Evidence That Can Prove That a Truck Driver Was Exhausted During the Accident
With any truck accident case, the actions of the truck driver can determine how much your settlement is worth. If the truck driver was exhausted at the time of the accident, they might be considered negligent. However, you might find it difficult to prove that the driver was exhausted without the help of experienced legal counsel. Read on to learn about what a truck accident lawyer could use to bolster your case.
1. Bills of Lading
Your lawyer might be able to find evidence of violations in safety regulations and hours of service rules. You might be able to obtain the bills of lading. This is a document that is used to process a shipment. This type of document can be used to determine how many shipments the truck driver transported at the time of the accident.
2. Driving Records
Driving records can help determine if the driver was on the road for an excessive period. Most drivers are now required to keep electronic logs of their travels rather than using the traditional paper logs.
3. GPS Information
The truck driver might use GPS information to reach their destination. GPS information can be used to help determine how long the driver has been driving.
4. Cell Phone Calls and Texts
Cell phone calls and texts can determine how long the driver was on the road. Your lawyer may be able to obtain cell phone records. Your lawyer may also be able to obtain credit card receipts.
How to Use This Information
With all of this information, you will be able to determine how long the truck driver was operating the vehicle. This can be used to determine whether the driver was fatigued and the driver's exhaustion can then be used to prove that they were responsible for the accident.
After the accident, the driver might point their finger at you and claim that you were partially at fault for the accident. However, if you can prove that the other driver was exhausted and was violating hours of service regulations, you'll have an easier time proving that this driver was negligent. By doing this, you may be able to negotiate a higher settlement offer.
Comparative Negligence and Settlement Offers
The size of your settlement is determined by how much the other driver is considered to be at fault. If your truck accident lawyer can prove that the truck driver was 100% at fault, you will be able to maximize the size of your settlement.