How Dangerous Roads Lead To Truck Accidents
While truck driver error is the leading cause of commercial truck accidents, other parties may act negligently to cause an accident, as well. Such parties include trucking companies, manufacturers, and government entities. This means that when a truck driver loses control of their truck and causes an accident, we should not always automatically assume the driver was at fault.
If you have suffered injury in a truck accident and wish to recover for your injuries, it is imperative that you bring your legal claim against the correct party who acted negligently1. If you bring a claim against the incorrect party and have no evidence of negligence, your case will likely be dismissed. Identifying who—or what—was truly at fault in an accident can often require a thorough investigation of the circumstances leading up to and surrounding the incident. For this reason, you should always have an experienced truck accident lawyer handling your case who knows how to correctly identify the negligent party. The attorneys at the Doman Law Group in Clearwater, FL provide the highest quality of representation, so call us today at 727-451-6900 for a free consultation.
Dangerous Road Hazards
Some drivers may lose control of a commercial vehicle because they unexpectedly encountered some type of dangerous road hazard or condition. Some examples of conditions on roads that may lead to a truck collision include the following:
- Pavement that is overly worn
- Large cracks
- Failing to properly mark lanes
- Lanes that are marked too narrowly
- Not having an adequate shoulder for emergency stops
- Failing to have necessary barriers
- Having improperly timed traffic signals
- Not having warning signs regarding sharp curves, hidden intersections or other potentially dangerous hazards
The government entity in charge of the road in question—usually the local municipality or state Department of Transportation2—has a legal duty to regularly inspect and properly maintain the roads so that they are safe for motorists to use. If the government fails to do so and injuries occur, the government may be held liable for any losses related to the accident. However, bringing a personal injury claim against a governmental entity generally involves complicated and unique legal or procedural issues3, so you should always hire a lawyer who has experience filing acclaims against the government.
Commercial trucks are at an especially high risk of causing collisions in highway construction zones. Construction zones can be particularly dangerous because of narrow lanes, uncommon lane changes or closures, sudden traffic stops, and more. A construction crew is required to always clearly mark any potential hazards or road conditions that may be out of the ordinary or dangerous to warn motorists. If a truck driver is involved in an accident because there was not sufficient warning of hazards, the construction company should be held liable and should be the subject of a personal injury claim.
Drivers fail to adapt to road conditions
In other situations, a truck driver may be at least partially at fault even if a dangerous road condition was involved in causing the accident. Truck drivers have a legal duty to adapt their driving behaviors if any type of adverse road or weather conditions exists. If a truck driver is aware that a road has certain hazards, he is expected to slow down, choose another route, or take other appropriate precautions to drive in a safe manner. If a driver decides to speed while changing lanes on a highway he knows has uneven pavement between lanes and causes a collision as a result, the driver acted in a negligent manner and should be held at least partially responsible for the losses suffered by any victims.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33756