Commercial Truck Driver Error
Accidents involving commercial trucks often bring attention to the driver as the cause of the wreck. Due to the size and weight of these behemoths, drivers must possess exceptional skills and concentration to maintain control. Injuries resulting from collisions with 18-wheeled semis are often catastrophic, leading to substantial damage claims. Consequently, employers and insurance companies of these drivers employ various tactics, whether ethical or not, to minimize liability. While truck driver error is frequently at fault, some common mistakes include failure to check blind spots, distracted driving, speeding, lack of route knowledge, fatigue, and driving under the influence. Operating a dangerous vehicle imposes an “expanded duty” on truckers to drive defensively and protect others. According to the Federal Motor Carrier Safety Administration, truck driver error contributes to nearly 90% of all commercial truck accidents.
Getting to the Heart of the Accident
If a negligent trucker injures you, an experienced accident lawyer at Gallon, Takacs & Boissoneault, can provide valuable advice regarding your potential damage claim and its likelihood of success, especially if the accident wasn’t your fault. During the investigation, comprehensive steps should be taken. This includes examining physical evidence, interviewing witnesses, and carefully reviewing documentation such as:
– Log books and other records indicating driver fatigue, distractions, or a history of speeding;
– The truck operator’s accident record and any received tickets, along with reasons for them;
– Police and hospital reports to determine if the trucker was under the influence, and cell phone records to check for distractions such as talking or texting at the time of the incident;
– Citations related to cargo overloads, weigh station violations, or roadside inspection violations; and
– The truck’s repair history and other evidence pointing to potential equipment malfunction or negligent maintenance.
When the Driver is an Independent Contractor
Truck driver error can complicate personal injury and wrongful death lawsuits, especially when the trucker is an owner-operator. This complexity further arises when an owner-operator is contracted through a truck driving agency, which may be held liable if they neglect to properly screen the driver’s background or the nature of the load. However, the requirement for everyone in the industry to have insurance remains constant. This insurance is necessary to cover damages, such as medical bills, pain and suffering, lost income, and wrongful death losses.
At Gallon, Takacs & Boissoneault, our experienced attorneys protect the rights of commercial truck accident victims and their families. If you or a loved one sustained injuries due to driver negligence in a truck accident, please get in touch with us for a free consultation at 419-843-6663 or online. We are committed to safeguarding your right to receive full compensation.
