A trucking company's responsibility to keep its trucks safe should be the top priority concerning the safety of its drivers and other drivers on the road. However, sometimes trucking companies drop the ball, cutting corners to save money, resulting in accidents, injury, and death.
If you've been involved or injured in a crash, seek a free consultation with a truck accident attorney to discuss your best legal recourse. You may be entitled to recover financial losses and receive compensation for non-economic damages incurred because of the accident.
If you suffered the death of a loved one as a result of a trucking accident, a Fort Lauderdale truck accident lawyer can determine if you have a wrongful death suit and guide you through the legal process with compassion and care.
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Table of Contents
- Vicarious Liability and Truck Accidents
- How a Trucking Company's Negligence May Have Led to Your Accident
- Top Reasons for Big Truck Accidents
- What Is the Trucking Company's Liability for a Trucker Driver's Negligence?
- How a Truck Driver's Negligence May Have Caused the Crash
- What Is Needed to Prove Negligence in a Truck Accident?
- Compensation in Truck Accident Cases
- How a Truck Accident Lawyer Can Help
- What to Do if You Can't Afford a Lawyer
Trucking Companies' Responsibilities to Keep Their Trucks Safe
Trucking companies have many responsibilities to ensure the safety of their trucks and drivers. Three areas they must seriously factor, enforcing strict safety policies, include:
Maintaining Trucks and Equipment
A prominent trucking company's responsibility to keep their trucks safe is to maintain their trucks properly. Routine inspections and preventative maintenance of commercial trucks include:
- Checking and changing all fluids
- Checking and changing air filters
- Verifying tire pressures
- Inspecting tires (rotating and replacing when necessary)
- Inspecting and replacing brakes (when warranted)
- Battery load test
- Electrical system verification
- Inspecting hitches and axles
All trucks, trailers, and equipment must be inspected and maintained to address problems before leaving the warehouse. Skipping routine maintenance and scheduled inspections can lead to systems in the truck failing that may be responsible for causing an accident. For example, not replacing worn tires may lead to a blowout that causes a collision.
Following Commercial Trucking Regulations
Trucking companies must comply with the Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) regulations. If a violation is found, such as overloading the truck, an attorney can prove that the extra cargo weight caused the accident.
Vetting Their Drivers
Trucking companies are responsible for vetting their truck drivers properly. Things they need to obtain and investigate include:
- Criminal background checks
- Employment history
- Driving records (accidents and traffic violations)
- Professional reference checks
- Personal reference checks
A history of negligent or impaired driving may hold the company liable because it chose to ignore the risk and assume it with continued employment.
Vicarious Liability and Truck Accidents
The legal theory of vicarious liability allows an accident victim (you) to sue an employer (trucking company) and an employee (driver) after suffering harm due to the employee's negligence.
Holding the driver and the trucking company accountable for your injuries is necessary because the company likely has more significant financial resources than the driver. Truck drivers must carry an insurance policy, but the medical expenses of treating your injuries may far exceed their policy limits.
Dual accountability secures a better chance at obtaining fair compensation for your injuries and any psychological impact that you have endured. You shouldn't bear the financial brunt of an accident that wasn't your fault.
How a Trucking Company's Negligence May Have Led to Your Accident
A trucking company may be liable for the accident if its negligence contributed to the crash. There are numerous ways the company may be negligent. Here are some common offenses.
Negligent Hiring
A truck company's responsibility to keep their trucks safe also translates to hiring safe and responsible drivers. In addition to criminal background, employment, and reference checks, truckers are subject to drug testing.
If a company is desperate or short-staffed, it may overlook driver safety concerns to meet quotas and make money. An attorney can draw a correlation between a negligent driver error and the company's failure to vet it properly.
Negligent Retention
Truck companies are responsible for regularly evaluating their drivers to ensure physical and mental well-being and continued compliance with company protocols and commercial trucking regulations.
A trucking company might be liable for the trucker's actions if it retained its employees despite knowing they were non-compliant or unsafe on the road. For example, if it knows a driver has a history of substance abuse but doesn't regularly drug test the employee or continues to employ a driver with a history of road rage.
