Accidents with semi trucks happen for many reasons, but perhaps the most complicated is trucking company negligence.
Trucking companies have a responsibility to promote safety and responsible driving. When they don’t, other drivers usually pay the price. Sadly, victims of these accidents experience both physical and mental trauma for weeks, months, or even years after the collision.
Moreover, accidents related to trucking company negligence are preventable, with many training programs and regulations in place per the Federal Motor Carrier Safety Administration (FMCSA). Before pinpointing fault in an accident though, you must first understand negligence.
What is trucking company negligence?
Trucking companies have two main responsibilities: putting safe trucks on the road and putting properly trained drivers in those trucks. Failing to follow through with either of these responsibilities (or both of them) is negligent behavior.
Examples of trucking company negligence could include:
- bypassing proper training for drivers
- ignoring regulations about drivers’ hours on the road
- pushing drivers too hard with unrealistic and unsafe mileage quotas
- not screening drivers properly during the hiring process
- failing to keep up with drug testing or monitor substance abuse
- lack of maintenance on trucks
- not following loading protocol for cargo
When these companies put rigs and drivers on the road in these conditions, they can hold the blame, at least in part, for resulting accidents.
When is a trucking company at fault in an accident?
Of course, for a company to be held liable for an accident, victims and their families must prove negligence. This could look like:
Proof that the company didn’t properly train or screen drivers.
If a family can prove that drivers weren’t vetted well, and (or) didn’t have the required experience for the job, trucking company negligence comes into play. Similarly, if the company didn’t keep up with regulated and required training, they could be found liable for any accidents caused by their drivers.
Proof that the trucking company did not responsibly regulate time on the road.
Truckers are limited to a maximum of 12 hours of driving after 10 consecutive hours off duty, according to the Hours of Service (HOS) regulations set forth by the FMCSA. In addition to federal regulations, Florida also puts limits on the number of hours truck drivers spend behind the wheel without taking time off for rest. If companies refuse to hold drivers accountable to these regulations, they might be found responsible in the case of an accident.
Proof that the trucking company didn’t follow drug testing protocol.
Drivers are supposed to be subjected to drug testing at their time of hire, after any accidents, and at random intervals throughout their period of employment. Trucking company negligence includes failing to follow through on these tests, as well as inaccurately or falsely reporting results.
Proof that the trucking company didn’t keep up with truck maintenance.
Trucking company negligence isn’t just about the drivers. Semi-trucks and commercial rigs log many miles on the road and require significant maintenance. This includes:
- routinely checking tires and replacing them as needed
- brake inspections, repairs, and replacement
- checks of all electrical components
- repairs or replacements related to any recalls on trucks or truck parts
The failure of any system in a large commercial vehicle could be catastrophic for other drivers on the road. If the failure could have been prevented, especially if the trucking company knew of the risk, they might be held accountable for an accident.
Proof that the trucking company didn’t adhere to cargo loading protocol.
Loading cargo onto big rigs is regulated as well. Improperly loaded cargo can be deadly, so trucking companies are responsible for ensuring it’s secure. If cargo shifts and throws the truck off balance or if cargo falls OFF the truck into traffic, improper loading would be a factor.
To clarify, these are just a few of the many examples of accident causation in trucking company negligence cases.
How does trucking company negligence affect your accident case?
Trucking company negligence is determined as the details of your accident emerge. If liable, the trucking company and the driver in question are up against you in your case. These companies often have extensive insurance policies and will fight hard to settle for less than you deserve. Having an experienced truck accident attorney is crucial to getting the outcome you need.
Brooks Law Group fights for truck accident victims.
As some of Central Florida’s most trusted truck accident attorneys, our team is ready and able to fight for your rights after your crash. We have years of experience battling insurance providers and trucking companies, going to bat for victims, and getting the compensation they desperately need. You don’t have to worry about expensive legal fees with our firm. Our contingency fee means you don’t pay unless we win, and our free consultations are risk-free to you as you begin the lawsuit process.
With offices in Tampa, Winter Haven, and Lakeland, we’re proud to serve a long list of Central Florida communities with the best legal services. When you’re facing a trucking company negligence case, Look to Brooks.
