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| LUTHENS LAW OFFICES |
| Des Moines Office |
| West Towers Building , Suite 206-24 |
| 1200 Valley West Drive |
| West Des Moines, Iowa 50266 |
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| Colfax Office |
| Luthens Law Building |
| Eight West Howard Street |
| Colfax, Iowa 50054 |
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| Telephone: (866) 579-3816 |
| Email: info@luthenslaw.com |
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| The workers compensation & personal injury claims and settlement attorneys at the Luthens Law Offices, P.C. are dedicated to serve their clients in central Iowa, including the cities of West Des Moines, Colfax, Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, and Des Moines counties. |
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TRUCK ACCIDENTS | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS
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I. General Information about Accidents Involving Tractor Trailers
II. Common Causes
III. Truck Safety
IV. Driver Training and Requirements
V. Driver Obligation
A. Maintenance and Inspection of Vehicle
B. Safe Loading
C. Driver Fatigue
D. Drugs and Alcohol
VI. Carrier Responsibility
VII. Unsafe Acts by Passenger Vehicle Drivers
VIII. Steps to Take if You Are Involved in an Accident
IX. Conclusion |
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Carrier Responsibility
The starting point for determining carrier responsibility, is that as the employer of a driver, the carrier is responsible under a doctrine of respondent/superior. The issues get considerably more complicated, when the driver was an “independent trucker.” Then it may be necessary to find liability against the carrier on other legal theories.
The starting point for all such theories would be the requirements for carriers under the Federal Motor Carrier Safety Regulations. Generally, those Regulations create an obligation on the
carrier to see to it that the drivers are in compliance with all Safety rules applicable to them, in addition to creating independent obligations on the carriers to inspect, comply and to make sure the drivers are complying also.
A carrier has a duty to take steps to prevent injury to the driving public by determining the competency of its drivers to operate a commercial vehicle. A carrier is responsible to obtain background information on a potential driver before he can be hired. A carrier can be held negligent if they fail to obtain such information.
A carrier that fails to prepare or maintain records or maintains a required record that is incomplete, inaccurate or is false, is subject to the commencement of civil proceedings by the Federal Motor Carrier Safety Administration as well as fines.
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
Copyright © MMVII JAKOBIE
If you would like to schedule a free initial consultation contact an attorney representing clients in Cedar Rapids, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com.
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