How Negligence is Established After a Truck Accident
When a truck driver acts negligently or recklessly when behind the wheel of an enormous commercial truck, other people usually end up injured and scrambling to pay steep medical expenses for life-altering injuries. Since the costs are often unimaginable in such accidents, it’s only right to hold the at-fault party liable for their actions.
In order to receive compensation, the injured party must establish that the at-fault party was negligent. The evidence required to establish negligence will depend on what or who caused the truck accident.
More Than One Party May be Liable for a Truck Accident
Negligence in truck accident cases can fall on more than one party. It could fall on the truck driver, their employer or trucking company, the truck owner, the truck manufacturer, or the packer or shipper of the cargo.
The Truck Driver
All truck drivers owe a duty of care to other road users, but they must be extra vigilant because of the significant repercussions of a crash involving a truck and another smaller vehicle. Common examples of negligence on the part of a truck driver are:
- Not following the posted speed limits or driving too fast for the weather or road conditions
- Failure to yield
- Whizzing through stop signs and red lights
- Failure to maintain proper lane position
- Distracted driving
- Fatigued driving
- Driving while drugged or drunk
The Trucking Company
The trucking company is responsible for all the truckers they employ. It must ensure that its drivers have a clean record, follow the hours of service regulations, and don’t use drugs or alcohol while driving, among others.
It must likewise meet proper safety equipment protocols and requirements, provide proper training to drivers, conduct regular maintenance, and follow the FMCSA weight limits. Failing to do this can be used as evidence of the company’s negligence.
Other Potentially Responsible Parties
The truck owner, which can be the trucking company or a third party, may also be held liable for a crash if vehicle issues or maintenance issues caused the accident. Defective trucks or parts may likewise point to truck manufacturer negligence. In addition, the packer or shipper of the cargo could be held responsible for the crash. Improperly packed cargo, shifting cargo, or cargo that’s too heavy for the truck’s cab is very dangerous.
Evidence Required in Truck Accident Cases
Once our Sarasota truck accident lawyer identifies the liable parties, they can gather evidence and build a strong case to prove negligence. Evidence can include the following:
- Pictures and videos of the crash
- Surveillance video from nearby properties
- Medical records
- Accident scene reconstruction
- Police reports
- Witness statements
- Truck maintenance records
- The driver’s driving record
- Alcohol and drug test results
Talk to a Seasoned Sarasota Truck Accident Lawyer Now
The Sarasota truck accident lawyers of Matthews Injury Law offer free initial case consultations for victims of truck accidents. If a truck driver’s negligent actions caused the accident and your injuries, you deserve fair compensation that will allow you to rebuild your life. Dial 941-877-5800 or reach us online to schedule your meeting with our Sarasota truck accident lawyer today.