Truck Driver Negligence

Proving Driver Negligence in a Truck Accident claim

Negligent conduct on the part of a truck driver presents a particularly hazardous situation for other motorists on the road. Defined as an act or inaction that constitutes a failure to act with proper care in the circumstances, negligence may take on many forms. A truck driver may speed, may drive under the influence of alcohol or drugs or may drive in a generally reckless, aggressive or careless manner. This can easily lead to a catastrophic collision that causes serious injuries or claims the lives of other drivers and passengers.

Working with a truck accident lawyer is important if you were injured due to truck driver negligence or wrongdoing of any kind. At Arnold & Itkin LLP we can offer you a free consultation with a knowledgeable and friendly member of our team. We are highly experienced in handling truck accident claims for clients throughout the U.S. and are prepared to put our considerable resources to work for you as we investigate and prove the cause of your accident.

Truck Drivers Have a Responsibility to Other Drivers

State and federal regulations establish very specific duties that big rig and other commercial truck drivers owe to motorists, motorcyclists and pedestrians. For instance, truck drivers must refrain from operating a commercial vehicle when their ability to drive is impaired by fatigue, illness or some other condition, including drug or alcohol use.

The trucker also has an obligation to inspect the tractor-trailer and make sure that cargo has been properly loaded and secured. Many commercial truck accidents are caused by a defective part malfunctioning while the 18-wheeler or big rig is traveling at full speed or by a load spilling off the back of the truck.

If a truck driver ignores unsafe conditions, he or she may also be held responsible for injuries to others. Regulations mandate that truckers use caution and reduce speed when driving in hazardous conditions, such as snow, ice or rain.

When a tractor-trailer breaks down, the driver may also face liability for negligence if he or she fails to follow rules on warning other drivers. Among the steps that a truck driver must take under these rules are turning on warning-signal flashers and putting warning markers at both the front and rear of the truck.

How a Truck Accident Attorney Can Help

When our client has been involved in an 18-wheeler accident, our truck accident attorneys will investigate the truck driver's history. Because of our extensive experience in handling these cases, we know what information to seek from the truck driver and the trucking company, such as drug and alcohol test results, driver logs, inspection records, company memos and other documents that can serve as evidence of negligence. Because trucking companies are required by state and federal laws to maintain records for only certain lengths of time, it is important to move quickly and strategically to obtain this information.

Do not waste any time in retaining the services of an attorney who can help you prove negligence and legal accountability so you can seek maximum financial compensation.

Contact a truck accident attorney at Arnold & Itkin LLP today.