Cars & Vehicles Trucks

Protecting Yourself From a Liability Lawsuit

If you look at the website of any personal injury attorney, you will see a common theme: they sue truck drivers.
Face it-you drive a long and large heavy vehicle that tends to scare many of the drivers you share the road with.
When an attorney sues someone, they must provide a preponderance of evidence that clearly establishes that the person presumed at fault was unmistakably negligent in his or her duties.
If you are sued, you have to prove that you were not negligent.
That means keeping clear and concise documentation that can prove beyond doubt you followed the required rules.
By being careful and observing the following steps you can protect yourself and your career and avoid finding yourself centered in the crosshairs of an attorney seeking to prove negligence.
Keep Awake The number one cause of truck accidents is driver fatigue.
When you're tired, you're less alert, your reaction time is slower, and your judgment is impaired.
The best way to stay awake is to get enough rest.
The Federal Motor Carrier Safety Administration's (FMCSA) governs this aspect of trucking and has established a guide to hours of service.
According to the FMCSA, you can be on duty for no more than 14 hours at a time, and during those hours you can drive for no longer than 11 hours.
The FMCSA also mandates that you can work for no longer than 60 hours for seven consecutive days or 70 hours for eight consecutive days.
If you keep within these guidelines and precisely record your hours on your driver's daily log, you should be good.
However, you still need to use common sense.
If you find yourself drowsy, pull over and get some rest.
Sure, a short nap can impact your schedule, but far less that an accident would.
Stay Back You're a professional, so you don't need to be told how long it takes for your truck to stop.
However, when you have a schedule to keep and the automobile in front of you is driving too slow, it's tempting to motivate them to speed up.
Don't give in to the temptation; the potential endangerment caused by your unnecessary actions far outweigh the momentary satisfaction you may feel from intimidating an already panicked driver.
If your actions result in an accident and subsequent lawsuit, it will be highly damaging to your case if witnesses state that you were following too closely.
Keep Maintenance Records Another area that a lawyer might go after you is to prove that your truck was not properly maintained.
To avoid giving a lawyer that bit of ammunition, keep all your maintenance records that can prove you took every measure to maintain your truck to the required standards.
You will want to show in court that your truck was running well, maintained to specifications, and especially that the brakes were in working order.
Liability Insurance Even if you follow all the rules and your truck is in perfect running order, you could still find yourself in a lawsuit.
This is why it's important to purchase as much liability insurance as you can afford.
It might be tempting to get the minimum amount of liability insurance allowed, but it isn't worth the risk.
Liability insurance is your last line of defense if you find yourself on the losing end of a lawsuit.
Protecting yourself from a liability lawsuit and the potential financial damages it can cause are important to you, your career, and family.
Whatever you do, keep your required records and documents up to date, drive safely, ensure your vehicle is well maintained, and make sure you have enough liability insurance to protect yourself and your livelihood.
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