Proving Negligence in Accidents with SemiTrucks

• February 19, 2018
• Personal Injury, Trucking Accidents

Accidents involving large commercial semitrucks are typically more complex than ones involving standard motor vehicles. It is not always proving that the truck driver was negligent; the fact is that negligence may extend to the trucking company and even third parties, such as those who loaded the truck.

Many factors can contribute to the cause of a semitruck accident, such as:

• Improper maintenance
• Uneven loading of cargo
• Lack of adequate training for a driver
• Fatigued or distracted driver
• Failing to adhere to state or federal trucking regulations

Our team is experienced in knowing what evidence to collect to help prove liability when you are involved in a commercial semitruck accident.

Factors That May Prove Driver Negligence

• A driver’s log book is where a truck driver keeps track of the number of hours spent on the road, how many miles have been traveled and the amount of hours a driver has slept. Reviewing this document can help determine negligence factors such as whether a driver exceeded the hours of service rules or was driving fatigued.
• Status of the driver’s commercial driver’s license (CDL) can show whether the driver has a valid CDL, meaning he or she is qualified to drive the truck.
• Background check on the driver could show a criminal background or other reasons why he or she should not have been hired by the trucking company.
• Driver’s medical certificate could show a medical condition that should keep a driver off the road.
• Drug and alcohol screenings should be given after a crash. Positive results on either of these might indicate driver fault.

Factors That May Prove Trucking Company Negligence

• Maintenance and inspection records need to be kept up-to-date. Sometimes inspection reports can reveal a mechanical problem that has not been repaired.
• Repair records can show things such as a recurring mechanical problem.
• Driver’s before and after inspection reports are required by law after every trip. These could identify mechanical failures that need to be fixed before the next trip out.
• Annual inspection reports might show performance issues that could make it a danger to be on the road.
• Truck’s black box can tell what happened immediately before the accident. For instance, speeding could lead to driver carelessness.
• Records kept by the trucking company regarding its hiring practices and disciplinary actions against its drivers.

Other Accident Information to Collect

• Police Reports provide the information collected at the scene of the accident.
• Eye Witness statements.
• Photographs of things such as the road conditions, road and safety signs, skid marks and/or debris in the road.

Oftentimes, the complexity of a semitruck accident may require expert witnesses. When they are needed, we engage reputable experts in their respective field to interpret the facts.

Legal Assistance from Experienced Truck Accident Attorneys

When you have suffered serious injuries in an accident with a large commercial truck, the attorneys at Nash & Franciskato will conduct a thorough review of the evidence, determine who was at fault and help you pursue compensation for your injuries, lost wages and other damages. Contact us for a free, no-obligation review of your case.

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