Truck Driver Negligence

With trucking accidents on the rise over the last several years, the federal, state and local governments as well as truck manufacturers have recognized that big rig trucks result in a large portion of fatal traffic accidents on the roadways throughout America.  Truck driver fatigue is one of the leading causes of these accidents. Trucker driver negligence may include:

• Driving under the influence or drugs or alcohol
• Driving at excessive speed
• Not properly inspecting condition of vehicle
• Not securing load properly or overloading vehicle
• Being inattentive to highway, traffic and weather conditions
• Truck driver fatigue when long distance truck drivers spend too much time behind the wheel

Determining Truck Driver Negligence, Liability and Fault

The Fatality Analysis Reporting System (FARS) contains data on a census of fatal traffic crashes that occur in all 50 states, the District of Columbia, and Puerto Rico.  If it is determined that the truck driver caused the accident and is at fault, then both the driver and the trucking company can be held liable for any wrongful death.  The consequences could lead to jail time, fines, license suspension and civil suits.

The cause of many big rig accidents can be traced back to irresponsible trucking practices on the part of the driver, the company responsible for maintenance or parties who loaded the truck.  However, in some cases, it may be not be truck driver error, but an error on the part of the passenger car when passing or approaching a big rig. 

How Lawyers Can Help

When fatal truck accidents are caused by truck driver fatigue or truck driver error, the decedent’s family has the legal right to seek compensation for the accident damages.  An experienced truck accident injury attorney can help you put together a case that will increase your chances of being awarded a settlement.

In the case where a truck driver is charged with negligence, they may find themselves at odds with their employer.  Experienced truck accident lawyers can assist in defending these charges.