In many cases of truck driving accidents, truck driver negligence can be to blame. In such cases, these cases can be very complex compared to accidents involving passenger cars. Federal laws may be factored into the case, and there is generally more evidence that may be obtained such as a driver’s logbook, onboard recording device or personnel file.
Such evidence, along with help from a Long Island, NY truck accident attorney, may help determine and establish the cause of the accident so any victims may file a claim against a negligent truck driver.
Types of Truck Driver Negligence
Truckers are known to travel great distances for long periods of time. Because of the risks associated with fatigue, the Federal Motor Carrier Safety Administration (FMCSA), who oversees the trucking industry, has implemented strict rules for how many hours a driver can operate a truck. A Long Island, NY truck accident attorney can go over whether these regulations may have been violated.
Drowsy driving could be one type of truck driver negligence that causes a truck driving accident. If there are deadlines to meet in picking up or dropping off a load, some drivers may exceed the speed limit. This is another type of negligence.
It is especially dangerous for a vehicle of such a large size and weight to be traveling at a high rate of speed, as there is the risk of losing control and possibly overturning or jackknifing. Jackknifing is when the truck stops short or swerves and the rear of the truck swings around toward the front, closing like a jackknife blade, essentially.
It is also more difficult for a truck to stop, so if the driver has to suddenly brake, he or she could end up slamming into a vehicle in front. A trucking company may be found negligent if it required drivers to exceed allowable hours or to drive unsafely to meet a deadline.
A driver may also be considered negligent if there is a lack of training associated with a truck driving accident. Motor carriers who take shortcuts to quickly train employees may allow a driver to get behind the wheel before ready. Or it could be that the driver lacks the proper skills, sometimes the result of a poor driving history.
Driver impairment is another type of truck driver negligence that could be to blame for a truck driving accident. Not only in the way of alcohol or street drugs, but some prescription medication could be dangerous to take while operating a vehicle.
Truck driver negligence may also be established if the driver violates a traffic law:
- going through a red light;
- driving through a stop sign;
- failing to give the right-of-way;
- not checking for blind spots; and
- changing lanes without signaling.
Finally, drivers have a responsibility to ensure the loads they are transporting are safe. This means making sure they are properly secured and balanced. The same is true with checking the condition of the cab and trailer. If a driver’s or trucking company’s negligence is suspected, a Long Island, NY truck accident attorney can help pursue compensation through an accident claim.
Seeking Long Island, NY Truck Accident Attorney Help to Prove Truck Driver Negligence
Some types of evidence might help prove another party was responsible for the accident:
- copies of the driver’s logbook or data;
- an electronic onboard recording device;
- police report;
- photographs of the accident scene and damaged vehicles; and
- statements provided by witnesses.
Those who need help establishing liability after a truck driving accident, may speak with a Long Island, NY truck accident attorney who handles these complicated cases. A lawyer can help victims of a truck driving accident establish truck driver negligence to recover compensation for damages.
