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Is Trucking Company Negligence a Factor in Your Accident?

Published on July 7th, 2019

Truck Accident Lawyer

A trucking company can be a responsible party in a trucking accident for many reasons. If you have been in a truck accident, it’s important to consider the potential negligence of the trucking company involved because it could come into play in your case.

Having unqualified drivers on the road

There is a serious lack of truck drivers in the US, and companies trying to meet their demand often rush to hire new ones. However, this can result in drivers on the road without the proper training or with close to no real training at all. Inexperienced drivers can do serious damage in large and heavy trucks, especially since they are not used to handling that type of vehicle.

Not reporting or hiding driver violations

There are many violations a truck driver can incur under the watch of the trucking company, including:

  •   Driving a truck with a haul over the weight limit
  •   Insufficient rest and sleeping periods
  •   Safety violations, such as running a red light or speeding
  •   Driving under the influence

Unfortunately, some of these violations, such as driving without enough sleep, may be encouraged or ignored by the trucking company.

Not maintaining or inspecting trucks properly

Proper truck maintenance and inspections are necessary to ensure a truck’s systems don’t fail and to help the company detect other problems before it hits the road. There are some things a trucking company can uncover during a routine inspection, such as worn brake pads, which could be then handled to avoid an accident later.

A trucking company is supposed to maintain and periodically inspect its trucks to ensure they are fit and safe to go on the road. If they don’t, they can be liable for any damage the truck causes as a result.

Being out of compliance with federal regulations

Federal regulations mandate that a trucking company with drivers provide them with standard break, rest and sleep times. Depending on their driving hours, the truck driver must have a specific number of hours set aside for these activities. This is important, as fatigued drivers can experience sleepiness or drowsiness behind the wheel that impacts their judgment, their reaction times and their ability to stay focused. Unfortunately, due to the truck driver shortage, some companies try to shorten break and rest times so drivers can move more cargo.

Not ensuring trucks are loaded correctly

To properly load a truck, someone may need to recheck all the equipment and straps and re-measure. It a truck is not balanced properly or the cargo is not secured, the cargo could fall off or cause the truck to roll over. Cargo issues can even contribute to a truck jackknifing, and this can result in serious accidents.

If you have been in an accident with a truck, it may be more than just the driver who is at fault. Contact an experienced truck accident lawyer in Denver, CO about your case today to protect your rights. Your attorney will work to ensure that all parties responsible for your accident are held accountable.

Thanks to Richard J. Banta, P.C. for their insight into personal injuries and truck accidents involving negligence.

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