Proving who is liable when a truck driver is speeding
When you are involved in a truck accident where a trucker is speeding, the easy thing to do may be to immediately assume such a driver to be reckless and indifferent towards the safety of others. Yet is that really the case? Truck drivers know their vehicles better than most, and thus should also understand the dangers inherent with driving them at high speeds. Understanding this, you might be prompted to then ask why they would speed? Many in your same situation have come to us here at Rosenthal, Levy, Simon & Ryles with the same question.
You likely experience the pressure to perform in your own career and thus understand how such pressure might sometimes prompt you to rush through your work. Truck drivers are no exception to this. Their performance is often gauged on on-time deliveries. Their employers gain and retain business by ensuring prompt delivery times, and are therefore incentivized to offer clients the best time estimates. This could directly lead to pressure being put on drivers to do all that is necessary to quickly complete their routes (which could include subtle indications that speeding may be tolerated if it means completing a delivery on time). If such pressure does indeed exist, an argument might be made that it is not the fault of the driver that hit you for speeding, but rather their employer.
How are to prove this? A review of the proposed route times a driver is expected to follow might do it. Section 392.6 of the Code of Federal Regulations shows that it is unlawful for employers to set route times that would require drivers to exceed the posted speed limits in the areas that route covers.
More information on holding the right parties responsible for truck accidents that be found throughout our site.
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