Truck Driver Negligence

With trucking accidents on the rise over the last several years, the federal, state and local governments as well as truck manufacturers recognize that big rig trucks result in a large portion of fatal traffic accidents on the roadways throughout America. Commercial truck drivers carrying loads long distances frequently suffer from fatigue, which is acknowledged as one of the leading causes of trucking accidents. Trucker driver negligence in other cases may include:

• DUI: Driving under the influence or drugs or alcohol
• Speeding: Driving at excessive speed
• Poor Maintenance: Not properly inspecting the condition of vehicle's brakes, wheels, lights. reflectors, etc.
• Not securing load properly or overloading the vehicle
• Inattention: Not paying attention to highway, traffic, and/ or weather conditions
• Being Distracted: Talking on a cell phone

Determining Truck Driver Negligence, Liability and Fault

The Fatality Analysis Reporting System (FARS) provides relevant data with an annual national census of fatal traffic crashes that occur in all 50 states, the District of Columbia, and Puerto Rico.

During a truck accident trial, if it is determined that the truck driver caused the accident and is at fault, both the driver and the trucking company can be held liable for any wrongful death. The verdict could led to a number of consequences such as jail time, fines, driver's license suspension, and civil suits.

The cause of many big rig accidents can be traced back to irresponsible trucking practices on the part of the driver, the company responsible for the maintenance of the truck, or parties who loaded the truck. However, in some cases, it may be not be truck driver error, but an error on the part of the driver of the passenger car when passing or approaching a big rig.

How Truck Accident Lawyers Can Help

When fatal truck accidents are caused by truck driver fatigue or truck driver error, the decedent’s family has the legal right to seek compensation for the accident damages. An experienced truck accident injury attorney from the law offices of Gordon & Elias, L.L.P. can help you put together a solid case, increasing your chances of being awarded a settlement.