Freight companies in West Virginia and throughout the country are unlikely to be required to use speed limiters on their trucks in the near future. This is because the Department of Transportation announced that it would not seek rules to make them mandatory. The proposed rule had lost support under the Trump administration, which has been reluctant to impose new regulations. It had also lost support within the trucking industry over the past year.
Rules related to sleep apnea were also withdrawn, according to a recent update to the DOT's regulatory calendar. It is not clear when the department would try again to pursue rules requiring some truck drivers to get screened for obstructive sleep apnea as part of medical screening. According to the Federal Motor Carrier Safety Administration, there was insufficient data to pursue such a rule.
If an accident is caused by truck driver fatigue or a driver going too fast for road conditions, that driver may be liable for damages. An injured victim may be able to pursue a personal injury lawsuit against the driver as well as the trucking company. Injured victims may be entitled to compensation for medical bills and lost wages.
Victims could also be entitled to compensation for lost future earnings and other damages as allowed by law. An attorney might be able to help gather evidence such as witness statements, police reports and the results of driver chemical tests. Expert witnesses may also be called to help establish that driver negligence caused the accident. Cases may be resolved through a negotiated settlement or by presenting evidence to a jury.