Failure to Train and Supervise
Failing to adequately train and supervise its employees may make a trucking company liable in an accident. If the company fails to provide proper training and it results in a truck accident, an attorney can prove negligence.
Hours of Service (HOS) Violations
Hours-of-service (HOS) rules are an important safety regulation in the trucking industry. They apply directly to drivers, limiting their time on duty and behind the wheel and mandating break time.
Truckers are responsible for complying with HOS rules. However, the trucking companies employing them are accountable for any failures to ensure their drivers comply or for ignoring violations to meet quotas and maximize profits.
Failure to Maintain Trucks
Again, a trucking company's responsibility to keep its trucks safe should be high on its list. Unfortunately, some businesses prioritize profits over safety. If the trucking company fails to inspect or service a semi-truck, resulting in an accident, it may be held liable for damages.
Top Reasons for Big Truck Accidents
A Large Truck Crash Causation Study (LTCCS) examining the reasons for serious accidents involving large trucks found these to be the top ten factors in big rig collisions:
- Brake problems (29 percent)
- Traveling too fast for weather conditions (23 percent)
- Unfamiliar with the roadway (22 percent)
- Roadway problems (20 percent)
- Over-the-counter drug use (17 percent)
- Inadequate surveillance (14 percent)
- Fatigue (13 percent)
- Felt under work pressure from the truck company (10 percent)
- Made illegal maneuvers (9 percent)
- Driver inattention (9 percent)
The number one reason for semi-truck accidents is due to company liability. Other notable reasons for big truck collisions are tire problems, cargo shifts, truck maintenance problems, driver illness, and illicit drug and alcohol use.
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What Is the Trucking Company's Liability for a Trucker Driver's Negligence?
To demonstrate that a trucking company is responsible for its employee's actions causing the accident, the victim or an attorney must prove:
- The trucker was an employee of the trucking company at the time of the accident. Sometimes, the trucking company can be held liable if the driver is an independent contractor.
- The trucking company must have authority over the driver's actions.
- The trucker was completing their work-related duties at the time of the accident.
Schedule a free consultation with a truck accident lawyer to access their legal insight into your truck accident claim.
How a Truck Driver's Negligence May Have Caused the Crash
There are dozens of ways that a truck driver's negligence may have caused the car crash, including these common examples:
- Speeding: Semi-trucks operating at excessive speeds have dramatically reduced stopping distances, creating a possible loss of control.
- Substance Impaired-Driving: Driving under the influence (DUI) of drugs or alcohol is illegal for all motorists. However, while the general public's blood alcohol concentration (BAC) is considered over the legal limit at 0.08, a commercial truck driver is determined to be over the legal limit with a BAC at 0.04.
- Distracted Driving: Federal law prohibits commercial truck drivers from using smartphones while driving. Talking or text messaging on cell phones is a common cause of many truck accidents.
- Fatigued Driving: A trucking company may be liable if a driver is exhausted from violating hours-of-service restrictions.
- Road Rage: If the truck driver caused the accident by displaying road rage, an experienced attorney can prove negligence.
- Improper Lane Change: Commercial trucks can have significant blind spots, and some truckers cause crashes when they change lanes without properly accounting for them.
Other traffic violations, such as failing to stop at a red light or stop sign, failing to yield, following too closely, or tailgating, are other negligent acts your attorney may use to prove liability.
What Is Needed to Prove Negligence in a Truck Accident?
The four essential elements of most negligence claims are:
- Duty of Care: Demonstrating that the truck driver had a duty of care to operate the truck safely and reasonably to the accident victim.
- Breach of Duty: Proving the trucker breached that duty of care by not following trucking regulations or traffic laws, resulting in the accident.
- Causation: Drawing a clear line between the truck driver's breach of duty and the truck accident victim's injuries.
- Damages: Proving with medical records, witness reports, post-accident journals, and other documents how the truck accident victim's injuries resulted in compensable, intangible, and punitive damages.
An experienced truck accident lawyer will examine the details surrounding your case and only take it if they believe they can prove the four elements of negligence.
