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Working through the intricacies of truck drivers’ liability amidst accidents is essential for understanding legal and ethical frameworks. Are truck drivers truly responsible for damages when accidents transpire? By examining legal precedents, industry standards, and societal expectations, we aim to shed light on the complex dynamics at play in these unfortunate incidents.
So Who Is Liable In A Truck Accident?
Commercial trucks’ size and weight mean truck accidents tend to be more devastating than accidents involving small cars. As a truck accident victim, the driver, trucking company, loader, and truck driver are some of the parties who might be liable for your damages. Below are some of the reasons the trucking company might be liable for your injuries.
Drug Test Failure
The effects of intoxication increase the risk of accidents. Such effects include:
- Impaired vision
- Drowsiness
- Impaired judgment
For this reason, the Federal Government requires drug testing for certain truck drivers. Trucking companies administer these tests to any driver they want to hire. Trucking companies may also administer these tests to drivers suspected of drug use.
A trucking company that doesn’t test its drivers for drugs might be liable for the accidents the driver might cause. The liability is almost certain if investigators determine intoxication as the cause of the truck accident.
Negligent Hiring And Retention
Each trucking company must hire and retain safe drivers. A safe driver:
- Has undergone proper training.
- Has a valid commercial driver’s license (CDL).
- Doesn’t drive while intoxicated.
A truck company that neglects its duty to hire and retain only safe drivers might be liable for the accident its unsafe driver might cause.
Consider an example where a trucking company has a driver with a suspended license on its payroll. However, due to a shortage of drivers, the company allows the driver to continue with their driving duties. The trucking company might be liable for any accident the driver might cause.
Hours Of Service Rule Violation
Truck driving is tiresome. After hours of driving, a driver is likely to feel drowsy and tired. The effects of drowsiness and exhaustion are almost the same as those of intoxication. Drivers need regular periods of rest to reduce the risk of accidents.
The Federal Motor Carrier Safety Administration (FMCSA) determines the hours of service for drivers to ensure they get adequate rest. For example, each driver must get at least 30 minutes of rest after eight hours of cumulative driving. For example, a trucking company that violates these provisions to beat delivery deadlines becomes liable for the accident their driver might cause.
Inadequate Truck Maintenance
Apart from human error, vehicle defects also lead to truck accidents. Examples of such defects include:
- Worn or damaged tires that blow out or cause ineffective braking.
- Worn brakes that increase braking distance.
- Worn windshield wipers that allow poor visibility.
Trucking companies must inspect, service, and repair their vehicles to ensure they are always fit for the road. Each truck must have a maintenance log that details its condition before and after every trip. Negligent maintenance, for example, operating a truck with worn tires, makes the company liable for any accident the negligent maintenance might cause.
Overloading
A company that overloads its truck violates government rules and risks its driver and other road users.
The risk of an accident increases for an overloaded truck since the weight:
- Might interfere with the center of gravity of the truck.
- Might interfere with the braking efficiency of the truck.
- Might lead to tire bursts.
The weight rating depends on the type of truck, license requirements, and maximum highway rating. If a company overloads its truck, and the overloading causes an accident, the company must compensate the accident victims.
Include every potentially liable party in your truck accident claim. That is the best way to maximize your potential recovery.
Are Drivers Responsible For Truck Accident Damages?
Determining truck drivers’ liability in accidents involves considering various legal, ethical, and practical factors. While the specifics may vary depending on the circumstances of each case, it’s clear that a comprehensive understanding of these issues is essential for promoting safety on our roads and ensuring fair outcomes for all parties involved.
Call us for a free initial consultation to determine the best way to proceed with your case.