A Preventable Accident Is A Defined Term Under Federal LawPreventable Truck Accident Injury Cases
The Federal Motor Carrier Safety Act defines a preventable accident (on the part of the motor carrier) as an accident that involved a commercial motor vehicle and that could have been averted but for an act, or failure to act, by the motor carrier or the driver. Preventability is found if a driver, who exercises normal judgment and foresight could have foreseen the possibility of the accident that in fact occurred and avoided it by taking steps within his/her control which would not have risked causing another kind of mishap. A Board Certified Truck Accident attorney can investigate whether a particular truck accident was a preventable accident. Patterson Law also has a licensed Class A CDL driver on staff to evaluate whether driver error contributed to an accident.
If you are involved in an accident with a commercial truck, bus or other commercial vehicle you may have a valid injury claim if the crash was preventable. Preventability is one of the most overlooked aspects of truck accidents. Ordinarily, an injury lawyer hears a simple recounting of an accident and makes a nearly instantaneous decision as to whether the case should be pursued. A preventability analysis looks at all the actions taken by the commercial driver and his company before the accident occurred. Preventable truck accidents can arise from many different types of failures on the part of the motor carrier or truck driver. Hours of service violations, choosing to drive in hazardous conditions, improper securing of cargo and inadequate driver training can all lead to preventable accidents.