You're probably grappling with tough questions if you’ve been injured in a trucking accident. Why did this happen? Who’s responsible? And most importantly, how do you seek justice? These are complex questions, but one piece of the puzzle may lie in trucking companies' role in causing or preventing accidents.
Understanding how these companies operate, their responsibilities, and the potential causes of truck accidents can help you better understand your situation.
The Role of Trucking Companies in Safety
Trucking companies are a central figure in road safety. By federal law, they’re responsible for ensuring their operations don’t endanger drivers, passengers, or pedestrians. But what does this responsibility really mean?
Maintaining Safe Vehicles
The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to maintain their fleets in safe working condition. This includes regular inspections, repairs, and replacing worn-out parts. A failure to do so can lead to catastrophic mechanical failures, such as brake malfunctions or tire blowouts.
For example, imagine a truck traveling at 65 mph on the highway. If its brakes fail, the chances of a deadly chain-reaction accident soar. Studies have shown that brake-related issues are involved in a significant percentage of large truck crashes.
Hiring and Training Qualified Drivers
Trucking companies are also responsible for vetting and training their drivers. They should hire individuals who meet strict requirements, including possessing a valid commercial driver’s license (CDL) and having the skills to handle large vehicles safely.
Beyond hiring, companies need to provide ongoing training to ensure drivers follow safety protocols and understand how to manage risks like poor weather or heavy traffic. A failure in this area might mean inexperienced or poorly trained drivers are behind the wheel of vehicles weighing up to 80,000 pounds.
Setting Reasonable Schedules
Deadlines are a major factor in trucking operations. Companies often push drivers to meet tight schedules, which can backfire by encouraging dangerous behaviors. Drivers may speed, skip mandatory rest breaks, or drive for longer than federal Hours of Service (HOS) regulations allow. Fatigued or reckless driving can put everyone on the road at risk.
Common Causes of Truck Accidents
While individual drivers are often blamed for accidents, the role of the trucking company is frequently a factor. Below are some common causes of collisions involving large trucks and how company negligence can play a role.
Poor Maintenance
We mentioned brake failures earlier, but there’s more to it. Routine maintenance issues like faulty steering systems, weak suspension, or dim tail lights can snowball into accidents. If a company neglects to perform regular inspections, they are essentially rolling the dice with public safety.
Driver Error or Fatigue
While drivers are on the frontline, the company’s scheduling and training policies often influence their decisions. Unrealistic delivery deadlines or a lack of proper oversight can lead drivers to prioritize speed over safety, resulting in mistakes on the road.
Overloaded or Improperly Loaded Cargo
Trucks carrying excessive or uneven loads are harder to control and more likely to roll over on sharp turns or steep slopes. Securing cargo properly is critical, and the company’s responsible for ensuring compliance with weight and load regulations.
Negligent Hiring Practices
If a trucking company skips background checks or ignores a candidate’s poor driving record, they’re taking a significant gamble. Hiring unqualified drivers increases the likelihood of accidents and can place blame squarely on the company.
How Can Victims Seek Justice?
Unfortunately, trucking accidents often result in severe injuries or fatalities due to the sheer size and force of these vehicles. If you or a loved one has been injured in a commercial truck accident, you have a right to seek compensation. Here’s how you can start.
Step 1: Identify All Potentially Liable Parties
Determining fault in a trucking accident can be complex. Truck drivers, trucking companies, maintenance providers, and even manufacturers can share responsibility, depending on the circumstances. An attorney will investigate every angle to pinpoint who is liable.
Step 2: Gather Evidence
Your attorney will collect vital evidence to support your case, such as maintenance logs, black-box data (which records a truck’s speed and braking), and driver schedules. Witness statements and crash reconstruction reports are crucial in establishing negligence.
Step 3: Pursue Compensation
Victims of trucking accidents often face enormous medical bills, lost income, pain, and suffering. A seasoned personal injury attorney can help you pursue a settlement that accounts for both economic and non-economic damages. Sometimes this means negotiating with insurers, while other times it involves taking the case to court.
Why Legal Help Matters
Taking on a trucking company or its insurer can be intimidating. These entities often have deep pockets and aggressive legal teams tasked with minimizing payouts. However, this doesn’t mean you’re powerless.
A skilled personal injury attorney understands trucking companies and insurers' tactics. They’ll fight for your rights, ensuring you’re treated fairly and that those responsible for your accident are held accountable.
It’s worth noting that trucking accident cases are often more complex than standard car accident claims. Having a legal expert on your side can make all the difference in navigating this challenging process.
Kansas City Truck Accident Attorneys
If you are a fleet manager in Kansas City, MO, seeking expert guidance on navigating these diverse challenges, consider reaching out to Shamberg, Johnson & Bergman. Our seasoned attorneys are equipped to provide personalized insights into minimizing legal risks and ensuring regulatory compliance. Connect with us today to embark on the journey towards safer and more efficient trucking operations. Contact us today at (816) 542-5999 to get started.