Truck Accident Causes
Driver Error • Trucking Company Negligence • Road Conditions
By and large, truck drivers are professional drivers whose livelihood depends on safe operation and following the rules of the road. But when truckers and their employers act irresponsibly, the results are often devastating. Trucking accidents result in disproportionate injuries and deaths to the innocent occupants of the vehicles they strike.
If a family member was seriously injured or killed in a truck accident, you can count on the experienced truck crash attorneys of Gulas & Stuckey, P.C. to investigate the cause of the crash and aggressively pursue compensation for your losses. We represent personal injury victims statewide, and invite you to contact us immediately for a free consultation.
Causes of Truck Accidents: Determining Liability
A good personal injury lawyer familiar with truck accidents will promptly investigate the crash scene for valuable information that enhances your likelihood of recovering full damages from the negligent parties. The law firm you choose must be familiar with federal trucking regulations, complex litigation, and insurance issues, as well as the common causes of truck wrecks.
Driver Error
The National Highway Traffic Safety Administration, which studies and compiles statistics on truck accidents, has concluded that truck driver error is the foremost cause of crashes involving tractor trailers, buses, delivery vehicles and other large trucks. The most frequent errors are:
- Failure to yield the right of way (stop signs, turning, merging)
- Tailgating
- Driving too fast for the conditions / unfamiliarity with local roads
- Failure of truckers to control their vehicle
- Improper lane changes / failure to maintain lane
• Failure to see other vehicles
Exceeding the posted speed limit and drug or alcohol use are not common causes; most drivers recognize the danger of losing their CDL license.
Driver Fatigue
Federal regulations limit the number of hours that truckers can drive without a specified period of rest, and require drivers to keep detailed logs. But many drivers are pressured by employers to complete their runs in the shortest time possible. When tired, drivers are more likely to rely on stimulants that cloud their judgment, to fail to account for other vehicles, to misjudge stopping distances, and to overcorrect or make poor decisions in accident situations. Your lawyer should obtain the driver's log books to check for Hours of Service violations or indications of falsified logs. Both the driver and the trucking company may be liable in an insurance claim or lawsuit for damages.
Condition of the Truck and Freight
Another common cause of truck accidents is poor maintenance and improper truck loading. A qualified attorney consults with accident reconstruction specialists, mechanics and/or engineers to identify negligence:
- Worn tires or bad brakes
- Improper lights and reflective tape on the cab or trailer
- Loose mud flaps, tarps, bumpers
- Overweight (maximum 80,000 pounds for 18-wheelers)
- Unbalanced load (causing tipping on curves)
- Shifting loads / unsecured freight
Employer Negligence
Trucking companies are required to perform background checks on drivers, and are obligated to provide adequate training. The employer may be liable for hiring drivers with a history of traffic violations or accidents, for failing to train drivers sufficiently, or for requiring/encouraging drivers to drive without the mandated rest.
Road Conditions
Drivers are responsible for reducing speed appropriately in rainy weather and construction zones. However, a small number of truck accidents are due to unforeseeable road conditions beyond the driver's control. In limited cases, you may be able to sue a government agency or its contractors for negligence in road design, inadequate signage, or poor maintenance. Debris from a truck — or roadway obstructions from another source that causes the truck to swerve or collide — is also a potential subject of litigation.
You have many rights if you were the victim of a trucking accident, but litigation can be complex. Contact the Birmingham, Alabama, truck crash attorneys of Gulas & Stuckey, P.C. for a free case evaluation. We aggressively pursue the full compensation you deserve.
