A Foggy Windshield Can Be a Sign of Negligence for a Commercial Truck Driver
Commercial truck drivers need to remain completely focused on the road and any mistakes they might make can quickly be catastrophic. Anything that can obstruct the view of a truck driver would be the fault of the driver if they do not take the steps necessary to correct the problem.
Causes of a Foggy Windshield
A windshield can become foggy when there are substantial differences between the outside and inside of the truck. When the temperature is warmer than outside the vehicle, this can lead to condensation forming. By turning up the heat and using the windshield wiper, the commercial truck driver can clear the windshield.
The reason why many drivers fail to clear their windshields and create dangerous situations is that they are often in a hurry. As a result, they might make careless mistakes that can lead to accidents. Drivers are often hurrying because they are placed under tight schedules and are trying to earn as much money as possible by making as many deliveries as they can.
Determining Liability When a Careless Driver Causes an Accident
If a careless driver causes an accident, the truck driver might be held directly responsible for the accident if they are an independent contractor. However, in some cases, the employer might be held responsible for any injuries through what is called "vicarious liability."
The employer might be placing a substantial amount of pressure on its employees to work longer hours than they are legally allowed to. To remain in compliance with regulations, truck drivers are expected to keep driving logs. The employer might also encourage the driver to not keep driving logs or to be dishonest. In many cases, vehicles must keep electronic logs. However, some states do not require this and the employer might ask an employee to simply fabricate their driving logs.
Negligence and Punitive Damages
Either the driver or the employer could be held liable for punitive damages as a result of being negligent. This is the case when your commercial truck accident case goes to court and the judge decides to award a substantially larger number of damages to punish one or both parties for gross negligence.
Because both the driver and the employer are responsible for making sure that the vehicle is operated in the safest manner possible, your truck accident attorney can help you build a case to reach a settlement in the form of punitive damages.