Parker Waichman LLP

Understanding Truck Driver Negligence

Commercial truck drivers have specialized training and experience. They should be held to a higher standard when driving their big rigs. Notwithstanding their training, truck drivers operate cause accidents by driving carelessly. Their negligence often leads to catastrophic and life-altering injuries or death. Truck drivers must remain alert, awake, and focused on the road at […]

Understanding truck driver negligence

Truck driver negligence

Commercial truck drivers have specialized training and experience. They should be held to a higher standard when driving their big rigs. Notwithstanding their training, truck drivers operate cause accidents by driving carelessly. Their negligence often leads to catastrophic and life-altering injuries or death.

Truck drivers must remain alert, awake, and focused on the road at all times. They should never look away from the road for a second. If they do, then they could lose control over their load and plow into an innocent victim.

Truck drivers operate negligently in the same ways that passenger car drivers operate. A truck driver is negligent while:

  • Driving recklessly;
  • Speeding;
  • Swerving or driving aggressively;
  • Driving too fast for weather conditions;
  • Failing to take a break if feeling drowsy or sleepy;
  • Violating hours-of-service regulations imposed by the federal government;
  • Driving while texting;
  • Driving while distracted;
  • Failing to secure cargo safely; and
  • Failing to maintain the truck and its safety mechanisms.

Truck drivers have a duty to ensure they drive safely, and their trucks are safe for the road.

A truck driver is not negligent simply because a crash occurred. Some accidents happen because they were unavoidable. A person injured in a commercial vehicle accident must prove the driver caused the crash because of the truck driver’s negligence.

Negligence, in its simplest form, is the failure of a duty to act. All commercial vehicle drivers owe a duty to the whole world to drive safely. If the driver of a commercial truck breached that duty and caused an injury, the driver was responsible. Truck drivers’ insurance companies often contest whether the truck driver violated the duty of care.

Negligence is not evaluated in a vacuum. Instead, the truck driver’s actions leading up to the accident will be compared against how a reasonable truck driver in the circumstances of an accident should act. If the reasonable truck driver in the circumstances that caused an accident would have done something different, then the truck driver was negligent and must compensate the victim for damages.

Our 18-wheeler truck accident lawsuit attorneys represent those injured or families who lost family members in truck accidents caused by negligence. We invite you to speak with us about your case and an initial consultation, so contact us at 1-800-YOUR-LAWYER (1-800-968-7529), or fill out our case inquiry form, or visit us in person.

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