What Is The Statute of Limitations for Trucking Accident?

State laws determine how long victims have to file suits for different types of tort claims. This legal time limit is referred to as the “statute of limitations.” If you attempt to file a lawsuit for trucking company negligence after the statute of limitations has expired, your case will probably be dismissed. Because of the time limit on your claim, make sure to speak with a seasoned commercial truck accident attorney as soon as possible. In the state of California, personal injury victims are required to file a lawsuit for damages within two years of the initial incident. The Texas legislature has also passed a two-year time limit for personal injury claims. New York residents have a bit longer to pursue financial compensation. The state of New York places a three-year statute of limitations on car accident claims. In some instances, there are exceptions to these statutes of limitations. The circumstances of your trucking company negligence case may influence how long you have to file. For questions regarding the statute of limitations in your potential claim, reach out to the knowledgeable team at Lanier Law. We will assess your case and ensure that your lawsuit is filed within the legal time limit.

What Are the Types of Compensation in Truck Accident Cases?

Most people are unaware of the many negative consequences that can result from a commercial truck collision. Because of this, you may not know what level of compensation you can hope to recover following your accident. Like most civil claims, truck accident cases usually involve two categories of financial payment for victims. “Damages” are the financial disbursements intended to compensate victims for their injuries. The two most common categories of damages are “economic” and “noneconomic.” Economic damages are payments intended to compensate for the loss of money resulting from the accident. Some of the most common examples of economic damages in tort claims cover: Property and vehicular repair or replacement Lost wages from missing work Medical bills and expenses Expected costs of future medical care Long-term loss of earning capacity Physical therapy and rehabilitation costs

Who is responsible for the correct loading of a truck? After an accident, who may be liable?

Many commercial truck accidents are the result of driver mistakes or carelessness. But other circumstances resulting in collisions may leave trucking companies liable. Trucking companies are regulated to promote the safety of other drivers on the road. If a company incentivizes its drivers to violate regulations, it can be held accountable. For instance, if a motor carrier requires its employees to work too many hours, this could result in fatigued driving, which is a leading cause of collisions.

Are truck drivers responsible for their cargo? Who is responsible for securing loads on trucks?

In many cases, trucking companies are responsible for how the cargo is loaded onto their trucks. If the motor carrier was involved in improperly loading a truck, it may be responsible for a resulting crash.

When Should I Contact a Lawyer for Trucking Accident?

If you have been involved in a commercial trucking accident, contact an attorney immediately. Insurance providers often attempt to offer victims a quick but inadequate settlement amount. Do not let this happen to you. One of the seasoned tort attorneys at Lanier Law will carefully assess your situation and help you recover the money you deserve.

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.

Home » Most Common Causes of Truck Accidents » 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

Here are some of the most common causes of truck accidents due to trucking company negligence.

Inadequate training

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.

Pressuring Drivers

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!

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