If you’ve been involved in an accident involving a truck, van, or other large commercial vehicle, you likely have legal recourse in the form of a lawsuit. Negligence is one of the leading causes of trucking accidents, and an experienced attorney can demonstrate this during your case. It all begins with finding the root of the negligence, establishing how the accident occurred, and then proving that negligence was the primary cause of the accident you suffered.
Trucking accidents can be caused by many forms of negligence. Liable parties can include the drivers themselves, the trucking company, the vehicle manufacturer, or many other entities involved in the transportation process. What are these forms of negligence, and how can they be used in your case?
Common Forms of Trucking Negligence
The most common forms of negligence that result in trucking accidents include:
Driver fatigue: Long-haul truckers can cover thousands of miles throughout their trip, often driving late into the night for several days in a row. Truck driver fatigue is a large issue and can be the root cause of accidents, which is why drivers are limited by HOS (hours of service) regulations. Drivers can only be behind the wheel for so many hours throughout the day and are required to take breaks at regular intervals. Drivers are monitored through electronic logging devices (ELDs), which helps prove negligence if they violate HOS regulations. Trucking companies can also be held liable if they force or pressure drivers to disobey HOS regulations.
Distracted driving: ELDs can also record irregular driving habits like swerving, braking hard, and speeding, providing evidence that drivers were negligent in the operation of their vehicle.
Improper vehicle maintenance: Trucking companies are required to keep their vehicle fleets in good repair. This includes regular maintenance on everything from brakes to tires and wheels, engines, and more. A simple tire blowout can be enough to cause a catastrophic accident. A trucking company can be held liable for an accident if it can be proven that they have not maintained their vehicles properly or knowingly sent out a driver in a vehicle that has issues that were previously diagnosed.
Faulty parts: Manufacturers can also be held liable for the state of a vehicle if it can be proven that the parts they have used are defective, leading to catastrophic failure. Negligence in this regard can come in many forms, including neglect to warn regarding proper use of their products, known product defects, failure to issue a timely recall, negligent manufacturing, or design flaws and defects.
Freight issues: There are known safety regulations that dictate how freight should be handled and loaded onto vehicles. Improperly secured freight can cause trucks to lose control if the load shifts while in motion. Trucking regulations also dictate the maximum weight a truck can haul while on the road. Overloaded trucks can be hard to handle and stop, can lose control when going downhill, and face an increased risk of tire blowout and component failure.
Inadequate driver training: Trucking companies can also commit negligence if they do not provide proper training to drivers. Failure to keep up with industry standards and best practices can be used against a company should an accident occur.
Driving mistakes: Finally, drivers can also be held liable if it can be proven that they were speeding, were driving too fast for road and weather conditions, failed to signal, or committed any other number of mistakes while driving.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
What Can be Used to Prove Negligence in Court?
In cases involving trucking accidents, attorneys have a wide range of opportunities and tools available to them to prove negligence, including:
- Witness and driver statements
- Expert testimony
- Data from ELDs or other devices
- Police and toxicology reports
- Truck maintenance and inspection reports
- Product specifications and manufacturing records
- Cell phone or social media records
- Trucking company policies and records
- Weather and road condition reports
Injured in a Trucking Accident?
Your trucking accident case is important, and its outcome can heavily influence your life. Don’t leave your case up to chance; work with a team of attorneys who understand the intricacies of these trucking accident cases inside and out. At Morelli Law, we’ve made a name for ourselves by helping victims of trucking and commercial vehicle accidents get the compensation they deserve. We’ve stood up to major companies, including FedEx, to ensure our clients get justice. We’re ready to do the same for you.
If you or a loved one has been injured in a trucking accident, let us fight for you. Get in touch with our team today for a free case consultation.