There are various matters that can affect whether the driver was, in fact, negligence. Weather, of course, is one of the main ones. If the driver was driving in fog, rain, sleet, snow, ice, dust, those are the things where if the driver continued to be on the road and the visibility was minimum, the driver is probably going to be held to an extremely high standard of negligence, as far as actually being responsible for the accident.
Normally in a case, the standard of care is just ordinary and reasonable person but in this case, if the driver did not take into account factors such as rain, sleet, snow, ice, dust, then the driver is going to be held to an extremely high standard of care. Of course, drivers are not allowed to use their cellphones while driving. They cannot text, they cannot email, they cannot use any other form of electronic communication. They can retrieve information from the truck system’s navigation system but that’s about it.
Even if the trucker is not actually on the highway and traveling, the trucker cannot text, in other words, while the truck’s engine is running, texting is prohibited. If the truck is stopped on the side of the road and not physically traveling, the driver, that is, the truck driver is still required and prohibited from not texting. Truck drivers are required to use a hands-free cellphone system while driving.
Attorneys handling these types of cases are normally going to go ahead and get the trucker’s personal cellphone records as well as, I should say, any of the company’s telephone records. In case you have a case against a trucking company that involves the railroad, you should be aware that truckers are not even permitted to change gears while on the railroad tracks. Furthermore, truckers are required to stop 50 feet from any railroad intersection. If you’ve been involved in a truck accident and have questions about whether you have a case, feel free to call me at 770-792-1000.