Proving Negligence in a Truck Accident: What You Need to Know

Truck accidents often lead to devastating consequences due to the sheer size and weight of commercial vehicles. According to the Insurance Institute for Highway Safety (IIHS), truck accidents cause approximately 4,000 deaths each year. In 2022, the number of deaths stood at 4,764. Compared to figures from 2009, there has been a 51% increase in truck accident fatalities. When these accidents occur, establishing negligence is crucial for securing fair compensation for injuries and damages. But what does proving negligence in a truck accident entail? This blog post will walk you through the essential elements, evidence, and strategies you need to know.

Understanding Negligence

In personal injury law, negligence refers to a failure to exercise the level of care that a reasonably prudent person would exercise under similar circumstances. In the context of a truck accident, negligence means that the truck driver, trucking company, or another responsible party failed to act with reasonable care, leading to the accident and your injuries.

To successfully prove negligence in a truck accident case, you typically need to establish four key elements:

Duty of Care: The defendant (the truck driver or trucking company) owed you a legal duty to act reasonably to prevent harm. All drivers have a duty to operate their vehicles safely and follow traffic laws. Commercial drivers and trucking companies are held to even higher standards due to the potential for serious harm.
Breach of Duty: The defendant violated their duty of care through careless or reckless actions. This could include speeding, distracted driving, violating hours-of-service regulations, or failing to maintain the truck properly.
Causation: The defendant’s breach of duty directly caused the accident and your resulting injuries. There must be a clear link between their actions and the harm you suffered.
Damages: You suffered actual losses as a result of the accident, such as medical expenses, lost income, property damage, and pain and suffering.

Common Examples of Truck Driver Negligence

Driver error or negligence accounts for 83 percent of large truck accidents each year. Negligence on the part of a truck driver can take many different forms. Overall, truck drivers may engage in many of the same careless and unsafe behaviors as other motorists. The main difference is that a truck driver’s error tends to result in a much worse accident. Some common examples include:

Speeding: Exceeding posted speed limits or driving too fast for weather conditions.
Driving Under the Influence: Operating a truck while impaired by alcohol or drugs. Commercial drivers in Missouri can be charged with DWI if they are driving their vehicle with a blood alcohol concentration (BAC) of 0.04% or more.
Distracted Driving: Engaging in activities that take attention away from driving, such as texting, eating, or using a GPS device. According to reports from the FMCSA, more than 70 percent of commercial truck driving accidents occur while the driver is doing something in addition to driving.
Fatigued Driving: Violating federal hours-of-service regulations and driving while excessively tired. Truck drivers are only allowed to drive a maximum of 11 hours per day and 70 hours per week.
Failure to Check Blind Spots: Not properly checking blind spots before changing lanes or making turns.
Improper Lane Changes: Making unsafe or illegal lane changes.
Disregarding Traffic Signals: Ignoring traffic lights, stop signs, and other traffic control devices.
Unsecured Loads: Failing to properly secure cargo, leading to spills or shifting loads that can cause accidents.

Evidence Needed to Prove Negligence

Gathering and preserving evidence is essential for building a strong truck accident case. Here are some key types of evidence that can help prove negligence:

Police Report: The police report is one of the most critical pieces of evidence in a truck accident case. It provides an objective account of the accident, including: The date, time, and location of the crash, Descriptions of the vehicles involved, Statements from drivers, passengers, and witnesses, Preliminary assessments of fault, Any citations issued at the scene.
Photos and Videos: Visual evidence can be incredibly persuasive in proving negligence. Photos and videos help recreate the accident and establish key details, such as: The condition of the vehicles after the crash, Skid marks or debris on the road, Weather and road conditions at the time of the accident and Traffic signs, signals, or other environmental factors.
Witness Statements: Statements from eyewitnesses can provide valuable insights into how the accident occurred and who was at fault.
Truck Driver Records: These records include the driver’s logbook, driving history, training records, and medical certifications. They can reveal violations of hours-of-service regulations, a history of unsafe driving, or a lack of proper training.
Electronic Logging Device (ELD) Data: ELDs record data such as speed, braking patterns, and hours of service. This data can provide important insight into the truck driver’s actions and whether mechanical issues contributed to the crash.
Truck Maintenance Records: Maintenance and inspection records can demonstrate whether the truck was properly maintained. A failure to repair faulty brakes, tires, or other critical parts can show negligence on the part of the trucking company.
Cargo Loading Documents: These documents can help determine if improper loading contributed to the accident.
Expert Testimony: Accident reconstruction experts, medical professionals, and trucking industry experts can provide valuable testimony to support your claim.

