Driving a tractor-trailer is a serious responsibility, and the majority of drivers are very careful. However, commercial truck drivers are prone to the same errors as those driving passenger vehicles. The consequences, though, are often far more deadly than crashes only involving passenger cars, which is why proving truck driver negligence is often essential in a personal injury case. The behaviors and signs listed below may point to a pattern of negligent, unsafe driving.
If you or a loved one have been injured in a truck accident and you suspect the driver was acting recklessly, the Detroit truck accident lawyers with Davis Injury Lawyers, PLLC can help determine what happened and how to hold the right party accountable. Free consultations and no cost unless you recover compensation: (313) 818-3238.
What Are the Signs a Truck Driver was Negligent?
It might not be apparent just before or during your accident, but investigators can identify signs that the at-fault truck driver was acting negligently or recklessly. Of course, some signs, like swerving or driving too closely to other drivers, can be obvious. But as a normal driver, you may not be able to identify the signals that a driver is negligent. Your truck accident lawyer and their consultants can analyze the circumstances of your crash and will look for signs like:
Was the Driver Speeding or Driving Recklessly?
Speeding is still a significant problem for truck drivers. Many companies use speed trackers or speed limiters on company vehicles. However, smaller trucking firms may not yet have this technology available. Speeding is a dangerous behavior for any driver, but for a trucker in a vehicle that is 20 times larger than the average passenger vehicle, it is downright negligent.
Other signs of reckless driving may also point to negligence. Random lane changes, failing to adhere to posted signs, or otherwise ignoring the rules of the road should be reported to your lawyer.
Was the Driver Being Aggressive or Driving Distracted?
Being on the road for long stretches of time can make some drivers prone to road rage or aggression. This is exceptionally dangerous for truck drivers, since their choice to cut off another driver or follow too closely could have fatal consequences. Signs of aggressive driving include failing to yield right-of-way, tailgating, using the horn to indicate anger, and blocking lanes.
Distracted driving is another issue to watch out for. Any driver can cause enormous damage if they engage in distracted driving, but a truck driver who takes their eyes off the road for a few seconds could cause multiple fatalities and tens of thousands of dollars in property damage.
Were They Driving too Long or have Hours of Service Violations?
Truck drivers and companies must follow strict Hours of Service regulations. These regulations aim to keep fatigued drivers off the road and provide proper breaks so that drivers can remain focused. Some violations occur because of company scheduling practices or company culture, while others occur because individual drivers do not want to lose time or delay their arrival.
For example, a commercial driver cannot drive for more than 11 hours at a time after a break of at least 10 hours. They may not clock more than 60 hours over a seven-day period or 70 hours over an eight-day period. Violations of these rules are often easy to track, due to trucking logs and GPS trackers. Drivers must also take regular breaks to rest and refresh their minds before getting back on the road.
Do They Have A History of Accidents?
Any driver can be involved in an accident, but if the same driver has been involved in multiple crashes, that indicates a pattern of unsafe or inattentive behavior. Your lawyer should be able to find out whether or not the driver who caused your crash has also been involved in other accidents. This may point to driver negligence and company negligence, as the company has a duty to employ trustworthy drivers.
Did the Driver Have a Positive Drug or Alcohol Test?
This is perhaps one of the most egregious signs of a negligent truck driver. Driving under the influence of drugs or alcohol is dangerous across the board, but given the damage a tractor-trailer can cause, commercial drivers who drive under the influence often face serious criminal charges. Most companies mandate a thorough drug and alcohol screening after a crash, and your lawyer will be able to request the results.
Why Does Proving Negligence Matter in a Truck Accident Claim?
Negligence in a truck accident claim matters because you need to hold all parties involved responsible. A trucking claim can go beyond the driver — if their employer knew of their history of negligent behavior or the potential of an accident, you can include them in your lawsuit. Getting the full compensation for your damages after an accident can be a challenge, but providing irrefutable evidence of the at-fault driver’s negligence can give you the best chance of getting the maximum compensation possible.
Why You Should Work With a Truck Accident Lawyer
Even in situations where you feel like it’s obvious who was at fault for your crash and the signs of negligence are obvious, it’s in your best interest to work with a skilled truck accident lawyer from Detroit. Not only will they know the region and its laws, they’ll also be able to help you investigate your claim. Most crashes and accidents have more evidence available than you think, but securing it for your case can be a challenge.
For instance, semi-trucks and other large commercial vehicles may use a black box or electronic recording device during operation. These devices can track crashes and the information leading up to a crash (like how fast the truck was going and how long it’s been running). That information is crucial to supporting your claim. However, it belongs to the trucking company. Your accident attorney can work to preserve evidence after a truck accident in a timely manner, otherwise you could lose it.
Trucking companies and their insurers have many more resources than you do on your own. A truck accident lawyer can even the playing field. They’ll handle communications with the defendant and their attorneys, investigate your claim, build a case, and pursue the compensation you deserve.
Hurt in a Trucking Accident? Turn to Davis Injury Lawyers.
A trucking accident can leave you with serious injuries, a totaled vehicle, and a long road of recovery. It is important to hold the liable party accountable for the damage they cause. However, you cannot trust their insurance company to do what is best for you. That’s where we come in.
The team at Davis Injury Lawyers, PLLC will thoroughly investigate your accident, gather evidence, and fight aggressively on your behalf. Take the first step now by filling out our online contact form or calling us at (313) 818-3238.