If you have been involved in an accident with a commercial tractor-trailer, the truck driver or the company that hired him/her could be found negligent and liable for your injuries and damages. However, in order to receive compensation, you will need to prove that their negligence led to the accident and your injuries. This article will discuss negligence in truck accident cases and some associated examples.
Some of these findings include the following causes of such accidents:
1. Driving too fast for conditions
3. Inadequate surveillance or failure to look
4. Illegal maneuvers
6. Internal driver distraction, such as the use of cellphone
7. External driver distraction
9. Driver fatigue
10. Unfamiliarity with the roadway
11. Over-the-counter and or illegal drug use
12. Use of alcohol
Of the above factors cited as causing truck accidents the following were cited as the most common types of negligence associated with truck accidents:
Inattention – by engaging in any sort of activity that takes the truck driver’s attention from his/her driving ultimately leads to a form of distracted driving. There are countless records of drivers, including truck drivers, attempting to multitask when they are driving. However, there has been an awareness that distracted driving is a serious problem with truck drivers. Truck driver inattention and distracted driving have been a growing problem over the last 10 years. This is mainly associated with the use of cell phones, texting, and driving. Most states have now banned texting and driving, and federal trucking laws also banned truck drivers from using their cellphone while they are driving. In addition to using electronic devices while driving truck distracted driving happens anytime, the driver diverts his or her attention from driving in order to engage in another activity. Some activities that lead to distracted driving include the following:
– using a smartphone to surf the internet
– eating and drinking
– talking to passengers
– talking on a CB radio
– reading or looking at the GPS for directions
– watching videos
– adjusting the radio
Driver fatigue – generally fatigue is a problem that can strike any driver; however, it is a major problem with truck drivers. It must be noted that truckers driving long hours are typically paid by the mile. As a result, there is a high motivation for truckers to drive far past when they need to rest. A growing trend shows that there is pressure from trucking companies to get loads to their destinations on time. As such truckers may push themselves to meet the delivery schedule even when they feel exhausted. While federal laws now limit how long truckers can drive in a certain period of time, far too many fatigued truck driver accidents continue to happen across the country. Another form of driver fatigue is drowsy driving. Drowsy truck driver accidents can happen at any time but are most common between 12 a.m. And at 6 a.m. It is during this time when our bodies naturally want to sleep. However, this is also the same time that many truckers drive because there are less traffic and a few other distractions, and they can make more miles in less time.
Using GPS – another growing problem for truckers is having accidents while they are looking at their GPS navigation system. Truckers need to be able to know where they are going and a GPS device is useful. However, using one and getting into an accident is a form of distracted driving. If a trucker injures you in an accident while using their GPS, they could be held liable in a lawsuit.
Eating and drinking – far too many truck drivers do not want to stop to eat and drink. As a result, they end up doing so well driving. This is a type of distracted driving that can cause a serious truck accident.
For legal advice and representation speak to a Wasilla car accident attorney.