Truck accidents can lead to catastrophic injuries and fatalities, requiring extensive legal investigation to determine fault. Proving negligence in truck accidents is a complex process that involves gathering evidence, analyzing federal and state trucking industry regulations, and demonstrating how the at-fault party’s actions caused the accident and injury.
Legal Basis for Proving Negligence in a Truck Accident Claim
To succeed in a personal injury claim, a plaintiff must provide truck accident negligence proof that establishes these four essential legal elements:
- Duty of Care: The truck driver and trucking company have a legal obligation to operate safely and in compliance with federal and state laws to prevent harm to others on the road.
- Breach of Duty: The responsible party violated this duty through negligent actions such as speeding, fatigued driving, or improper vehicle maintenance.
- Causation: The breach of duty directly caused the accident and resulted in injuries or wrongful death.
- Damages: The plaintiff suffered measurable losses, such as medical expenses, lost income, or pain and suffering, as a result of the accident.
Liability Beyond the Truck Driver: Who Else Can Be Held Responsible?
In many truck accident cases, multiple parties may share liability, including:
- The Trucking Company: If the trucking company failed to properly train drivers, ignored safety regulations, or pressured drivers to violate hours-of-service rules, they can be held accountable.
- The Cargo Loading Company: If improper cargo loading caused a truck rollover or jackknife accident, the party responsible for loading the truck may be liable.
- Truck Manufacturers: If a mechanical defect, such as faulty brakes, defective tires, or steering system failures, contributed to the crash, the truck manufacturer could be held responsible under product liability laws.
- Truck Maintenance Providers: If a third-party maintenance company failed to properly inspect, repair, or service the truck, leading to a critical failure, they may be liable for negligence.
- Shippers and Brokers: If a shipping company or freight broker hired an unqualified or unsafe trucking company without proper vetting, they may be held accountable for negligence in selecting an irresponsible carrier.
Common Types of Negligence In Truck Accidents
At Gingras, Thomsen & Wachs, our experienced truck accident attorneys conduct a thorough investigation to identify all liable parties to maximize your compensation.
Truck Driver Negligence
Truck drivers are responsible for operating their vehicles safely. Semi truck driver errors that may lead to accidents and severe injuries include:
- Drowsy Driving: Truckers pushing beyond their limits, violating Hours of Service (HOS) rules, or suffering from undiagnosed sleep disorders
- Fatigued Driving: Driving long hours without adequate breaks, leading to slower reaction times and impaired decision-making
- Distracted Driving: Using mobile phones, adjusting GPS systems, eating, or engaging in other distractions while driving
- Aggressive Driving: Engaging in unsafe behaviors such as tailgating, road rage, or weaving through traffic
- Driving While Intoxicated: Operating the truck under the influence of alcohol, drugs, or prescription medications that impair judgment
- Speeding: Exceeding posted speed limits or driving too fast for road, weather, or traffic conditions
Trucking Company Negligence
A trucking company’s sole focus on profits while ignoring safety can increase accident risks:
- Unreasonable Delivery Schedules: Pressuring drivers to exceed HOS limits, leading to fatigued driving
- Harmful Job Incentives & HR Policies: Rewarding drivers for covering excessive distances quickly, leading to reckless driving behavior
- Negligent Hiring Practices: Failing to conduct background checks and hiring drivers with poor safety records or insufficient training
- Failure to Supervise Drivers: Skipping mandatory drug tests or medical fitness evaluations required for maintaining a commercial driver’s license
- Improper Record-Keeping: Failing to maintain logs of driver hours, vehicle maintenance records, and safety reports
- Cutting Costs on Fleet Maintenance: Skipping required inspections or delaying necessary repairs to save money
- Use of Distracting In-Vehicle Technology: Installing communication, tracking, or entertainment devices that contribute to distracted driving
Negligence of the Cargo Loader
Improper loading of cargo can make trucks unstable, increasing the risk of rollovers, jackknifes, or lost-load accidents. Our investigation covers:
- Overloading: Exceeding the truck’s Gross Vehicle Weight Rating (GVWR), making braking and maneuvering more difficult
- Uneven Weight Distribution: Placing cargo improperly, causing imbalance and a higher risk of rollovers
- Top-Heavy Cargo: Stacking items too high, which increases the truck’s center of gravity and makes it prone to tipping over
- Failure to Block Cargo Movement: Not securing cargo properly, leading to shifting loads that destabilize the truck
- Improper Cargo Restraints: Using weak, old, or damaged ropes, straps, or netting to secure cargo
- Inadequate Load Covering: Failing to secure tarps, leading to debris or hazardous materials falling onto the roadway
Negligence of the Maintenance Provider
Negligence by maintenance companies can lead to catastrophic failures:
- Brake Failures: Ignoring worn-out or faulty brakes, leading to extended stopping distances and runaway trucks
- Tire Negligence: Failing to replace underinflated, overinflated, or damaged tires, increasing blowout risks
- Steering System Malfunctions: Neglecting the inspection of steering pumps, hydraulic lines, tie rods, or suspensions, which can cause loss of control
- Inadequate Underride Protection: Missing or defective rear guards, increasing the risk of smaller vehicles getting trapped underneath a truck
- Lighting and Mirror Defects: Failing to fix broken taillights, reflectors, or mirrors, which reduces visibility and increases accident risks
How Our Truck Accident Attorneys Prove Negligence
At Gingras, Thomsen & Wachs, we conduct thorough investigations to collect compelling evidence in truck cases to establish liability.
