Negligent Truck Companies

A truck accident can change your life in an instant. If your accident resulted from trucking company negligence, you may be eligible to receive compensation for medical bills and other losses resulting from your injuries.

Trucking company negligence and liability is a complex topic. If you’ve been in an accident you think may have occurred because a trucking company was careless, review your case with a member of our truck accident team at Regan Zambri Long to learn more about proving negligence. Get started today by contacting us for a free consultation.

Who’s Really at Fault? Exposing Trucking Company Liability

There are many ways a trucking company may be liable due to negligence when a truck accident occurs. Consider the following examples of trucking company negligence:

• Negligent hiring: A trucking company is responsible for hiring drivers qualified to operate such large and complex vehicles. Even if a trucker’s  negligence was the direct cause of a wreck, their employer may be liable due to the legal theory of vicarious liability. This may be particularly true if a company overlooked a red flag, such as hiring a trucker with a poor driving record.
• Lack of maintenance: A third-party maintenance team might be liable in a trucking accident if it fails to perform its work correctly. However, the trucking company may be responsible for maintaining its fleet. If so, the trucking company could be liable if an accident results from insufficient maintenance, failure to make repairs, etc.
• Insufficient training: Trucking companies must also ensure their drivers have the necessary driver training. Failure to provide proper training may be a form of negligence for which a trucking company may be held liable.

Those are just a few examples. If you’ve been in a truck accident, meeting with legal professionals and discussing the specifics of your case can help you better understand trucking company liability issues. You may have grounds to seek compensation by filing an insurance claim or lawsuit.

The True Cost of Trucking Company Negligence

Victims can pay the price when trucking companies are negligent. If negligence results in a truck accident, victims may sustain major injuries requiring costly medical treatment. Their medical bills may continue throughout their lives if they require ongoing care.

A victim could also struggle with lost wages after a truck driver’s negligence causes an accident. Serious truck accident injuries often prevent victims from returning to work while they recover. In some cases, serious injuries can leave victims permanently unable to work, adding to their already significant financial difficulties.

The financial cost of truck accident injuries isn’t the only consequence accident victims might experience. Their injuries can also cause physical and emotional pain. A victim whose injuries prevent them from engaging in activities they once enjoyed may experience a loss of enjoyment of life. Or, they might develop anxiety that makes it difficult, if not impossible, for them to drive comfortably. In some cases, injuries resulting from trucking accidents leave victims paralyzed.

Those are just examples of the consequences individuals may face. The negligence of trucking companies can also affect overall road safety for everyone.

Data from the National Safety Council indicate nearly 6,000 large trucks were involved in fatal crashes on America’s roads in 2022. Although it’s not clear how many of those accidents resulted from a trucking company’s negligence, it is apparent that truck wrecks are a serious problem. Trucking companies can help address this issue by prioritizing safety and complying with applicable regulations.

Are you struggling because you were hurt in a truck wreck? Don’t bear these costs alone. Let Regan Zambri Long help you seek full compensation.

Signs of Trucking Company Negligence

Certain “red flags” may indicate that a trucking company is negligent. They include:

• Poor Driver Screening and Background Checks: Trucking companies must conduct thorough background checks to confirm that all drivers they hire can be trusted to operate their vehicles safely. If a company knows its drivers have not been properly screened, it may be liable after an accident.
• Insufficient Vehicle Maintenance Programs: A commercial vehicle is a complex machine with numerous moving parts. Truck crashes may be more likely when a trucking company doesn’t follow a rigorous and thorough maintenance schedule.
• Unsafe Loading and Cargo Practices: Unsafe cargo loading, unloading, and overloading practices can cause serious truck accidents, putting both drivers and pedestrians in danger, not just reckless driving.
• Inadequate Driver Training Systems: Lack of adequate training is a common cause of trucking accidents. A commercial truck company must ensure its drivers receive the training they need to handle their assignments safely.
• Dangerous Scheduling Demands: A trucker may engage in various unsafe activities if their employer pressures them to adhere to unreasonably demanding schedules. For example, a trucker may be inclined to speed or stay on the road longer than legally permitted in these circumstances.

Technology’s Role in Preventing and Proving Negligence

The insurance company or trucking company may attempt to deny liability if you don’t provide sufficient evidence of negligence with your personal injury claim or lawsuit. Fortunately, technology can help provide the evidence you need. Consider the following examples:

• Electronic logging devices (ELDs): These machines can track how long truckers were driving to show they didn’t abide by trucking regulations dictating how long truck drivers can be on the road without resting.
• Dashboard cameras: A dashboard camera can provide video of an accident. This may help confirm details that would otherwise be in dispute.
• GPS tracking systems: Like ELDs, GPS systems can provide information about whether truckers and trucking companies obey trucking regulations.
• Maintenance tracking software: This technology can demonstrate whether a trucking company properly maintains its fleet.

Our team knows how to utilize technological evidence. Contact us to leverage this crucial information.

How Federal Safety Regulations Impact Your Case

Proving a trucking company violated a federal regulation is one way to prove negligence in a truck accident case. The Federal Motor Carrier Safety Administration (FMSCA) provides information about applicable regulations, such as hours of service (HoS) requirements. These requirements establish how long a trucker can drive without taking a break.

Federal rules also require trucking companies to provide documentation indicating that their vehicles have undergone proper maintenance and to hire drivers who possess the necessary qualifications.

State vs. Federal Regulations: What Applies to Your Case?

Federal laws aren’t necessarily the only laws that may apply in a truck accident lawsuit or claim case. State laws may also apply. While federal trucking safety laws set minimum standards, states can enact additional regulations to enhance safety requirements.

Most trucks are interstate vehicles that transport goods across state lines. Thus, federal regulations usually apply in truck accident cases. However, in rare cases when trucks only operate in a single state, state rules may apply.

Building Your Case Against a Negligent Trucking Company

If you’re able to do so safely, you may gather evidence of negligence at a truck accident scene by:

• Calling 911 so the police can file a report, which is likely a legal requirement
• Taking pictures of the accident scene and visual signs of your injuries
• Getting the names and contact information of witnesses at the scene

It’s also vital to see a doctor on the day of the accident, even if you think you only sustained minor injuries. Save copies of medical bills and records.

A thorough investigation may be necessary to gather additional evidence. In some cases, it’s even necessary to coordinate with accident reconstructionists to demonstrate how an accident occurred. Our law firm can help.

Taking Action After a Truck Accident

Take the following steps immediately after a truck accident to protect your rights and your safety:

• Check for injuries and move to a safe spot away from traffic. Call 911 and ask for urgent help if any injuries require immediate attention.
• Exchange contact and insurance information with all other drivers involved in the crash. Don’t admit fault or agree to settle at the scene. Call the police and allow them to investigate. Don’t make comments about your injuries until you’ve seen a doctor.
• Ask witnesses for their names and contact information and ask if they’d be willing to provide statements. Take pictures of your injuries and the accident scene, covering it from as many angles as possible.
• See a doctor and save copies of your medical bills. Alert your insurance, but be wary of working with your insurer directly before reviewing your case with a lawyer.

Don’t wait to take legal action! Most states require you to file a truck accident lawsuit within 2-3 years of the crash to avoid losing your right to compensation.  Call our truck wreck attorneys for a free case evaluation.