Author: Barry Walker

Negligence in Truck Accident Cases

Negligence in Truck Accident Cases

The vast majority of personal injury cases stemming from truck accidents are litigated under the legal theory of negligence. Negligence is defined as a the failure to exercise reasonable care in order to avoid a foreseeable harm to another person. If negligence results in financial, emotional, or physical injury to someone who is owed a duty of care, then the negligence gives rise to liability for damages. In truck accident cases, the trucking company, truck driver, or another party may be liable for negligence, and thereby accountable for any injuries sustained as a result of that negligence. In order to prove negligence, the experienced truck accident attorneys at Our Law Firm must undertake an exhaustive review of all factors involved in your accident.

To demonstrate to the judge or jury that a truck driver, trucking company, or other party was negligent in causing your truck accident, the following must be proven:

That the defendant owed you a duty of care. This is generally proven with little difficulty, as all vehicle operators owe a duty of care to the other drivers on the road.

That the defendant breached that duty of care by failing to prevent a foreseeable risk of injury.

That the defendant’s breach of duty caused your injuries.

That you have suffered monetary damages as a result of the defendant’s negligence.

Did you know that if you were in any degree at fault for contributing to the cause of your truck accident, you may be barred from recovering for your injuries? This is because law follows the doctrine of contributory negligence, which bars any recovery by the person bringing the lawsuit if he or she was in any way responsible for the accident. Thus, if the judge or jury in your truck accident case determines that you were even 1% at fault for causing your own injuries, you will be prohibited from recovering damages in your case.

If you were injured as a result of the negligence of a truck driver, trucking company, or other party, it is important to contact an experienced truck accident attorney.

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Negligence of Trucking Companies in Truck Accidents

Negligence of Trucking Companies in Truck Accidents

A trucking company may be deemed negligent in causing a truck accident if it fails to maintain its fleet in reasonable condition or fails to ensure the qualifications of its drivers as a means of preventing a foreseeable risk to other motorists. It is the responsibility of the trucking company to make sure that the drivers it hires are properly certified and have demonstrated both competence and ability to operate large trucks. These companies are also required to meet the minimum standards for maintaining commercial vehicles set forth in the Code of Federal Regulations (CFR). Failure to adequately meet these standards may give rise to a negligence claim if it results in a truck accident.
Driver Qualifications
Large trucks often carry toxic or hazardous materials and haul other loads that can weigh as much as 50,000 pounds. Understandably, strict licensing requirements are in place for the transport of these types of loads. Trucking companies must ensure that their drivers have passed both a knowledge test and a skills test appropriate to the type of commercial vehicles they are hired to operate. Trucking companies are also required to run criminal background checks and driving history reports before employing drivers. Failure to fulfill these responsibilities amounts to negligence. If the company’s negligence contributes to the cause of a truck accident that results in injury or death, the trucking company may be wholly or partially responsible for compensating the victims or their families.
Proper Fleet Maintenance
Trucking companies must also adhere to the minimum requirements set forth in the CFR for the proper maintenance of their fleet. This includes ensuring that brakes are in good repair, confirming that tires and wheels show no signs of excessive wear, and maintaining lights, signals, and other equipment in working order. Failure to meet these minimum requirements may give rise to liability for injuries sustained as the result of improper maintenance of the vehicle.
If you or someone you know has been injured in a truck accident involving an improperly maintained truck or inadequately licensed driver, you should immediately seek the advice of an experienced truck accident attorney.

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Driver Negligence in Truck Accident Cases

Driver Negligence in Truck Accident Cases

A truck driver may be held liable for negligence if he or she fails to act in a reasonable manner to prevent the risk of foreseeable harm to other motorists. Truck drivers have a legal responsibility to observe a minimum standard of care when loading, inspecting, and operating a commercial vehicle. Drivers who fail to exercise this care may be liable for negligence in causing a truck accident.
Drivers must be careful to properly secure the goods that they are transporting. Often, large trucks haul loads that are not transported in an enclosed trailer, but rather must be secured to a flatbed trailer. In these cases, it is the driver’s responsibility to make sure that the load being hauled is properly secured to the trailer and will not shift or fall during transport. If injury or death results from an improperly secured load, the driver may be held liable for compensating the injured parties.
Although the trucking company is responsible for the proper maintenance of its trucks, the truck driver is responsible for regularly inspecting the condition of his or her truck. A driver should be proactive in discovering any items such as inoperative headlamps, taillights, or turn signals that may need repair or replacement and bringing those items to the attention of the trucking company’s mechanics. It is therefore necessary to conduct a thorough investigation of your truck accident in order to identify who is liable for your injuries.
A driver is also obligated to use extreme caution when operating large trucks because of the inherent hazards involved in commercial vehicle operation. Reckless driving may result in catastrophic injury, such as spinal cord damage or paralysis, traumatic brain injury, or severe, disfiguring burns or scars. A driver may be deemed negligent if he or she drives at excessive speeds, tailgates, or fails to yield the right of way, thereby causing injury or death to unsuspecting motorists.
Driver Fatigue
One of the primary causes of truck accidents is driver fatigue. Lack of sleep can seriously impair any driver’s ability to operate a vehicle, let alone a commercial vehicle. A fatigued driver runs a greater risk of reacting more slowly to road hazards, thereby causing crashes that injure and kill other motorists. Although there has been much government regulation intended to curb driver fatigue in recent years, commercial vehicle operators continue to drive while tired. When a motorist is injured or killed as a result of driver fatigue, the driver – and even his or her employer – may be liable for damages as a result of the crash.
The Code of Federal Regulations (CFR) sets forth rules, which place specific limitations on the maximum number of consecutive hours a driver may operate a commercial vehicle, as well as the minimum number of hours of rest that are required before a driver can resume work. Federal law only allows commercial vehicle operators to drive up to eleven hours in one work shift, and prohibits driving after fourteen hours have passed since the beginning of the shift. The law also requires at least ten consecutive hours off duty before the beginning of a new shift. In addition, truck drivers are required to keep a log book, which records their driving hours for any 24-hour period. Unfortunately, drivers and trucking companies often bend or break these rules in order to meet deadlines and maximize profits. If you believe driver fatigue was a factor in causing your injuries, contact the truck accident lawyers at Our Law Firm today.
Driver Criminal Behavior
A truck accident may also be caused by a driver’s criminal behavior, such as driving under the influence of drugs or alcohol. Unfortunately, truck drivers are often expected to adhere to unrealistic schedules for transporting goods long distances. This may lead a fatigued and overworked driver to use methamphetamines or other stimulants in an effort to stay awake during long hauls. Drug use not only impairs a driver’s ability to operate the vehicle, but also places other motorists in danger of serious injury or even death if an accident results.
A truck driver may also cause an accident while operating the vehicle under the influence of alcohol, although the incidence of drunk driving among commercial vehicle drivers has declined in recent years. This is likely due to strict government regulations concerning drinking and driving for commercial vehicle operators. According to federal regulations, truck drivers are prohibited from operating any motor vehicle with a blood alcohol content (BAC) of .04% or more. This is well below the legal intoxication limit of .08% for other motorists. According to the Insurance Institute for Highway Safety, only 5% of truck drivers who were killed in large truck crashes in 2006 had a BAC at or above .08%, down from 17% in 1982. Nevertheless, some truck drivers do still drive under the influence of alcohol, which impairs their ability to operate a large truck and places other motorists at risk of catastrophic injury.

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