When Trucking Company Negligence Leads to a Truck Accident
Posted on behalf of Phillips Law Group on Jun 07, 2019 in Auto Accidents
Negligent truck companies can cause accidents due to hiring unqualified drivers, inadequate vehicle maintenance, inspections and repairs as well as being non-compliant to federal regulations. These and several other reckless acts can seriously injure drivers, passengers and others sharing the road.
If you have been in a truck accident due to negligence, you should consult with a skilled Phoenix truck accident attorney lawyer at our firm for help with your case. We can explain the different ways a trucking company, in addition to the driver, could be liable for your injury.
Hiring Unqualified Drivers
Trucking companies are trying to fill the rush of hiring new employees because there is such a severe lack of drivers in the country. However, in this rush, companies are sending drivers out on roads without enough training. Other employees do not have the experience with larger vehicles and may incur multiple traffic violations. If the driver does not have the proper license, qualifications or understanding of laws and guidelines across the country, the company can be legally responsible for these offenses.
Hiding or Failing to Report Driver Violations
There are numerous violations that unqualified or untrained drivers can incur when traveling throughout Arizona and across state lines, including the following:
- Driving under the influence of drugs or alcohol
- Safety violations such as speeding or running red lights
- Inadequate sleeping and rest periods
- Truck hauls over the weight limit
It is often the trucking company that will participate in or encourage these dangerous habits if the driver is new or turns a blind eye when the truck driver commits a violation.
Inadequate Truck Maintenance and Inspection
Proper inspections and maintenance of trucks are required to prevent failures of mechanical systems such as the brakes and to avoid possible improperly adjusted items on the vehicle. There are some defects the company can discover when routinely inspecting the truck along with other items that may need replacement such as tires or brake pads.
Maintenance demands periodic inspections but when the entity fails to comply with this requirement and an accident occurs, the company is usually found liable and responsible for damages. Maintenance and inspection issues can also uncover improperly loaded trailers, beds that need replacement because of degradation over time and rusty or old parts.
Being Noncompliant with Federal Regulations
Federal regulations require that the trucking company hiring drivers provides standard times for rest, sleep and breaks. Depending on the weekly hours, the trucker must have downtime to rest and get away from the vehicle. Fatigued truck drivers can experience the following:
- Drowsiness or sleepiness
- Distractions in the cab
- Jittery nerves from too much caffeine to stay awake
- Headaches and health issues
- Impaired judgment and slower reaction time
When the trucking company is responsible for the lack of following federally mandated guidelines, it can become liable for damages and be responsible for compensation payouts to the injured parties.
Failing to Ensure Trucks are Properly Loaded
Properly loaded trucks may require measuring and rechecking all straps and equipment. If the truck does not have the right balance or secured cargo, it can fall off or cause the truck to roll over. The truck may jackknife and cause a serious accident that may result in serious injuries or even death in catastrophic cases.
Contact Our Legal Team to Discuss Your Rights
After a trucking accident, you or a loved one may need to file a claim after suffering injuries, and you can count on Phillips Law Group to remain by your side. We will calculate damages based on the specific circumstances of your accident. We will explain to you the elements of negligence and how the trucking business may be held liable.
Get started on your case by scheduling a free consultation. There are no costs involved unless we help you obtain favorable compensation.