Trucking Company Negligence
Trucking companies often neglect safety regulations, which can cause accidents on highways involving large trucks. When this happens, truck accident victims may be able to seek compensation for their injuries and other losses due to trucking company negligence.
At The Lanier Law Firm, our truck accident attorneys have been helping victims of trucking company negligence hold these companies accountable for their carelessness since 1991. We know that determining liability in a truck accident can be challenging.
One reason for this is that there could potentially be multiple liable parties, including the trucking company. However, we also know that it’s essential for victims of truck crashes to investigate all potentially liable parties to ensure they can recover the full amount of compensation they need.
Here is what you need to know about acts of negligence by trucking companies, how they contribute to collisions, and how this may affect your legal claim if you have been hurt in a truck accident.
What is trucking company negligence?
Trucking company negligence refers to instances where trucking companies fail to follow safety regulations, provide proper training, maintain their vehicles, and meet other crucial standards set by authorities like the Federal Motor Carrier Safety Administration (FMCSA).
This negligence can directly or indirectly cause severe accidents, resulting in immense physical, emotional, and financial distress for victims.
Common Examples of Trucking Company Negligence
Trucking companies have a legal responsibility to ensure that their drivers are trained and qualified to operate their vehicles safely and efficiently. If a driver has not received adequate training and causes an accident, the company can be held liable for damages, injuries or fatalities that result from the accident.
Proper training includes not only the technical skills of driving but also understanding and complying with regulations, safety procedures, and protocols. It is critical for trucking companies to invest in proper training programs and ensure that all their drivers receive the necessary training to avoid accidents and prevent potential legal liability.
Inadequate Truck Maintenance
Commercial trucking companies are responsible for ensuring that their vehicles are properly maintained and in good working condition. This includes routine inspections, repairs, and replacements of any faulty parts. If a trucking company fails to properly maintain its vehicles, and as a result of this negligence, an accident occurs, the company can be held responsible.
This means that the company may be required to compensate any victims for their losses, which can include medical expenses, property damage, and lost wages. It is important for trucking companies to take their maintenance responsibilities seriously to help prevent accidents and protect drivers on the road from injury due to trucking company negligence.
Trucking companies have a duty to ensure that their drivers are not forced to work under conditions that would compromise their safety. If a company pressures its drivers to meet unrealistic schedules, which in turn causes them to skip rest breaks or drive fatigued, the company can be held liable for negligence.
Such behavior can be considered negligent on the part of the trucking company, and they can be held responsible for the consequences of any accidents that result from their actions. In short, trucking companies should prioritize the safety of their drivers and other road users over meeting unrealistic schedules.
Failure to Properly Screen Drivers
When a trucking company hires a driver, they are responsible for ensuring that the driver is qualified and safe to operate a commercial vehicle. This includes checking the driver’s driving history, criminal record, and other relevant information.
If the company hires a driver with a history of DUIs, reckless driving, or other major infractions without properly vetting them, and that driver causes an accident, the company can be held legally responsible for any damages or injuries resulting from the accident.
This is why it is important for trucking companies to conduct thorough background checks on potential drivers before hiring them.
Violating Federal and State Regulations
The Federal Motor Carrier Safety Administration (FMCSA) sets forth a set of guidelines and regulations that trucking companies are required to follow. These regulations are designed to ensure the safety of everyone on the road by establishing standards for driver qualifications, vehicle maintenance, hours of service, and more.
If a trucking company fails to comply with these regulations, it can be deemed negligent. This can result in legal action, fines, and other penalties.
Negligent Loading Protocol
When cargo is not properly secured during transportation, it can shift and cause accidents. In such cases, the trucking company or its agents can be held responsible for any damages or injuries resulting from the accident. Therefore, it is very important to ensure that cargo is properly secured before transportation to prevent any potential truck accidents due to trucking company negligence.
Federal Rules Aim To Prevent Crashes Due to Trucking Company Negligence
The Federal Motor Carrier Safety Administration (FMCSA) establishes and enforces strict regulations for trucking companies to ensure the safety of drivers and other road users. If a trucking company fails to comply with FMCSA regulations, this can be considered negligence, and the trucking company may be liable for damages.
These regulations cover a wide range of areas, including:
- Hours of Service (HOS) Rules: limit the number of hours a truck driver can drive without taking breaks.
- Drug and Alcohol Testing: mandates pre-employment, post-accident, random, and reasonable suspicion drug and alcohol testing for drivers.
- Maintenance and Inspection Rules: require regular inspections of commercial vehicles.
- Cargo Securement Rules: set requirements for proper tie-downs and securement for different types of cargo.
- Weight, Size, and Route Limitation: establish weight limits for trucks, which can vary based on the number of axles and spacing between them.
- Record Keeping: requires trucking companies to maintain records of driver hours, vehicle maintenance, and other essential data through Electronic Logging Devices (ELD).
- Training Requirements: new drivers must undergo specific training before operating a commercial vehicle.
The Importance of Exploring Trucking Company Negligence After a Semi-Truck Accident
When a trucking company is involved in an accident, it is crucial to understand the extent of their negligence. This is because it can determine the scope of liability and ensure that all responsible parties are held accountable.
By doing so, accident victims can increase their chances of receiving a more substantial compensation claim. This compensation can cover various expenses, including medical bills, lost wages, emotional trauma, and more.
If you’re involved in a trucking accident, it’s essential to consider the role of trucking company negligence and seek legal assistance to help you navigate the legal process.
Contact Our Trucking Company Negligence Accident Lawyers Today
If you or someone you love has been injured in an accident involving a commercial truck, do not hesitate. It is vital to seek legal representation as soon as possible following your collision.
Victims often experience skyrocketing medical bills, lost wages, and property damage costs. You should not be responsible for the financial burdens resulting from an incident caused by a negligent trucking corporation.
Our friendly staff is ready to review the elements of your truck accident case. Contact us today to schedule a no-cost, no-obligation case evaluation. Let Lanier Law fight diligently on your behalf!