How Negligence Causes Truck Accidents

After a commercial truck accident, among the most important questions to resolve are who caused the crash and who will be financially responsible for your losses. Most truck accidents result from the negligence of one or more parties, such as the truck driver, the trucking company, or the shipper that loaded the cargo.

If you have suffered significant injuries in a truck accident, determining how the accident occurred may require a thorough investigation by knowledgeable truck accident attorneys. Don’t delay in contacting Craig, Kelley & Faultless LLC for a free case review with a truck accident lawyer. Two attorneys on our highly accomplished legal team have earned board certification from the National Board of Trial Advocacy in the practice area of commercial truck accident law.

We can identify the cause of the semi-truck accident and help you pursue the full and fair compensation you deserve following a truck crash caused by someone else’s negligence. Keep reading to learn more about the role negligence plays in truck collisions.

What Negligence Means in a Truck Accident

In a truck accident, negligence determines what party can be held legally responsible for compensating accident victims who have suffered injuries and vehicle damage. Negligence is often defined as the failure to act responsibly and exercise the care that reasonably prudent parties would exercise under similar circumstances. For example, a commercial truck driver has a legal responsibility to take reasonable precautions, obey speed limits and follow traffic regulations to avoid endangering other motorists sharing the road.

Causes of Truck Accidents

The common causes of truck accidents include:

• Truck driver error or inattention
• Careless or reckless behavior by a truck driver
• Insufficient driver training
• Unsafe cargo loads
• Inadequate truck maintenance leading to mechanical failure
• Design or manufacturing defects in a truck or in parts used in the truck
• Failure to reduce speed in adverse weather conditions
• Poor road conditions, such as potholes and broken pavement, debris in the roadway

Types of Negligence in Truck Accidents

Negligence can take many forms in a truck accident. Some of the types of negligence that can lead to a truck accident include:

• Speeding
• Tailgating
• Reckless driving
• Driving while fatigued or drowsy
• Driving too fast for conditions
• Driving under the influence of alcohol or drugs
• Being distracted by the use of a cell phone, a CB radio, or by eating and drinking or grooming
• Late braking to stop for traffic
• Unsafe lane changes, including failing to signal or check mirrors and blind spots
• Unsafe turns, including failing to signal, taking a wide right turn, or failing to yield to oncoming traffic when making a left turn
• Failing to secure cargo
• Failing to conduct mandatory truck inspections before getting on the road
• Failing to conduct required maintenance

Elements Required to Establish Negligence in a Truck Accident

To prove that a truck driver, trucking company, or another party caused a truck accident as a result of their negligence, you will need to establish four separate elements.

First, you must show that the negligent party owed you a duty of care under the law. For example, a truck driver owes a duty of care to others on the road to operate their vehicle in a safe and lawful manner. Similarly, trucking companies have a legal duty to comply with all laws and regulations governing commercial trucking and to ensure that their vehicles are safely operated on the road. Truck or auto part manufacturers have a legal responsibility to ensure the products they produce do not have dangerous design or manufacturing defects.

Next, you must show how the at-fault party failed to uphold their legal responsibility. Was the truck driver speeding or driving in an unsafe manner? Did the trucking company or freight company fail to load cargo properly onto the truck? Did the truck have faulty components such as defective brakes?

Most importantly, you must prove how the breach of the duty of care caused the accident and your injuries. For example, if the truck driver was speeding, you will need to demonstrate how the excessive speed caused the crash.

Finally, you will need to show that you have suffered injuries or losses that can be made whole through financial compensation.

Damages You Can Claim from the Negligent Party in a Truck Accident

If you have been involved in any type of truck accidents, you may be entitled to claim compensation from the party or parties whose negligence caused the accident. This compensation can include expenses and losses you have suffered, such as:

• Costs of medical treatment and physical rehabilitation
• Costs of long-term care for disabilities caused by the injuries you suffered in a truck accident
• Repair costs for your vehicle, or the cash value of your vehicle if it was totaled in the crash
• Lost wages or income if you had to take time off work to recover from the accident
• Loss of earning ability if your disabilities permanently prevent you from returning to work
• Physical pain
• Emotional trauma and distress caused by the accident and your resulting injuries or disabilities
• Loss of quality of life due to scarring/disfigurement, or due to physical disabilities that interfere with daily activities

Partial Negligence in a Truck Accident

If you believe you may have been partially responsible for causing a truck accident that you were involved in, you may wonder whether you may be entitled to pursue a claim for compensation for the injuries you sustained. You still may have a right to seek compensation.

Indiana uses a legal doctrine called the modified comparative negligence rule. Under this rule, an injured accident victim is not precluded from pursuing a legal claim for compensation just because the victim was partly at fault for causing the accident. However, a truck accident victim may only bring a claim for compensation as long as they bear less than 51 percent share of fault for the accident and their own injuries.

If you are partly at fault for a truck accident, then any compensation you may receive through a truck accident injury claim would be reduced in proportion to your share of fault.

For example, if you are entitled to $100,000 in compensation for injuries and losses in a truck accident, but it is determined that you bear 25 percent of the fault for the accident, then your compensation will be reduced by $25,000 to reflect your share of responsibility for your losses.

Talk to a Truck Accident Lawyer Today

If you have been hurt in a truck accident caused by someone else’s negligence, call Craig, Kelley & Faultless LLC at (800) 746-0226 or contact us online for a free, no-obligation consultation with a compassionate truck accident lawyer. Learn about your rights and options for holding those at fault accountable for your injuries and losses.