -- and the damages are substantial.

If you were hurt in an underride or override accident or if your loved one was killed in one, you will want to speak to an attorney immediately about your case. There are steps you and your lawyer must take to preserve your claim. If you reside in Washington, you are welcome to call our truck accident lawyer at Max Meyers Law for a consultation. We will review your case, determine if negligence contributed to the accident, and then help you seek compensation for damages via an injury or wrongful death claim against the liable party.

Contact us today for a free consultation at 425-399-7000 or fill out our online contact form.

Truck drivers who text while driving are 23.2 times more likely to be involved in a “safety-critical” event, e.g., crash, near-crash, lane deviation, etc. than drivers who refrain from texting, according to the Federal Motor Carrier Safety Administration (FMCSA).

As such, the FMCSA, the agency that regulates the trucking industry, provides detailed cell phone policy for truck drivers. When a driver violates the rules and subsequently causes a crash, the victim (or family) can file a claim to recover damages so long as they can prove the violation.

FMCSA Mobile Phone Use Rules

The federal rules regarding cellphone use for commercial truck drivers is simple and straightforward: truckers are banned from using any type of handheld device while operating their rigs. They are permitted to use voice-activated functions and one-touch features to initiate, answer, or terminate a call, but they cannot hold the phone or press more than one button.

They are also prohibited from texting while driving or doing any of the following activities on their device.

• Reading texts or sending texts
• Instant messaging
• Emailing
• Accessing a webpage

“In short, the rule prohibits unsafely reaching for a device, holding a mobile phone, or pressing multiple buttons,” provides the FMCSA.

How to Prove a Truck Driver’s Violation Caused Your Accident

Using a cell phone while driving a truck constitutes negligence. In order to file and win a truck accident claim, you’ll need to be able to show that the driver was negligent (using a phone) and that the negligence is what caused your truck accident.

Proving this can be a tricky task. Your lawyer can help you collect evidence to support your case. S/he can send a letter of spoliation to the truck company to preserve evidence and/or subpoena the driver’s phone records. The records will indicate if the phone was in use at the time of the accident.

In some cases, you might be able to use the following to prove your claim.

• Eyewitness testimonies
• The truck driver’s cab cam footage
• Accident reconstructionists

Taking the First Step to Recover Your Damages

The first thing you’ll want to do is consult a truck accident attorney in your area who can review your injury or wrongful death case and get to work on proving your claim. It’s important to act quickly because 1) there’s a time limit on when you can file a claim, and 2) truck companies tend to “lose” evidence if they don’t quickly receive a letter of spoliation. Also, the sooner you file a claim, the sooner you can receive your much-needed settlement check.

For help in Washington, call truck accident lawyer Max Meyers today at 425-399-7000 for a free consultation or fill out our contact form.