Wednesday, March 24, 2010

The Responsibilities of a Truck Driver in an Accident

Driving a truck can be an interesting and rewarding career, but like any other it certainly has its own concerns. That low bridge that no one told you about can spell disaster, and of course treacherous road conditions are even more dangerous for a big rig.

Even the best driver may be in an accident at one point in time. If this were to happen to you, what are your responsibilities after an accident? Are you always liable in such cases? How do you protect your own interests?

Keeping the Rig Safe

In all areas, it is the responsibility of the truck driver to make sure his or her rig is safe before heading out onto the road. Failure to do so can increase the driver's liability in an accident, if an unsafe rig is to blame for that accident.

In some areas a driver can face, not just civil penalties, but even criminal penalties as well. This is why it's imperative for a driver to never neglect safety of their rig even for just one load.

Safe Driving

Driving while drowsy is a risk factor for many truck drivers, and in most areas drivers are required to go through instruction about the dangers of not being physically able to drive. A driver that falls asleep behind the wheel or causes an accident because of their own unsafe driving practices may be even more liable than a typical car driver, since they pose such added danger.

And while it rarely is a factor in truck accidents, of course a truck driver needs to avoid the use of alcohol or drugs while behind the wheel. This too may lead to not just civil but also criminal penalties if there is an accident.

In no case however should any liability be assumed by either the truck driver or anyone else involved in the accident. Accidents can and should be investigated thoroughly and all parties have the right to have legal representation in any case. It should never be assumed that a truck is at fault when there has been an accident, and a car driver should never assume that the truck driver's liability is the same as their own. This article is not meant to replace legal advice from an attorney.

Learn more from about truck accidents at www.wurtzellaw.com the site of Attorney Elan Wurtzel of Plainview, New York.

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