In a truck accident case, a personal injury attorney’s investigation is into past behavior. For example, an attorney might examine whether a truck driver failed to comply with applicable commercial trucking regulations, and cite any failures as indicia of negligence.
Yet as safety advocates might note, many commercial trucking regulations are designed to be proactive by creating a safer environment on roads and highways in Pennsylvania and across the country.
In that regard, a new anticipated mandate by the U.S. Department of Transportation might virtually police speeding by trucks weighing over 26,000 pounds. Called an Electronic Control Module, the device would prevent trucks from traveling over a certain speed limit.
The theory behind the device is that reducing top travel speeds will reduce the minimum stopping distance required by large trucks. Data confirms that truck accident fatalities are more common on higher speed roadways.
Notably, the American Trucking Association has welcomed the mandate, advising that speed limiters be installed on all new trucks. Another safety advocacy group is calling for all large trucks manufactured since 1990 to be retrofitted with the devices.
Unfortunately, a victim of a truck accident may have to contend with more than just the driver. The driver may be employed by a large trucking company, and the thought of going up a trucking company’s insurance carrier can seem daunting, even for truck accident victims who believe the evidence establishes negligence on the part of the truck driver. That’s why a crash victim might need the help of an experienced truck accident attorney. An attorney can investigate the scene for potential evidence that may prove negligence or fault.
Source: Claims Journal, “Fed to Require Speed Limiters on Trucks,” Gary Wickert, May 1, 2014