Commercial vehicle accidents and operator fault
The Federal Motor Carrier Safety Administration mandates that commercial truck drivers use an electronic logging device. As noted by FreightWaves, instead of tracking their road hours on a paper log, an ELD records the information for drivers and stores it electronically.
Transportation industry electronics may provide details of events that led up to an accident. Dashboard cameras, for example, may capture footage of the inside of a cab. A driver’s actions and facial movements may reveal whether a distraction caused a collision.
Fatigue and distractions cause accidents
The FMCSA notes that driver fatigue or drowsiness contributes to crashes involving commercial trucks. Experiencing exhaustion during a long haul can lead to driver mistakes. An operator’s attention span may shift away from the road and exhaustion may limit the ability to react in time to avert a crash.
Federal law forbids commercial vehicle operators from holding a mobile device while driving. Commercial operators may not allow emails or text messages to distract them. Unfamiliar roads and highways, however, contribute to commercial vehicle accidents. Although an operator may use a GPS navigation system, the level of distraction may intensify after missing an exit.
The court may assign a percentage to an operator’s fault
Individuals severely injured by a commercial truck driver may file legal action for damages. New Jersey’s Comparative Negligence law, however, requires showing how much each driver contributed to an accident. As explained by ConsumerNotice.org, if the operator of a passenger vehicle contributed to a collision, the court may reduce the damages based on the percentage of his or her contribution.
Because federal law requires commercial vehicle operators to keep an electronic log of their hours and hauls, the discovery process may include the court reviewing an operator’s devices. The court may review information captured electronically to determine whether exhaustion or a distraction contributed to a crash.
Why You Need a Lawyer When Facing a Lawsuit
If someone has filed a tort lawsuit against you, you are probably wondering what you should do to protect yourself from liability. Some people think they can handle tort lawsuits without the expert guidance of Woodbury NJ tort claim attorneys. You can run into a...
Accused of Discrimination in the Workplace? Why You Need a Lawyer
Craig Annin & Baxter are Woodbury NJ discrimination attorneys. Discrimination is ugly. When it rears its head in the workplace, it is frustrating and time-consuming. People who play favorites hurt the freedoms of their victims. Craig Annin & Baxter believe...
New Jersey Residents Protected by the Prevention of Domestic Violence Act Without an In-Person Date
In a decision that is timely for the COVID-19 quarantine era, a New Jersey Appellate Court has ruled that a relationship conducted only through sexting qualifies as a dating relationship. In C.C. v. J.A.H., New Jersey’s Appellate Division affirmed the entry of a Final...
How Domestic Violence Cases Are Handled Safely in NJ
Domestic violence happens about every seven minutes in New Jersey. Although victims are usually women, it happens to men as well. About 25% of women and 15% of men in America are victims of physical violence from a partner or spouse. It is important for local victims...
Voting Rights in New Jersey: What You Should Know About How to Exercise Them and Protect Them
Perhaps the most important right we have as citizens of the United States is voting, and while voting differs in each state, New Jersey upholds strict voting rights. Even so, certain groups and individuals have tried to take away rights from those who should be...
Real Estate Closings in New Jersey: Does It Matter If It’s North or South Jersey?
If you are buying or selling real estate in New Jersey, it’s important to consider whether you are closing the sale in North or South Jersey. Keep some key differences in mind if you want to move forward without unneeded complications. This article explains the...
Should I Talk to a Lawyer If My Insurance Claim is Denied?
Insurance is quite comforting until you need it. Then you plunge into a complex web of contracts and administrative operations with terms and processes average people do not understand. When your claim is denied, it can be a shock. A denied insurance claim means you...
Harassment in the Workplace: What to Do If You’ve Been Accused
Someone in your workplace accuses you of harassment. This is time-consuming and stressful to fight as well a threat to your employment and income. Do not assume you can reason with an accuser and return to business as usual. Acquire skilled defense attorneys to handle...
Why You Need a Lawyer if You’re Accused of Causing an Injury to Another Person
If you are accused causing injury to someone as a result of an action, comment, or posting, or you are a victim seek legal advice promptly. Persons who have suffered harm owing to the action or inaction of another can sue for damages. You may be forced to pay a...
When a Victim of a Car Accident Should Talk to an Attorney
If you have been the victim of a car accident we wish you a swift and uncomplicated recovery. Pursue appropriate treatment from your primary care provider and follow their recommendations for treatment and specialists to see. Along with getting medical treatment for...