When a potential client who was injured in a truck accident contacts one of our truck accident lawyers, they are often unsure who the at-fault party is – the truck driver or the trucking company the driver works for. In most cases, both the driver and the company are liable for the accidents.
If you or a loved one have been injured in a truck accident, it’s crucial to have a personal injury lawyer experienced in truck accidents advocating for you. At Shapiro, Washburn & Sharp, our car accident law firm has extensive experience handling these complex cases. We are committed to ensuring our clients receive the compensation they deserve. Contact us today at 833-997-1774 for a free consultation to discuss your case and explore your legal options.
How Does a Lawyer Determine Truck Accident Negligence?
In most truck accident cases, the driver is almost always a party to the claim. If they’re an independent contractor, they may be the primary defendant, but most of the time, they’re actually the employees or the agents of the company for whom they work. In those instances, the company is responsible for their negligence.
As a truck accident lawyer prepares the accident claim, they will not only look at the incident itself but also investigate the truck driver’s past history and the company’s employment practices to see if they can show past negligent conduct by the driver or the company to strengthen the truck accident claim.
How Common Is Truck Accident Negligence?
Truck driver negligence is a significant factor in many accidents involving large commercial vehicles. These accidents can result in serious injuries, fatalities, and significant property damage. Truck drivers are responsible for operating their vehicles safely and responsibly, but negligence can lead to devastating consequences. A truck accident attorney can help accident victims get the compensation they deserve.
Does Distracted Driving Ever Play a Role in Truck Accidents?
Distracted driving is widespread among all drivers, but it can be particularly dangerous when a truck driver is involved. Truck drivers often spend long hours on the road, leading to boredom and a tendency to engage in distracting behaviors. Examples of distracted driving by truckers include:
- Texting or using a mobile phone while driving
- Eating, drinking, or reaching for items within the cab
- Using in-cab entertainment or navigation systems without proper hands-free technology
- Reading or writing notes, documents, or logs while driving
Distracted driving diverts a truck driver’s attention from the road, making it more difficult to react to changing traffic conditions or unexpected hazards. Accidents resulting from distracted driving can have catastrophic consequences, including multi-vehicle collisions and severe injuries.
To prove that distracted driving caused the crash, a truck accident lawyer will examine the accident investigation report, the truck driver’s cell phone data, black box data, and witness statements.
How Does Fatigue Impact a Truck Driver’s Ability to Safely Operate?
Truck drivers often face tight schedules and long hours on the road. Fatigue can impair their judgment, reaction time, and overall alertness, increasing the risk of accidents. The Hours of Service (HOS) regulations limit the amount of time truck drivers can spend driving and require specific rest periods. Examples of violations that lead to fatigue-related accidents include:
- Exceeding the maximum driving hours allowed in a single day or week
- Falsifying logbooks to conceal the actual time spent driving
- Ignoring mandatory rest breaks and driving continuously for extended periods
Fatigue-related accidents can have devastating consequences, as drowsy truck drivers may fail to recognize hazards, drift into other lanes, or rear-end vehicles due to slowed reaction times.
Is Speeding a Common Cause of Truck Accidents?
Speeding is a prevalent form of truck driver negligence that can lead to accidents. Commercial trucks require more time and distance to come to a complete stop than smaller vehicles, and high speeds reduce a truck driver’s ability to react to sudden changes in traffic or road conditions. Examples of reckless driving behaviors by truckers include:
- Exceeding posted speed limits
- Failing to adjust speed to adverse weather conditions, such as rain, snow, or fog
- Tailgating or following too closely
- Weaving in and out of traffic lanes aggressively
Speeding and reckless driving by truckers can lead to rear-end collisions, loss of control, and devastating accidents with severe injuries or fatalities.
How Prevalent Is the Problem of Driving Under the Influence for Truck Drivers?
Impaired driving involving alcohol, drugs, or prescription medications is another significant form of truck driver negligence. Operating a commercial vehicle under the influence is not only illegal but also extremely dangerous due to the size and weight of these vehicles. Examples of impaired driving by truckers include:
- Consuming alcohol or drugs while on the road.
- Operating a commercial truck with a blood alcohol concentration (BAC) above the legal limit.
- Using prescription medications that impair judgment and motor skills.
Impaired truck drivers are more likely to make poor decisions, have slowed reaction times, and experience impaired judgment, which increases the risk of accidents with severe consequences.
There are a number of ways your truck accident lawyer can prove impairment, including any citations at the accident scene, background and history of the driver, results of drug and alcohol tests, and the results of any field sobriety tests conducted at the scene of the accident by law enforcement.
How Can Your Personal Injury Law Firm Help?
If you or a loved one were injured in a truck accident, do not try to deal with the trucking company and its insurance company on your own. Call Shapiro, Washburn & Sharp at 833-997-1774 to schedule a free consultation and find out how we can help get you the compensation you are entitled to. We handle cases on a contingency-fee basis, so you won’t pay any legal fees unless we win your case.