Truck Driver Error

Negligence, Liability & Truck Accident Victims’ Rights

Wrecks involving commercial trucks and tractor trailers are known for their overwhelming potential to result in devastating consequences, including catastrophic injuries and death. Because these vehicles are large, slow, difficult to maneuver, and filled with cargo that increase their likelihood of becoming unbalanced, they pose constant risks to public safety. This is why there are numerous regulations in place surrounding the trucking industry, including many rules and regulations over the drivers who operate these rigs.

Truck drivers have difficult jobs, but they receive training, licensing, and professional certifications to educate them about the risks commercial trucks pose to the public, and ways they can reduce those risks. While any driver has a legal obligation to safely operate their vehicle on public roads – and to a avoid acts of negligence that lead to preventable accidents – truckers have a greater duty of care.

At Roman & Gaynor, we know the duties and obligations of truckers, and we know what can happen when they fail to uphold those duties. Over the years, our award-winning lawyers have fought for many victims of auto and truck accidents, and have helped them pursue compensation for their injuries when all types of negligence, violations, and misconduct were to blame, including errors made by truck drivers.

Contact us to discuss a potential case. Consultations are FREE and confidential.

Common Truck Driver Errors & Negligence

Truck drivers can cause accidents and injuries in numerous ways. When those causes are preventable if not for negligence, they can also be held liable for the damages suffered by victims, including their pain and suffering, emotional injuries, medical costs, and lost earnings. In order for victims to recover these damages, as well as any other applicable losses resulting from wrecks and injuries, they must prove that truckers were negligent in some way. Examples of common truck driver errors involving negligence include:

  • Traffic violations – Speeding, reckless driving, failures to yield, and unsafe lane changes can all turn disastrous when they are made by drivers behind the wheel of a commercial truck. When truckers commit traffic violations that lead to preventable wrecks, they can be held liable for victims’ damages.
  • Safety violations – Truck drivers, and their employers, must comply with numerous federal regulations. These regulations, established by the Federal Motor Carrier Safety Administration (FMCSA), require drivers to properly load and secure cargo, keep track of their hours on duty and take mandatory rest breaks, maintain proper certifications and health clearances, and properly inspect vehicles. Violations increase crash risks, and they amount to negligence for which drivers can be held accountable.
  • Distracted driving – Distracted driving is leading America’s surge in roadway fatalities, which is why many states have passed laws prohibiting motorists from using cell phones or texting. Should it be discovered that a trucker was using a cell phone or engaging in other dangerous forms of multi-tasking at the time of a crash, they can be held responsible for their negligence.
  • Drunk or drugged driving – Truckers are held to higher standards when it comes to impaired driving. This includes lower BAC limits for drunk driving, in both their personal and commercial vehicles. It is never acceptable for truck drivers to operate vehicles under the influence of drugs or alcohol, and their employers must take steps to prevent that from happening, including periodic drug and alcohol screening.

Because many truck drivers work for large trucking companies, victims often hold the companies for whom they work liable for damages. This is because trucking operators are ultimately responsible for their employees. Additionally, trucking companies can be held accountable for negligently hiring unfit and unsafe drivers – such as those with poor safety records of histories of substance abuse – and negligently retaining drivers who are unfit or even uncertified for duty.

Fighting on Your Behalf: Discuss Your Rights Today!

Truck accident cases are difficult, but they can be handled efficiently and with positive results when victims choose to work with experienced attorneys. At Roman & Gaynor, we leverage decades of experience and the expertise of two Florida Bar Board Certified Civil Trial Specialists when conducting truck accident investigations, working with necessary experts, and fighting powerful trucking companies and insurance providers that care only about protecting their bottom lines – not the futures of victims harmed by their drivers.

If you would like to discuss how we may be able to help you pursue a personal injury or wrongful death case involving a truck accident caused by driver error, do not hesitate to contact us for a free consultation.