A number of trucking roadside accidents resulting in fatalities, serious injuries, and extensive property damage are due to negligence by commercial motor vehicle drivers. While driver negligence can cause numerous types of accidents, the Texas Department of Transportation’s records reveal that in 2015 there were thousands of death in Texas due to driver negligence. A negligent action requires evidence that commercial truck driver failed to exercise the duty of care that was owed to the victim which consequently injured or killed an individual and that these damages are capable of being compensated in accordance with the law. This entry will briefly explore the various types of commercial motor vehicle driver negligence.
Regulations Regarding Driver Negligence
In accordance with rules established by the Federal Motor Carrier Safety Administration, commercial motor vehicles must be sure to avoid driving while fatigued, carry up to date inspection records of the vehicle, make all necessary repairs to the vehicle, properly load and secure cargo, and meet all requirements to drive the vehicle. In addition to the many regulations established by the Federal Motor Carrier Safety Administration, commercial motor vehicle drivers must also follow the same traffic laws as other drivers.
Commercial motor vehicle drivers must not only meet a variety of regulations, employers who own the commercial vehicle also must demonstrate responsibility in operating the motor vehicles which includes hiring drivers with adequate experience, sufficiently training drivers, prohibit disqualified drivers from driving, and using reasonable deadlines to prevent creating negligent drivers. For example, trucking companies might be held responsible for creating incentives for drivers to violate driving regulations like failing to take mandatory ten hour breaks after driving eleven hours.
Common Types of Driver Negligence
Several types of events due to driver negligence most commonly occur, which include:
- Failure to Obey Traffic Laws. Negligent commercial truck drivers tend to not obey posted warnings and road signs, which results in drivers endangering both themselves and other motorists.
- When commercial truck drivers operate commercial motor vehicles while fatigued, drivers lose the ability to quickly respond to situations that might arise quickly. Drivers might also fall asleep, which could cause substantial destruction.
- Inappropriate Loads. Truck drivers who are in a hurry might improperly load cargo, which can later fall onto the road creating hazards for other motorists.
- Left Turns. Commercial motor vehicles require more room than other, smaller vehicles to make turns. Drivers who fail to adequately make room for left turns can cause injuries to vehicle and potentially fatalities.
- Rear-End Collisions. Truck drivers who are fatigued or fail to maintain a proper distance from other vehicles tend to collide with the backs of other vehicles.
If you or a loved one has been injured in an accident involving driver negligence, contact our law firm. Call 409-838-1000 or email our lawyers to schedule your free initial consultation.