Truck driver negligence occurs when a commercial truck driver fails to use reasonable care, and that failure causes or contributes to a crash. Negligence may involve unsafe driving, fatigue, distraction, failure to inspect the truck, or violations of safety rules that apply to commercial drivers.
Determining whether a truck driver was negligent usually requires examining the driver’s conduct, the circumstances surrounding the collision, and records related to the truck and the trip. A lawyer can review this evidence, identify who may be liable, and explain your options after a crash. If you were injured, contact a West Hollywood truck accident lawyer for a free consultation.
What Counts as Truck Driver Negligence?
In California, drivers generally have a duty to use reasonable care to avoid injuring others. Negligent truck driving may occur when a commercial driver acts carelessly or fails to take reasonable precautions, and that conduct contributes to an accident.
Commercial drivers must also comply with federal and state safety requirements covering topics such as driving time, vehicle inspections, cargo, and safe operation. A violation of a safety rule may provide evidence of negligence, depending on the facts and the rule involved.
To establish negligence in an injury claim, you generally need evidence connecting the driver’s conduct to the collision and your resulting injuries and losses.
What are Common Examples of Negligent Truck Driving?
Negligent operation of a truck can involve a single unsafe decision or several contributing actions. Some issues arise immediately before a collision, while others may begin earlier in the driver’s trip.
Examples may include:
- Texting, using a handheld device, or engaging in another distraction while driving.
- Speeding or driving too fast for traffic, weather, or roadway conditions.
- Following another vehicle too closely.
- Making an unsafe lane change or failing to check blind spots.
- Running a red light, a stop sign, or other traffic control devices.
- Driving while fatigued or exceeding applicable hours-of-service limits.
- Driving while impaired by alcohol or drugs.
- Failing to complete required vehicle inspections.
- Continuing to operate a truck despite a known safety problem.
The specific conduct that establishes a truck driver’s negligence depends on the evidence available after the crash.
How is Commercial Truck Driver Negligence Different From Ordinary Driver Negligence?
The basic negligence principle is similar for truck drivers and other motorists, which is that drivers must use reasonable care under the circumstances. Commercial truck drivers, however, may also be subject to federal motor-carrier regulations and other safety requirements that do not apply to most passenger-vehicle drivers.
For example, federal rules regulate how long certain commercial drivers may drive before taking required rest periods. Other rules address inspections, recordkeeping, licensing, drug and alcohol testing, and the operation of commercial vehicles.
These requirements can provide additional sources of evidence after a crash. A driver’s logs, inspection records, electronic data, or regulatory violations may help show whether the driver operated the truck unsafely.
Can a Trucking Company Also Be Liable?
Yes. A trucking company may be liable for a driver’s conduct in certain circumstances, including when the driver was acting within the course and duties of employment at the time of the collision.
A company may also face liability based on its own conduct. Depending on the facts, this could involve unsafe hiring or retention practices, inadequate training or supervision, poor vehicle maintenance, or company practices that contributed to unsafe driving.
Other parties may also share responsibility, including:
- A company responsible for loading or securing cargo.
- A maintenance or repair provider.
- The owner or lessor of the truck or trailer.
- Another driver whose conduct contributed to the collision.
- A manufacturer responsible for a defective vehicle or component.
Identifying each potentially responsible party can affect the investigation and the sources of compensation available for your injuries.
How Do You Prove a Truck Driver Was Negligent?
Proving that a truck driver was negligent requires evidence showing what the driver did, why the collision occurred, and how the crash caused your injuries. Truck cases can involve evidence that is not usually available after an ordinary passenger-vehicle collision.
Useful evidence may include:
- Police reports and information about cited traffic violations.
- Photos or video from the crash scene.
- Dashcam, surveillance, or traffic-camera footage.
- Witness statements.
- Electronic logging device records.
- Driver qualification and training records.
- Dispatch communications and trip documents.
- Inspection, maintenance, and repair records.
- Electronic control module or other vehicle data showing speed, braking, or vehicle activity.
- Cargo-loading and weight records when relevant.
Some trucking records are retained for limited periods. For example, federal rules generally require motor carriers to keep certain driver duty-status records and supporting documents for six months.
Taking early steps to preserve available evidence can help prevent relevant records from being routinely deleted or discarded.
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What Should You Do If You Suspect Negligent Truck Driving?
Your health should come first after a truck accident. Seek medical care for your injuries and follow the treatment instructions you receive. Delaying care can make some injuries harder to diagnose and may also lead an insurer to dispute whether the crash caused or worsened your condition.
When you are able, you can also take steps to preserve information connected to the accident:
- Report the collision to law enforcement.
- Photograph the vehicles, roadway, visible injuries, and surrounding conditions.
- Save contact information for witnesses.
- Keep medical records, bills, repair estimates, and other accident-related documents.
- Avoid posting details about the collision or your injuries on social media.
- Be cautious about providing a recorded statement to an insurance company before you understand your rights.
A truck accident lawyer can also send preservation requests for records held by the trucking company and other parties.
How Can a Lawyer Help With an Accident Claim?
A lawyer can investigate the collision and gather evidence that may not be available directly to you. This may include driver logs, electronic vehicle data, company records, inspection documents, dispatch communications, and other information related to the trip.
A lawyer can also identify potentially liable parties, document your losses, communicate with insurance companies, and evaluate settlement offers. If the parties dispute fault or the amount of compensation owed, an attorney can prepare the claim for further legal proceedings.
Truck accident claims may involve several insurance policies, businesses, and sets of records. A thorough investigation can help establish how the collision occurred and which parties may be legally responsible.
Talk to Omega Law Group About Truck Driver Negligence
If you were injured in a truck crash and believe a truck driver’s negligence caused it, Omega Law Group Accident & Injury Attorneys can review what happened and explain your legal options. We offer free consultations and handle personal injury cases on a contingency-fee basis, so you pay zero attorney fees unless we recover compensation for you.
Omega Law Group has more than 20 experienced attorneys serving personal injury clients. We emphasize individualized attention, direct communication, and a client-first approach, and we are available 24/7 to receive calls from prospective clients.
Contact us to discuss your truck accident and the steps you can take to protect your claim.
