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Commercial Truck Accidents: Determining if Negligence Was a Factor

| Aug 4, 2016 | Truck Accidents

Each year, approximately 110,000 people are injured in commercial truck accidents. Another 3,900 are killed. A large percentage of those victims are other drivers, bicyclists, motorcyclists, and pedestrians. When negligence is a factor, victims and their families have a right to seek compensation. However, not all semi accidents are caused by negligence. Know how to tell the difference and what steps to take if you or someone you love is injured or killed in a commercial truck crash.

Common Types of Negligence 

Negligence in commercial truck accidents may not be limited to just the driver. The trucking company, maintenance crew, loading crew, or others may also act negligently and place the life of the driver and other road users at risk. This can make it exceptionally difficult to identify the exact nature and cause of a semi-truck accident. However, victims can improve their chances of determining if negligence was a factor by knowing the most common types, including:

  • Intoxication of the driver;
  • Aggressive or reckless driving (tailgating, unnecessary lane changes, intimidating or threatening other drivers, speeding, etc.);
  • Violations of local or state traffic laws and/or FMCSA regulations;
  • Driving too fast for traffic, road, or weather conditions;
  • Improper loading of cargo;
  • A company failing to randomly test drivers for drug and/or alcohol use;
  • Untrained, unlicensed, or unqualified drivers; and
  • Inadequate maintenance or inspection of the vehicle or its cargo.

When You Suspect Negligence

Some forms of negligence are obvious. For example, a driver who is intoxicated will likely be noticed by emergency response teams, or even the victim and witnesses. However, many other types of negligence are difficult to detect. An investigation may be needed to establish proof. Often, this involves the gathering of witness statements, help from accident reconstruction experts, an in-depth examination of logbooks and/or maintenance and inspection records, and more. To ensure that every angle is considered and that the investigation is conducted in a thorough and efficient manner, it is critical that you have an experienced attorney on your side.

At Martinez & Schill LLP, we understand how catastrophic a collision with a commercial truck can be. Our experienced San Diego, California truck accident attorneys also know just how complicated these cases can be. Committed to getting you and your loved ones the compensation you deserve, we have the skills and resources needed to effectively pursue compensation for your injuries and we will work hard to ensure that all negligent parties are held responsible. Call 619-512-5995 and schedule a consultation with us today.