Compensation in Truck Accident Cases
If you or a loved one suffered injuries or a fatality in an accident due to trucking company or truck driver negligence, you might qualify for compensation for your losses. Examples of damages your lawyer may secure include:
- Medical bills include ER visits, hospital stays, rehabilitation, mental health services, and ongoing healthcare expenses.
- Travel to and from your medical and therapy appointments.
- Loss of income, salary, benefits, bonuses, and passed-over promotions due to injuries sustained in the accident.
- Loss of future earnings if suffering from temporary or permanent disability or loss of a loved one.
- Vehicle and property repair costs.
- Funeral and burial expenses.
You may be entitled to damages like pain and suffering for the truck accident's emotional, mental, and physical toll. Keep a post-accident journal to document pain levels, changes in the ability to do everyday tasks, mental anguish, psychological trauma, and anything else that may help your attorney prove damages.
How a Truck Accident Lawyer Can Help
Collecting the evidence necessary to prove truck driver negligence can be overwhelming for the average citizen. That's why you must hire an experienced lawyer to investigate the crash, gather and analyze the evidence, and determine the cause of the accident and all liable parties.
Gather Evidence for a Solid Foundation to Your Case
Your truck accident lawyer will collect evidence, such as police reports, witness statements, photos and video surveillance of the accident scene, and pictures of your injuries immediately following the crash.
However, an attorney may also obtain helpful evidence in a semi-truck accident, including:
- Trucks Black Box: This event data recorder may provide helpful information, such as truck speed and whether the driver braked before the accident.
- In-Cab Camera: Front-facing footage may capture distracted, tired, and impaired driving, while rear-facing footage may capture a trucker tailgating.
- Truck Maintenance Records: A truck company's inspection and maintenance records may prove helpful in determining whether the truck's condition caused or contributed to the accident.
- Drug and Alcohol Testing: Test records indicating whether the driver was intoxicated when the accident occurred.
- Cell Phone Records: The truck driver's records may prove they were texting or talking on the phone and, therefore, distracted.
- Driver Dash Camera: Dash cam footage from the victim's vehicle may capture evidence of negligent lane changes resulting in the accident.
A skilled truck accident attorney may also obtain the driver's personnel folder, a personal file, which may show that they were underqualified or unsafe to operate the truck. For example, documents may outline a history of substance abuse.
Establish Liability
A truck accident attorney establishes liability by recreating the accident scene and proving the four elements of negligence. An experienced attorney notices the details the average citizen may miss when reconstructing the scene independently.
Calculate the Value of Damages
Calculating the damages of a truck accident claim involves tallying tangible expenses that can be proved with a paper trail, non-economic losses, and any punitive damages. Your truck accident attorney is more adept at placing a fair monetary value on these damages and will seek full compensation.
Handle Negotiations on Your Behalf
Negotiating is a significant part of handling your truck accident claim. An attorney acts as a buffer between you and insurance companies who attempt to get you to say or do anything to delay or dismiss your claim.
They can also negotiate with medical billing staff to reduce your account balance so that you keep a larger portion of your final settlement.
Court Representation
Most truck accident claims are settled without a need to go to trial. However, your lawyer will represent you in court if the trucking company's insurer can't agree on a fair settlement.
What to Do if You Can't Afford a Lawyer
Most truck accident lawyers take cases on contingency, alleviating the financial burden their clients might face when seeking justice and compensation. Your attorney only takes an agreed-upon percentage of the recovered compensation if they win the case. You won't owe anything if they lose. This means anyone can afford a truck accident attorney.
Schedule a free consultation with an experienced Fort Lauderdale personal injury attorney to go over the details of your truck accident today.
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Gabriel Levin - Attorney
Gabriel Levin is a highly experienced and credible attorney with over 10 years of practice in Pennsylvania. Known for his tenacity, he has represented clients in a wide range of civil matters, trying hundreds of cases. He prepares each case as if it will go to trial, ensuring meticulous attention to detail.
Unlike many firms that delegate tasks, Levin personally handles every aspect of a case and maintains open communication with clients throughout. He has secured millions in compensation, making him a reliable choice for those seeking legal representation.
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