When an accident involving a truck takes place, the blame is often attributed to the driver of the truck for causing the accident. Sometimes, this blame is well deserved, but sometimes it is due to the truck company failing to adhere to regulations. It is the company’s responsibility to ensure that the driver is sent out in a roadworthy and safe truck. If the trucking company fails to do this, they will be held responsible for the often disastrous consequences, according to Houston 18 wheel truck accident lawyer Greg Baumgartner.
The company must regularly review the logbooks filed by each of their drivers to ensure the driver is qualified to be driving the lorry and is not driving outside the hours of service regulations. You may be aware that the truck drivers are limited in the number of hours that they can drive each day, and the trucking company must ensure the driver doesn’t go over these limits.
At the end of each shift, the driver of the lorry usually needs to fill out a driver’s daily vehicle inspection report. This is where the driver can list every defect on the lorry that they have noticed during their journey. The company must then take action on repairs based on this daily report and ensure there are no defects when the truck goes back into service.
Section 390.13 states that “no person shall aid, abet, encourage, or require a motor carrier or its employees to violate the rules.” This is normally included in litigation documents when a truck accident occurs. If the trucking company turns a blind eye to a driver violating the hours of service regulations, as they need a load delivered, they are breaking the law and will be held responsible.
Sometimes it can be incredibly difficult to immediately determine any trucking company violations, especially when the collision has just taken place. To uncover any violations, an independent investigation needs to take place, and this investigation will focus on any falsified logbooks and take a close look at the driver’s qualifications, as well as the condition of the tractor and trailer that the driver drove during the accident.
It is more common than you might think with regards to lorry companies taking measures to cover up these infractions. This is why it is so important to enlist the help of a trucking accident attorney. We’d recommend you call Attorney Greg Baumgartner for a personal consultation if you have suffered from an accident.
For more information, check out https://www.texas-truckaccidentlawyer.com/blog/when-trucking-companies-drop-the-ball-on-safety/.