Most accidents on the road are caused by driver negligence. Road safety rules in Kentucky require that motorists observe a reasonable level of care and responsibility to avoid inflicting injuries on other road users.
Sometimes truckers bend or ignore these rules, especially those regarding loading, observing traffic signals, speed limits, and sobriety while behind the wheel. Consequently, they end up causing or finding themselves in a car wreck, whose victims could include you or someone you love.
Anyone injured by a commercial or semi-truck can file an accident injury compensation claim, but the success of the case will depend on whether or not they can prove that the truck driver’s negligence was to blame for the crash. So what exactly proves negligence by a truck driver? At Flora Templeton Stuart Accident Injury Lawyers we represent victims injured by truck driver negligence.
WHAT YOU’LL READ IN THIS BLOG:
- Who’s The Victim in Most Trucking Accidents? Proving a Truck Driver Was Negligent
- Prove They Violated Federal Trucking Regulations
- Pinpoint Distracted Driving
- Consider Fatigued and Careless Driving
- Demonstrate Overspeeding
- Hit Hard On Drunken Driving
- Show The Truck Was Faulty
WHO’S THE VICTIM IN MOST TRUCKING ACCIDENTS?
It might be a pedestrian, another motorist, a cyclist, or even a passenger in the truck that caused the crash. Depending on the seriousness of the crash, such victims often suffer various hardships, including physical pain from the injuries sustained, trauma, and financial suffering from the impact of the accident on their lives.
But there are Kentucky laws in place to punish such drivers and compensate the victim for the injuries suffered. As a victim of a truck driver’s negligence on the road, you maybe eligible to claim compensation for pain and suffering, loss of wages, or any injuries sustained during the accident.
PROVING A TRUCK DRIVER WAS NEGLIGENT
Just like in most other cases involving car accidents, it is not always an easy task to prove a truck driver guilty of negligence. It can be a complex and overwhelming task whether the case goes to trial or you’re looking to settle it out of court. Moreover, many trucking companies usually work with giant insurance companies, so you can expect their underwriters and lawyers to put up a sizable fight in an attempt to reduce your claim as much as possible if not deny it.
This is all the more reason to have a reliable and experienced attorney with a high win rate on your side when approaching these cases. They know exactly what to look for and present to the court as far as proving negligence in a trucking accident case is concerned.
All the same, the following pointers highlight some ways you can prove truck driver negligence and have them brought to book for their actions.
PROVE THEY VIOLATED FEDERAL TRUCKING REGULATIONS
Commercial truck drivers are perceived to be some of the most ruthless drivers on the road. Remaining vigilant and alert while behind the wheel will be prudent. The truck and or commercial drivers are duty-bound to observe and maintain laid down rules and regulations on the road. The rules state how drivers should sensibly execute their jobs. If a truck driver is found guilty of violating these rules, then it can be deemed as an act of negligence.
PINPOINT DISTRACTED DRIVING
Truck drivers’ negligence can exhibit in so many ways. One is driving under the influence of alcohol or other toxicants. Thorough investigation from the authorities and a police report are always vital to prove the negligence of the driver.
You can also help prove the driver negligent by taking photos of your car, the truck, and the accident scene generally immediately after the accident occurs. Also, you may need to prove that the truck driver was on the phone before the accident and hence could not keep their eyes on the road. This could be obtained from their telecom provider’s records, but the courts or local authorities may have to grant permission for this.
CONSIDER FATIGUED AND CARELESS DRIVING
Thousands of trucks drive through our roads every day. Some transport foodstuff, agricultural products, cars, equipment and the like. Most of them drive for long hours traversing different states and countries. Delivery time pressures and long trips may push them to overwork with minimal hours of rest and sleep, often inviting fatigued driving.
You see, fatigued drivers can be dangerous behind the wheel. They can easily cause a road accident. Sharing a video of the truck driver veering in and out of lanes carelessly without signaling, for instance, can help a great deal in proving negligence.
For several reasons, truck driving is one of the most demanding jobs one can undertake. Truckers often have strict delivery deadlines and a myriad of other conditions to meet from their employers. Not to mention the aspect of driving for long hours or miles without resting, this compels some truckers into leveraging on speed.
Now, as much as such a driver might make it to their destination on time, the consequences of overspeeding can sometimes be catastrophic. Some sources of proof that the trucker was overspeeding may include:
- Traffic surveillance footage
- Testimonies from witnesses at or near the accident scene
- Dashcam recordings from nearby cars or those involved in the crash
- Physical evidence at the scene ( such as skid marks or road debris)
- The official police report
HIT HARD ON DRUNKEN DRIVING
Driving under the influence is an outright legal offense. Whether on drugs or alcohol, it is prohibited since you endanger the lives of other motorists and pedestrians on the road. This is perhaps why truckers or commercial drivers face harsher DUI penalties when caught by law enforcement.
To prove the negligence of a truck driver, you need to lay evidence that their alcohol content in blood was beyond the permitted legal limit. You can do this with the assistance of a lawyer and provide a random alcohol test on the day of the collision. Other pieces of crucial evidence for this may include:
- The truck driver refused to take a Breathalyzer
- Accounts of slurred speech, red ort watery eyes, and dilated pupils after the crush
- Witness accounts that driver couldn’t stand up straight
- The smell of alcohol or drugs from breath or in the car
- Physical evidence like alcohol bottles in the car
- Other symptoms of intoxication like slurred speech,
SHOW THE TRUCK WAS FAULTY
Especially with unbalanced cargo, the magnificent size of a truck can pose a major threat to the driver and other road users. But a truck with poorly maintained brakes, dysfunctional headlights, or worn-out tires can be a recipe for disaster – It can cause a catastrophic accident. If you can prove a truck driver was driving in a mechanically faulty car, then he or she can be charged for negligence.
Injured by a Big Truck?
Negligence by commercial drivers is intolerable, and no one can agree more to this than victims of trucking accidents. If you or a loved one has been injured in a truck collision, nothing can ever be enough to reward you adequately for the damages suffered. However, receiving justice and fair financial compensation for your suffering can help ease your struggles by providing peace of mind alongside financial relief.
The process of proving a trucker’s negligence can be quite a hustle, but not when you have a decorated injury attorney in your corner. A good lawyer will not only help you prove the trucker’s negligence, but they will also walk with you through the entire legal process, ensuring you finally receive the compensation you deserve.