Requirements for CDLs and Proving Liability After a Trucking Accident

Commercial trucks are a staple to highways across the country. Because of this, it’s highly likely that you have either witnessed a truck accident or a truck driver poorly operating their vehicle. Whether they are swerving, driving too fast or too close to other cars, this type of behavior can be incredibly dangerous. It may give you pause and lead you to wonder what is actually required in order to obtain a commercial driver’s license (CDL). Despite the measures taken to vet future truck drivers, statistics show that trucking accidents are not only common, but put other drivers at risk of injuries and, in some cases, fatalities. If you have suffered an accident at the hands of a truck driver, chances are you will be looking to hold the liable party accountable. A trucking accident lawyer can assist victims in gathering evidence and preparing their case against the liable party. 

Understanding the Requirements of a CDL

One essential requirement for a truck driver is that they obtain a CDL, or commercial driver’s license. When obtaining a CDL, there are a number of federal regulations that driver’s should adhere to. However, it’s important to be aware that states also have their own set of standards in place in order to have a CDL. Obtaining a CDL requires that drivers:

  • Complete a three part road test
  • Pass written exams
  • Meet basic physical qualifications
  • Are at least 18 years of age (in some cases 21)
  • Have a valid driver’s license
  • Have 2 years of driving experience
  • Pass background checks
  • Has never had their license revoked or suspended

There is a significant level of skill and care that must be taken when operating a commercial truck. Because of this, federal and state guidelines help to ensure that drivers are qualified to take on this responsibility. 

Holding the Liable Party Accountable

Determining the liable party in a trucking accident can be both overwhelming and challenging. This can be a significant undertaking without the help of a trucking accident lawyer, especially when you consider that there may be multiple parties involved. A trucking accident lawyer can help to determine who should be liable and build a case that has the following elements present:

  • Duty of Care 
  • Breach of Duty of Care
  • Damages
  • Causation

The idea of gathering evidence that ties together the key elements to a trucking accident case can be overwhelming to face without the assistance of a trucking accident lawyer. A legal professional can assist in moving through this process with ease by identifying the liable party and building a strong case against them. 

Gathering Evidence

One key element to proving damages in your trucking accident case will be gathering key evidence in support of your case. A trucking accident lawyer can play a key role in helping victims to not only outline the evidence needed but in gathering it. Evidence that may prove helpful, may include: 

  • Medical Documentation
  • Proof of Lost Wages
  • Police Reports
  • Photographs/Videos of Accident and Injuries
  • Driver Logs
  • Truck Maintenance Records
  • Truck Driver’s Medical History
  • Cargo Evidence

Evidence plays a key role in outlining damages and proving that the truck driver and/or trucking company was responsible for the accident and injuries that occurred. Gathering as much evidence as possible, right from the start can be advantageous to the outcome of your case. 

Have you been left to face financial losses and physical injuries following an accident that involved a commercial truck driver? To learn more, contact a trucking accident lawyer, like a Central Phoenix, AZ truck accident lawyer from Kamper Estrada, LLP, before it’s too late. 

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