Did a Trucking Company’s Negligence Cause Your Accident?
A serious semi-truck accident can change your life in seconds. What may initially appear to be a driver’s mistake could reveal a much larger problem involving the trucking company’s hiring practices, vehicle maintenance, driver schedules, or failure to follow federal safety regulations.
Commercial trucking companies have a responsibility to operate safely and follow regulations that protect everyone sharing the road. When companies ignore these obligations, they can put motorists and their families at risk of devastating injuries.
At Gallon, Takacs & Boissoneault, our experienced truck accident attorneys represent injured individuals and families throughout Northwest Ohio and Southeast Michigan. We investigate trucking safety violations, identify negligence, and fight to hold responsible companies accountable for the harm they cause.
What Are Common Trucking Safety Violations?
The Federal Motor Carrier Safety Administration (FMCSA) establishes safety regulations for covered commercial trucking operations. These rules address driver qualifications, vehicle inspections, maintenance, driving hours, and cargo securement.
When trucking companies or drivers violate applicable regulations, they can increase the risk of serious highway accidents.
1. Negligent Hiring and Driver Qualifications
Trucking companies must ensure that drivers meet applicable federal qualification standards before allowing them to operate commercial vehicles.
Under federal driver qualification requirements, motor carriers must review certain driving records, verify required qualifications, and maintain driver qualification records.
Negligent hiring or supervision may involve:
- Allowing an unqualified driver to operate a commercial truck
- Failing to conduct required driving record reviews
- Ignoring evidence of unsafe driving behavior
- Failing to verify required commercial driving credentials
- Allowing drivers to operate without required medical qualifications
When a trucking company places an unqualified or unsafe driver behind the wheel, it may bear responsibility if that decision contributes to an accident.
2. Improper Truck Maintenance and Safety Inspections
Commercial trucks travel thousands of miles while carrying heavy loads. Their brakes, tires, steering systems, and other essential components require regular inspection and maintenance.
Federal regulations under 49 CFR Part 396 require motor carriers to systematically inspect, repair, and maintain vehicles under their control.
Trucking safety violations may include:
- Operating trucks with defective brakes
- Failing to replace damaged or excessively worn tires
- Ignoring reported steering or suspension problems
- Skipping required vehicle inspections
- Failing to correct safety-related mechanical defects
- Maintaining incomplete or inaccurate inspection records
A preventable equipment failure can have catastrophic consequences when a large commercial truck loses control in traffic.
If poor maintenance contributes to a collision, our attorneys examine inspection reports, repair histories, and other records to determine whether the trucking company failed to meet its safety obligations.
3. Truck Driver Fatigue and Hours-of-Service Violations
Fatigue can impair a truck driver’s judgment, slow reaction times, and reduce awareness of surrounding traffic.
The FMCSA establishes hours-of-service regulations that limit driving time and establish required rest periods for covered commercial drivers.
These regulations aim to reduce fatigue-related accidents, but violations can occur when drivers exceed permitted driving hours or companies pressure drivers to meet unrealistic delivery schedules.
Potential warning signs include:
- Drivers exceeding applicable hours-of-service limits
- Inaccurate or falsified driving logs
- Insufficient required rest periods
- Dispatch schedules that encourage unsafe driving
- Failure to address known fatigue-related safety concerns
Electronic logging device records, dispatch communications, and driver schedules may provide important evidence when investigators suspect fatigue contributed to a truck accident.
4. Overloaded Trucks and Improper Cargo Securement
A truck’s weight and cargo distribution can significantly affect its stopping distance, stability, and handling.
When trucking companies or others responsible for transporting freight overload trailers or fail to secure cargo properly, they increase the risk of rollovers, jackknife accidents, falling debris, and loss of control.
Common safety problems include excessive weight, uneven load distribution, inadequate tiedowns, and cargo that shifts during transport.
Federal cargo securement regulations establish requirements for covered commercial vehicles. Motor carriers and drivers must meet applicable obligations, while other parties involved in loading freight may also face liability depending on their conduct.
Learn more about how overloaded and improperly loaded trucks can cause serious accidents.
5. Distracted Driving and Unsafe Truck Operation
Commercial drivers must remain alert and operate their vehicles safely, particularly in heavy traffic, construction zones, and changing road conditions.
Federal regulations restrict texting and handheld mobile phone use while driving covered commercial vehicles.
Other forms of unsafe driving may include speeding, following too closely, making dangerous lane changes, or failing to adjust speed for traffic and weather conditions.
When a truck driver engages in unsafe behavior, investigators may examine whether the trucking company knew about previous violations, adequately supervised the driver, or otherwise contributed to the collision.
Can a Trucking Company Be Held Liable for Safety Violations?
Yes. A trucking company may face liability when its negligence contributes to an accident, including situations involving unsafe hiring decisions, inadequate maintenance, improper supervision, or violations of applicable trucking safety regulations.
