pahunkboy
Posts: 33061
Joined: 2/26/2006 From: Central Pennsylvania Status: offline
|
quote:
ORIGINAL: LadyEllen PA - if you cant get the cctv tape from the store, try the next best thing - and I am assuming here that the same sort of thing applies in the US regarding trucks as applies in Europe. In Europe, trucks over a certain size (and definitely semi trailer trucks) have to be fitted with a tachograph machine. This records onto a paper chart the speed of the truck throughout the day, the times it is being driven and for how long. Using this chart, it is easy to see whether the truck was driving over the speed limit at the time of the accident, and/or whether the driver had been at the wheel for too long (again assuming that in the US there are drivers' hours regulations), either of which could be useful to you in proving negligence - both of which should the driver have been within the law, the truck company would I am sure provide to you readily to put you off - meaning that if this chart is available and shows breach of regulations/laws, they are not going to want you to see it, though should all this be in place in the US then its for sure that for the moment the police will have these charts to analyse themselves regarding the accident with a view to prosecution in the case of breaches. Alternatively, and far better, we now have in Europe a digital tachograph implementation. The new machines do not use paper charts to produce records, but instead produce a digital record which can be downloaded. Same principles apply. I could check for you if it comes to it, as to whether these machines also record braking etc. Also relevant could be the maintenance records for the truck, which might show for instance that it had not been serviced in the required period, and thus maybe give you a shot at showing that for instance, the brakes might have been defective, the tyres needed replacing etc. Also maybe relevant - was the trailer loaded at the time, and if so to what weight? if it were overloaded for its design or legally approved payload then this would have a definite effect on its ability to stop in time, if thats an issue here. Any innocent trucking company would be happy to provide you with all this information to prove their innocence I'm sure - otherwise I'd have thought a decent lawyer could force disclosure of it. But in closing, I'll just say that in Europe at least, the vast majority of the guys (and a few gals) that drive these rigs as a job are outstanding individuals. They drive for up to ten hours a day, and do another four or five hours other work on top of that every day too. They have to put up with being away from their homes and families for weeks at a time often, and are working to deadlines in often difficult conditions in a way that not many others will ever know. Having travelled across Europe on two occasions as a passenger in the cab with drivers, I know for sure that I couldnt do their job, and having spent nearly 20 years around them I can say that with very few exceptions they are true professionals who would never do anything that might affect their careers. Ok- ty. I have 3 letters to mail out. i am in action as of NOW. with out going into specifics- the screwer- aint going to be happy. once i get into gear- i can play hardball. fair, but firm. Thanks to all the replies on this. I have filled out some forms and think I have it all covered for now. My brain is my best muscle. as long as teh apple cart is upset, FREE apples for all!!!! yay!!! BIG HUGS to ALL!!!! :-)
|