Trucking Accidents: Proving Negligence

Semi-trucks are used to transport goods across the country and are a necessary part of American commerce. When fully loaded, a semi-truck can weigh up to 80,000 pounds. As such, accidents involving 18-wheelers often result in serious injuries or death. Often, trucking accidents are the result of the truck driver or trucking company’s negligence.

To prove negligence, your attorney will usually need to prove that the truck driver was liable for the accident and that they were negligent. There are many forms of negligence, but in general, negligence occurs when the driver does something dangerous or fails to maintain the vehicle properly. Some examples of truck accident neglect include:

• Distracted driving
• Overworked driver
• Driving while fatigued
• Driving While Impaired (DWI)
• The driver was not duly licensed
• The driver was not properly trained
• The truck was improperly maintained
• The truck was not loaded properly
• Improper documentation

Who’s Responsible for Truck Accidents

Sometimes the driver may be responsible, but this is not always the case. The details of the accident may reveal who is responsible.

Truck Driver: The truck driver may be responsible if they violated the rules of the road or otherwise did something negligent, like falling asleep, driving while distracted or speeding.

Trucking Company: It is the responsibility of the trucking company to ensure the safety of their vehicles. If they fail to provide proper maintenance or repairs, the owner may be responsible.

Manufacturer: If a manufacturing defect caused the accident, a product liability claim might be appropriate. The manufacturer of the truck or a component of the truck may be considered negligent.

Trucking accidents can be extremely complicated, and the cause of the crash may not always be immediately apparent. Consulting with a personal injury attorney with experience in trucking accidents is the best way to determine liability. The attorney may gather evidence, including the black box, witness interviews, maintenance records, employee logs, police reports, crash reconstruction, or other necessary investigative work.

Contact an Experienced Trucking Accident Attorney

If you or someone you know has been involved in a trucking accident, we can help you get the justice you deserve. Contact Saladino & Schaaf today or call us at 270-444-0406 (Paducah Office) or 270-753-1529 (Murray Office) to schedule a free consultation. You may be entitled to compensation for your injuries, but the clock is ticking.