If you’ve recently been in an accident involving a commercially insured truck, you’ve likely got a thousand questions and concerns running through your mind at record speed.
We understand. We get it. Any accident can cause incredible distress. And these kinds of accidents where commercially insured vehicles are involved and/or at fault can easily amplify the stress and worry.
Finding solutions and paths toward settlement in a truck accident case involve many factors. Let’s take a look at Truck Driver Negligence and how that may affect your case.
What is Truck Driver Negligence?
Simply put, truck driver negligence is when the driver of a commercial truck operates the vehicle in a manner that breaches their duty of care.
Breaches in duty of care include (but are not limited to) driving while fatigued, falling asleep at the wheel, operating the vehicle while under the influence of drugs and/or alcohol, driving aggressively, speeding, changing lanes without proper notice or signal, failing to properly secure loads, texting, eating, drinking, talking on a cell phone, failing to take required rest breaks, not keeping an accurate driver log, and many others.
As you can imagine, these types of breaches put other drivers, vehicles and pedestrians at risk.
Truck driver negligence is a serious issue in truck accident cases. It not only helps establish the cause and party at fault in the accident. It also opens the door to evaluate the trucking company’s potential knowledge or pattern of such breaches.
It is because of the severity of their potential consequences that these kinds of patterns and practices – those that allow truck driver negligence to go unaddressed – create enormous liability for trucking companies.
How is Truck Driver Negligence Proven?
Proving truck driver negligence involves an evaluation of facts about the accident – not the least of which being an analysis of the truck driver’s condition at the time of the crash. Attorneys and insurance companies will also look into the driver’s log, the data the truck itself stores about mechanical functions and how they were performing before, during and after the accident, weather conditions, personal accounts from eye witnesses and others involved, an inspection of how loads were secured, and more.
Who is Liable for Truck Driver Negligence?
Trucking companies that vet, hire, train and employ drivers are ultimately responsible for the events that occur as a result of how their drivers go about their jobs.
If a trucking company is found to have hired unqualified drivers, offered improper or incomplete training, failed to address a driver’s violations of any kind, or otherwise irresponsibly sent a driver enroute, the trucking company will fall under viable claims of responsibility in an accident that involves their driver, their truck, and/or the load it was carrying.
Encouraging unsafe schedules in an effort to meet deadlines, run more loads, increase billings, or offer truck drivers more hours is a common issue in the industry and can lead to accidents due to fatigue, drowsiness, eating while driving, driving in unsafe weather conditions, speeding, and other traffic violations.
What To Do If You’re in an Accident You Believe Was Caused by Truck Driver Negligence?
Call the police immediately and get the medical attention you need. Reach out to an experienced attorney as quickly as possible to share the events of the crash while they are fresh in your mind, and to ensure you have the proper support and guidance you’ll need to resolve your case in a fair and timely manner.