The Role of Expert Witnesses

Expert witnesses can play a vital role in truck accident cases, offering specialized knowledge and analysis that can help prove negligence and liability. Some common types of expert witnesses include:

Accident Reconstruction Experts: They analyze crash evidence from the accident scene to create an accident reconstruction that provides a straightforward narrative of how the accident occurred.
Medical Experts: They explain your injuries, necessary treatments, and how the accident impacts your daily life. In accidents involving large trucks, doctors and other medical experts can help demonstrate why you deserve compensation and even the types of compensation you deserve.
Trucking Industry Experts: These experts assess issues such as compliance with industry rules, like hours of service laws, evaluate truck maintenance, driver training, and whether personnel loaded the truck correctly to uncover negligence or violations.
Financial Experts: These professionals calculate your losses, including lost wages, medical expenses, and future costs.

Who Can Be Held Liable?

In a truck accident case, multiple parties may be held liable for negligence, including:

The Truck Driver: The most obvious liable party in any auto accident claim is the driver.
The Trucking Company: The trucking company could be negligent in hiring practices, training, or supervision.
The Vehicle Manufacturer or Parts Supplier: The vehicle manufacturer or parts supplier might be liable if mechanical failures contributed to the crash.
Maintenance Contractors: Maintenance contractors could be responsible for failing to properly service the vehicle.
Cargo Loading Companies: Cargo loading companies might face liability for improperly secured loads that caused instability.

Understanding the Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In California, the statute of limitations for filing a truck accident claim is two years from the date of the crash. Many states have a general statute of limitations of 2 years, but this is not always the case. Some states have shorter or longer statutes of limitations, and some may use different time limits for different types of claims. Missing this deadline could prevent you from recovering compensation for your injuries and damages.

Factors Influencing Settlement Amounts

Several factors can influence the amount of compensation you may receive in a truck accident settlement, including:

Severity of Injuries: The extent of injuries suffered in a truck accident significantly affects compensation. More severe injuries that require extensive hospitalization, surgery, rehabilitation, or long-term care result in higher compensation.
Medical Expenses: The duration of medical treatment directly impacts settlement value.
Lost Wages: You can receive compensation for lost wages.
Pain and Suffering: Non-economic damages, such as pain and suffering, also impact the settlement.
Liability and Negligence: Establishing fault is crucial for maximizing truck accident compensation. If the truck driver, trucking company, or another party acted negligently, their liability directly impacts the final settlement.
Insurance Policy Limits: Trucking companies usually carry higher insurance coverage than standard vehicles, but there are limitations.

Navigating Trucking Regulations

Trucking companies and drivers must adhere to a complex web of federal and state regulations designed to ensure safety on the roads. These regulations cover various aspects of the trucking industry, including:

Hours of Service (HOS) Regulations: Limits on the number of hours a driver can operate without rest to prevent fatigue-related accidents.
Vehicle Maintenance & Inspections: Regular inspection and repair schedules to keep trucks roadworthy.
Driver Qualification & Training: Ensuring drivers meet licensing requirements and receive ongoing safety training.
Electronic Logging Devices (ELDs): Mandated tracking systems for recording driving hours and breaks.
Drug and Alcohol Testing: Trucking companies are required to conduct regular drug and alcohol testing for their drivers.
Weight and Load Limits: Trucks must adhere to weight and load limits set by local and federal authorities.

How a Truck Accident Lawyer Can Help

Proving negligence in a truck accident case can be complex and challenging. An experienced truck accident lawyer can help you by:

Conducting a thorough investigation of the accident.
Gathering and preserving critical evidence.
Working with expert witnesses to analyze the evidence and support your claim.
Negotiating with insurance companies to reach a fair settlement.
Representing you in court if necessary.

By understanding the elements of negligence, gathering the necessary evidence, and seeking the help of a qualified attorney, you can increase your chances of recovering the compensation you deserve after a truck accident.