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
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.