For pickup truck owners considering alternative transportation methods, hotshot trucking provides a great option to carry time-critical cargo without the cost of a Class 8 tractor/trailer. But, high pay loads can have a fast-paced schedule, longer trips and more exposure to traffic on the highway.
Frequent travelers on the streets driving trucks that transport goods, such as completely loaded 18-wheelers, often have to contend with large commercial vehicles. If the collision is between a hotshot and a different sized car, then the impact for the hotshot driver could be serious. Knowing what is considered to be a driver’s liability before an accident occurs can help them avoid getting into trouble and keep vital evidence.
Why Hotshot Drivers Face Unique Collision Risks?
Often, hotshot drivers have narrow delivery windows and may be on a big freight road for hours or days. An independent hotshot operator will likely have less resources available after a crash, than a larger carrier. An 80,000-pound tractor-trailer can cause extensive damage to a pickup truck, and serious injuries to its occupants.
It can also be complex to determine fault if there are multiple drivers, carriers, insurers and maintenance providers involved. The fact that a hotshot truck is smaller than a truck doesn’t necessarily mean that it was the only at-fault party, but it can make the physical ramifications of a crash much more complicated.
Liability Can Extend Beyond the Other Driver
Liability for a commercial truck accident does not always lie solely with the person driver. In investigating the incident, the trucking company, the truck owner, the maintenance company, the cargo loader or other parties involved in the truck’s operation may be looked at, depending on the situation.
Federal motor carrier regulations also may be relevant to whether a carrier adhered to relevant safety regulations. Driver qualifications, hours of service, vehicle maintenance, cargo securement and other regulations could contain vital information about what transpired prior to the collision. These are factors that can be critical to a hotshot driver’s ability to claim a fair wage.
Dash Cam Footage Can Become Critical Evidence
The aftermath of a commercial vehicle accident can result in the loss of evidence that can quickly go missing. Some dashcam video might serve as a record of traffic conditions, vehicle movements, braking, lane changes and the moments just before an impact. Records from the electronic logging devices can be used to also determine a commercial driver’s hours and activity.
But such records can’t be kept forever. Some systems have rules that specify a period of time after which the information is no longer relevant and will be overwritten. The sooner the evidence is preserved, the better, so this is why it is important to do so early in the investigation of a truck accident.
Dash Cam Footage Can Become Critical Evidence
Formal preservation letter or a preservation request can aid in the prevention of the destruction or overwriting of potentially important evidence. Records can be digital logs, on-board video, truck maintenance logs, truck inspection logs, dispatch logs, and other records produced by the trucking firm.
It is better to be able to preserve evidence the sooner it is identified. Hotshot operators also should maintain their own pictures, medical records, repair estimates, communications, delivery records and all other paperwork related to the accident. A thorough record can help determine the facts of the accident and how it impacted the driver’s business and life.
Why Early Evidence Preservation Matters?
After a serious crash, an insurance company for another driver or trucking company may come in touch with an injured hotshot operator and ask him or her to sign a recorded statement. Although the request might seem like just another routine request, all the information given contributes to the claim process later on.
Often comments are made before the whole story is understood, causing problems. These calls come at a time when drivers may be still dealing with injuries, damages to the vehicle, loss of work, and stress from the accident. Usually, one should be aware of the reasons for the request of a statement and the potential impact that it may have on the claim.
Be Careful With Insurance Company Statements
After a serious accident, hotshot drivers who drive under their own authority may have further insurance inquiries to make. Depending on their operation and contracts, they might be covered by commercial auto insurance, cargo coverage, physical damage coverage or other types of insurance. With multiple parties and insurers in play, it can get complicated if more than one policy applies to a specific loss.
Another problem can be the loss of income as the independent drivers will have to include canceled loads, missed deliveries, repair downtime and other financial implications. Maintaining good business records all year round will make it easier to show these losses in case of an accident that disrupts the business.
Insurance Issues for Independent Hotshot Operators
There are many federal regulations which do not apply to average passenger vehicle accidents, and this is commonly a feature of commercial truck collisions. The Federal Motor Carrier Safety Administration sets standards on driver qualifications, hours of service, vehicle inspection, vehicle maintenance and other issues.
Investigators might want to consider whether both the carrier and the driver were compliant with applicable requirements when an 18 wheeler collides with a hotshot pickup. These rules can make the truck accident claims much more complex than the typical auto accident claim. Hence, the importance of legal expertise in such cases of serious injuries or damages.
Federal Trucking Rules Can Shape a Liability Claim
When a commercial truck accident occurs, the case can quickly turn into an evidence and insurance coverage dispute, damages and liability battles. A trucking law attorney will be familiar with the trucking laws, and can conduct an investigation of the accident, identify potential liable parties, secure the appropriate documentation and assess the federal and state laws for the accident.
If you have sustained a serious injury in an 18 wheeler accident lawyer or you’ve experienced a significant business loss, it is important to consult with an experienced 18 wheeler attorney instead of a general practice attorney. An El Paso Truck Accident Lawyer may also be aware of issues that arise in crashes on highly trafficked commercial streets and highways in Texas.
When a Hotshot Driver May Need a Truck Accident Attorney?
When a collision occurs between a commercial truck and another vehicle, it can become a case of evidence, insurance coverage, liability and damages. A trucking attorney with the experience to analyze the crash, determine who might be liable, hold important records and assess applicable federal and state obligations.
If you’re involved in an 18-wheeler accident and are suffering from serious injuries or major business losses, consider consulting with a seasoned truck accident attorney instead of a general practice lawyer. In addition to handling truck accidents on the streets of El Paso, an El Paso Truck Accident Lawyer can know how to deal with crashes that happen on busy freight corridors throughout the state.
Protecting Your Future After a Serious Crash
While the money in hotshot trucking is good, there are also loads that pay lots of money that can be demanding on the road and a lot of commercial traffic. After a serious collision, protecting a claim is not as simple as notifying an insurance provider. Having dash cam video, ELD data, photos, medical records, repair reports and business loss documentation can help determine the extent of damage caused by the accident.
Knowing what to expect and having the right legal advice at an early stage can also assist a hotshot driver in making sound decisions as they deal with the physical, financial and professional repercussions of a major truck accident.