However, proving a regulatory violation does not automatically establish every element of a personal injury claim. Investigators must determine how the conduct contributed to the collision and whether it caused the injuries.
Depending on the circumstances, responsibility may involve the truck driver, motor carrier, cargo loading contractor, maintenance provider, or other parties.
Our attorneys examine the relationships between these parties and investigate whether their actions contributed to the crash.
How Do Attorneys Prove Trucking Company Negligence?
A commercial trucking accident investigation often requires more than a police report or an insurance company’s description of what happened.
Trucking companies maintain records that can help establish whether they followed applicable safety requirements before the collision.
Important evidence may include:
- Driver qualification files and driving histories
- Electronic logging device records
- Vehicle inspection and maintenance reports
- Dispatch communications and delivery schedules
- Cargo manifests and weight records
- Electronic truck data and accident scene photographs
- Previous safety violations or inspection findings
- Witness statements and accident reconstruction findings
Each case requires its own investigation. An attorney may also work with qualified experts to evaluate mechanical defects, vehicle movements, or potential regulatory violations.
Preserving evidence quickly can make a significant difference. Trucking companies may repair damaged vehicles, return equipment to service, or dispose of certain records under applicable retention policies. Taking prompt action can help protect important evidence before it becomes unavailable.
What Compensation Can Victims Pursue After a Trucking Safety Violation?
When trucking company negligence causes a serious accident, injured victims may have grounds to pursue compensation through a personal injury claim.
Depending on the circumstances, compensation may cover medical expenses, rehabilitation, lost wages, reduced earning capacity, pain and suffering, and other losses resulting from the collision.
Severe injuries can affect every part of a person’s life. Some victims require multiple surgeries, extensive physical therapy, ongoing medical care, or assistance with daily activities. Others may never return to their previous employment.
When a trucking accident claims someone’s life, the deceased person’s personal representative may also pursue a wrongful death claim on behalf of qualifying surviving family members, subject to applicable state law.
Ohio and Michigan have different insurance and personal injury laws. The compensation available depends on where the accident occurred, the circumstances of the claim, and the evidence establishing liability.
Frequently Asked Questions About Trucking Safety Violations
What Is Considered a Trucking Safety Violation?
A trucking safety violation occurs when a covered driver or motor carrier fails to follow an applicable safety requirement. Examples include hours-of-service violations, inadequate vehicle maintenance, driver qualification problems, and improper cargo securement.
Can I Sue a Trucking Company for Negligence?
You may have grounds to pursue a personal injury claim against a trucking company if its negligence contributed to the accident and caused your injuries. The available claims depend on the evidence and applicable state law.
What Happens if a Trucking Company Violates FMCSA Regulations?
Federal safety violations may lead to enforcement consequences and can provide important evidence in a truck accident investigation. However, a violation does not automatically establish civil liability. Investigators must examine how the conduct relates to the collision and injuries.
How Can I Find Out if a Trucking Company Has Previous Safety Violations?
The FMCSA provides public information about certain motor carrier safety records through its SAFER system. These records may help identify relevant safety concerns, although they do not replace a complete investigation.
What Evidence Should I Preserve After a Semi-Truck Accident?
Preserve accident photographs, witness contact information, medical records, insurance correspondence, and other documents related to the collision. An attorney can also take steps to request trucking company records and preserve evidence relevant to the claim.
Injured Because a Trucking Company Ignored Safety Regulations? Hold Them Accountable.
A trucking company that ignores safety requirements can put everyone sharing the highway in danger. When that negligence leads to a serious collision, injured motorists and their families may face overwhelming medical expenses, lost income, permanent disabilities, and an uncertain financial future.
Meanwhile, trucking companies and their insurance carriers may begin gathering evidence and evaluating their financial exposure shortly after the accident. Their interests may not align with yours, particularly when the investigation reveals maintenance failures, unsafe driving practices, or violations of federal safety regulations.
You shouldn’t have to face that fight alone.
At Gallon, Takacs & Boissoneault, our experienced truck accident attorneys investigate the circumstances surrounding serious commercial trucking accidents. We examine driver records, maintenance histories, safety violations, and other evidence to identify the individuals and companies whose negligence contributed to the crash. Our team fights to hold responsible parties accountable and pursue compensation for the injuries and losses our clients have suffered.
For more than 70 years, our firm has represented injured individuals and families throughout Northwest Ohio. We also represent personal injury clients in Southeast Michigan. We understand the challenges that follow a catastrophic trucking accident, especially when injuries interfere with someone’s ability to work, care for their family, or return to everyday life.
Don’t let a trucking company or its insurance carrier determine what your injuries are worth. Before accepting a settlement or signing away your rights, speak with our team about your legal options.
Call Us. We Can Help. Contact Gallon, Takacs & Boissoneault at 419-843-6663 or schedule your free consultation online. We handle personal injury cases on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you.