Police Report and Crash Site Evidence
The official police accident report is a critical piece of evidence in truck accident cases. Law enforcement officers document preliminary fault assessment, citations issued, and statements of drivers and witnesses. Our team collects truck accident scene evidence, including:
- Skid marks and debris patterns: These can indicate braking distance and impact force.
- Road conditions: Poor weather, potholes, or improper road signage could be contributing factors.
- Vehicle damage analysis: The severity and location of damage can support claims of driver negligence or mechanical failure.
Black Box Data (Electronic Logging Device – ELD)
Commercial trucks are equipped with an electronic logging device (ELD) that records critical driving data:
- Speed, braking, and acceleration patterns: Shows whether the driver was speeding or driving recklessly
- Hours driven: Helps prove if the trucking company pressured the driver to violate HOS rules
- Last stop times and distances traveled: Can indicate whether the driver had sufficient rest before the crash
Witness Statements and Expert Testimony
Our experienced truck accident lawyer will collect statements from:
- Eyewitnesses who saw unsafe driving behavior
- Accident reconstruction experts to analyze crash dynamics
- Industry experts to explain how the trucking company’s negligence contributed to the accident
Video Footage and Dashcam Recordings
- Traffic cameras and surveillance footage can show the accident in real time. Our team will move fast to secure this evidence before it gets erased or lost.
- Dashcam recordings from the truck or other commercial or passenger vehicles may capture reckless driving behavior or violations.
Trucking Company’s Compliance with Federal Regulations
We examine whether the trucking company violated Federal Motor Carrier Safety Administration (FMCSA) regulations, including:
- Hours of Service (HOS) compliance: Did the company push the driver to exceed legal driving hours, leading to driver fatigue?
- Vehicle maintenance logs: Were required safety inspections neglected to cut costs?
- Drug and alcohol testing records: Did the employer fail to conduct mandatory drug tests before hiring or after an accident?
Truck Driver’s Employment and Training Records
To establish negligence and vicarious liability under personal injury law, we scrutinize the trucking company’s hiring and training practices:
- Background checks: Did the company hire a driver with a history of traffic violations or DUI offenses?
- Training records: Was the driver properly trained on handling large commercial vehicles, defensive driving, and cargo loading?
- Employment history: Were previous employers aware of reckless driving behavior or safety concerns?
Truck Maintenance and Inspection Reports
Trucking companies are required to keep detailed maintenance records. Negligence in maintenance can establish liability for:
- Worn-out brakes, defective tires, or steering system failures that contributed to the truck collision
- Failure to conduct pre-trip inspections, which could have prevented a mechanical failure that caused a serious accident
Internal Communications of the Trucking Company
Emails, text messages, and internal memos can reveal whether the trucking company:
- Pressured drivers to meet unrealistic deadlines, encouraging unsafe driving
- Ignored driver complaints about vehicle defects or fatigue
- Ignored the cargo loader’s practice of unsecured or excessive cargo loading
- Violated company policies or federal laws by instructing drivers to falsify logs
Our Truck Accident Lawyers Will Fight to Maximize Your Compensation
At Gingras, Thomsen & Wachs, we leave no stone unturned when investigating truck accidents. Our legal team swiftly collects evidence, consults with industry experts, and aggressively pursues claims against all responsible parties. We have a proven record of recovering millions for truck accident victims. To schedule your free consultation, call us at 855-954-1186 or contact us online.
