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Accidents involving large commercial trucks can have devastating consequences due to the size and weight of these vehicles. Determining who is responsible for the damages and injuries is critical when you are involved in a truck accident. In many cases, it’s not just the truck driver who may be at fault. The trucking company itself can be held liable if negligence played a role in causing the accident. However, proving a trucking company’s negligence can be complex, requiring a thorough investigation and a solid legal strategy.
In this blog post, The Payne Law Group in Bryan and College Station will explore the key steps in proving a trucking company’s negligence and the evidence necessary to build a successful personal injury claim.
How Trucking Companies Can Be Negligent
Trucking companies are required to follow strict regulations set by the Federal Motor Carrier Safety Administration (FMCSA) and state laws. These regulations are designed to ensure the safety of truck drivers and everyone else on the road. Accidents are more likely to occur when trucking companies cut corners to increase profits or fail to comply with these regulations. Some common examples of trucking company negligence include:
- Improper hiring practices: Failing to conduct background checks or hiring drivers with poor driving records can put others on the road at risk.
- Inadequate training: Truck drivers need specialized training to operate large commercial vehicles safely. Companies that fail to provide this training may be liable for accidents caused by inexperienced drivers.
- Pushing drivers to exceed hours-of-service limits: Truck drivers are subject to strict regulations regarding how many hours they can drive without taking a break. Trucking companies that pressure drivers to exceed these limits can contribute to driver fatigue, a leading cause of accidents.
- Failure to maintain vehicles: Trucks require regular inspections and maintenance to ensure they operate safely. When companies neglect this responsibility, mechanical failures such as brake malfunctions or tire blowouts can cause serious accidents.
- Overloading or improperly loading cargo: Overloaded or improperly loaded trucks are more difficult to control, increasing the risk of rollover or jackknife accidents.
Proving Negligence in a Truck Accident Case
To hold a trucking company liable for an accident, you must prove that the company was negligent and that this negligence directly caused your injuries. The legal concept of negligence consists of four elements that must be established:
- Duty of care: The trucking company owed you a duty to operate its trucks in a safe manner.
- Breach of duty: The company breached this duty by acting negligently, such as by failing to maintain its vehicles or by encouraging unsafe driving practices.
- Causation: The company’s negligence directly caused the accident and your injuries.
- Damages: You suffered damages (such as medical expenses, lost wages, or pain and suffering) due to the accident.
Key Evidence in Proving Trucking Company Negligence
Proving a trucking company’s negligence requires collecting and presenting strong evidence. The following types of evidence are commonly used in truck accident cases:
- Driver logs and records: Truck drivers are required to maintain detailed logs of their driving hours. These logs can show whether the driver was complying with hours-of-service regulations or if the company was pressuring them to drive longer than legally allowed.
- Truck maintenance records: Maintenance records can reveal whether the truck was properly inspected and maintained. If the company failed to address known mechanical issues, this could be used to prove negligence.
- Employment and training records: Reviewing the driver’s employment records can help determine whether the company hired the driver responsibly and provided adequate training.
- Black box data: Most commercial trucks have an electronic control module, often called a “black box.” This device records important data about the truck’s speed, braking, and other factors leading up the accident. The black box data can provide valuable insights into whether the truck driver was speeding or failed to take necessary actions to avoid the crash.
- Cargo records: If improper loading or overloading of cargo contributed to the accident, cargo records can show how the truck was loaded before the crash.
- Surveillance and dashcam footage: Any video footage of the accident from traffic cameras or dashcams can help prove how the crash occurred and whether the truck driver was at fault.
- Witness statements: Testimony from witnesses who saw the accident can provide additional support for your claim, particularly if they observed reckless or unsafe driving by the truck driver.
The Role of Federal and State Regulations
Both federal and state regulations govern the trucking industry, and violations of these regulations can be used to prove negligence. The FMCSA sets forth specific rules regarding driver qualifications, hours of service, vehicle maintenance, and safety standards. If a trucking company violates any of these rules, it can be held accountable for any resulting accidents.
For example, if a trucking company allows drivers to exceed their hours-of-service limits or fails to maintain their fleet according to FMCSA standards, this could be considered a breach of duty in a personal injury case.
Why You Need an Experienced Truck Accident Attorney
Truck accident cases are often more complicated than regular car accident cases due to the multiple parties involved and the need for specialized evidence. In addition to the truck driver, the trucking company, maintenance providers, cargo loaders, or even manufacturers of truck parts could be held liable for your injuries. An experienced truck accident attorney understands the complexities of these cases and can help you:
- Investigate the accident: Your attorney will gather evidence, such as driver logs, maintenance records, and black box data, to build a strong case.
- Negotiate with insurance companies: Trucking companies and their insurers often have teams of lawyers working to minimize their liability. Your attorney will negotiate on your behalf to ensure you receive fair compensation.
- File a lawsuit: If a settlement cannot be reached, your attorney can file a lawsuit and take the case to court to pursue maximum compensation for your injuries.
Protect Your Rights After a Truck Accident
If you’ve been injured in a truck accident, don’t leave your future to chance. Proving a trucking company’s negligence requires thorough investigation and legal experience. At The Payne Law Group, we have extensive experience handling truck accident cases and are committed to helping you secure the compensation you deserve. Contact us today for a consultation, and let us fight for your rights while you focus on recovery.