Negligence that can Lead to Truck Accidents
In order to recover compensation after an accident with a large commercial truck, you generally must prove that another party was negligent in causing the accident. Many different parties can be responsible for causing truck accidents and the following are only some examples of negligence1 in truck accident cases.
According to a study by the Federal Motor Carrier Safety Administration (FMCSA),2 most truck accidents happen because a truck driver made an error. Commercial truck driver are responsible for operating large vehicles that can weigh 80,000 pounds and can cause severe injury and damage if they crash. For this reason, they are expected to always operate their trucks in a safe manner. Some common negligent acts by truck drivers can include:
- Texting or engaging in other types of distractions while driving
- Driving under the influence of drugs or alcohol
- Engaging in aggressive driving, such as tailgating or intimidating other drivers
- Speeding, especially in adverse weather or road conditions
- Not properly performing pre-trip inspections
- Driving for longer than allowed by FMCSA hours of service regulations, which can result in fatigued driving
- Violating other FMCSA regulations or local traffic laws
- Driving with a dangerous health condition that could result in an emergency behind the wheel
A trucking company may often be held liable for the actions of its drivers, however, a company may also be negligent on its own and lead to a crash. Examples of trucking company negligence include:
- Hiring unsafe or unqualified drivers
- Not maintaining or inspecting its trucks
- Encouraging hours of service violations or other unsafe behaviors
- Failing to perform the required drug and alcohol tests on drivers
- Not properly disciplining or suspending drivers for alcohol, drug, or other reckless driving violations
In some cases, a third party may be responsible for causing a truck accident, including the following:
Truck manufacturer – They can sell defective truck parts and a malfunction can cause a driver to lose control and crash.
Cargo loaders – They can overload a truck or fail to properly secure cargo inside a trailer, which can hinder the driver’s ability to brake or turn the truck.
Mechanic – If a mechanic fails to properly fix a truck, it may be held liable if that part malfunctions and causes and accident.
Government entity – Government agencies that fail to properly maintain and repair roadways can be held liable for accidents that occur as a result of hazards.
Contact an Experienced Clearwater Truck Accident Attorney for Help
Identifying negligence in a truck accident case can be challenging and your chance to be compensated depends on the ability to do so. For this reason, it is necessary to have a highly experienced truck accident attorney handling your case who has the resources to fully investigate your crash. If you have been in a truck accident, please call Dolman Law Group at 727-451-6900 for a free consultation to discuss your case today.
Dolman Law Group
800 North Belcher Road
Clearwater, FL 33765