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Truck Driver Negligence and Liability in an Accident Case

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Truck accidents involving passenger vehicles often cause seriousinjury and death.  Truck accidents often involve some type ofnegligence on the part of the truck driver, the trucking company, orboth.  Simple care and attention to detail by a truck driver or atrucking company can prevent many accidents from happening.  

Pressureon a driver to perform beyond their limits or sacrificing safety putsother drivers on the road at risk.  Truck accidents often have multiplecontributing causes.  The following are some of the common causes oftruck accidents:

  • Driver exhaustion - Both federal and state law regulate the number of hours a driver can drive in a given day and week.
  • Driver stress
  • Driver inattentiveness
  • Driver use of drugs or alcohol- Some drivers turn to illegal drugs to get a boost to stay awake. Trucking companies are required to make a mandatory substance abusescreening when each driver is hired.  Truck drivers are also requiredto do regular screenings to monitor for substance abuse.
  • Driving with an unsecured load
  • Exceeding maximum load
  • Improper loading of trucks- A poorly loaded trailer impairs the handling ability of the driverand may cause the trailer to tip.  The poor loading of the trailer mayaffect the ability to control the truck and keep it under control. When determining liability in a truck accident the weight of thetrailer at the time of the accident as well as the type of materialbeing hauled must be considered.
  • Improper inspection and maintenance of trucks- Rigorous inspection and maintenance of the tractor and trailer isrequired legally and should be performed by the driver at every stop.
  • Bad weather
  • Negligent passing, speeding, and failure to adhere to the rules of the road- Trucks are particularly dangerous when driven at a high rate of speed given their size and the longer breaking period to stop. The National Highway Traffic Safety Administration has found that over 25% of truckers involved in a fatal crash had a prior conviction for speeding on their record.

If you or a loved one are a victim of a truck accident contact one of our experienced truck accident lawyers at Gordon & Elias, L.L.P.. Gordon & Elias, L.L.P. attorneys analyze all aspects of the trucking accident and will ensure your rights and best interests are protected. Gordon & Elias, L.L.P. truck accident attorneys understand the complexities of truck accidents and their causes, commercial trucking regulations, and insurance company coverage issues. Our attorneys offer a free legal consultation and comprehensive case evaluation. Call TOLL FREE at:800 - 773 - 6770 or fill out the "Request More Informatiom" form on this page.