Negligent Trucking Company Accidents
Request Free ConsultationCommercial trucks can weigh up to 80,000 pounds when fully loaded. They loom over smaller passenger vehicles, which weigh an average of only 4,000 pounds. This leaves motorists vulnerable to serious or catastrophic injuries in an accident. Because 18-wheelers and other large trucks are critical to our nation’s supply chain but pose a danger to other motorists sharing the road, trucking companies have a legal obligation to follow the safety regulations set by the Federal Motor Carrier Safety Administration (FMCSA) and to take all reasonable measures to avoid causing accidents. When a negligent trucking company fails to follow regulations or practice due diligence, the company is at fault for the accident and liable for an injury victim’s damages in an accident claim. However, they won’t go down without a fight. Contact our Kansas City truck accident lawyer to help recover your rightful compensation.
What Important FMCSA Regulations Help Prevent Truck Accidents?
Trucking companies must carefully adhere to all FMCSA regulations, including those that are critical components of highway safety. Violations of any of the regulatory requirements below can result in a serious accident:
- Hiring well-qualified drivers, monitoring them for traffic violations, performing random drug tests, and providing ongoing training
- Enforcing FMCSA limits on a trucker’s driving hours and ensuring that their drivers maintain meticulous logbooks of their driving hours
- Keeping trucks well-maintained and enforcing regular inspections, repairs, and maintenance record-keeping
- Hiring or contracting experienced freight loaders and ensuring that cargo is properly secured and well-balanced
- Enforcing legal weight limits
Negligence in any aspect of trucking can have serious consequences for others on the road.
What Types of Trucking Accidents Occur Due to Trucking Company Negligence?
Although sometimes an investigation reveals other parties that caused or contributed to a truck accident, such as a negligent road maintenance agency that failed to repair potholes or clear foliage away from a traffic sign, in most cases, a trucking company’s negligence causes truck accidents, including the following types:
- Distracted driving accidents due to negligent driver training or monitoring
- Drowsy driving accidents due to driving hour violations or unrealistic delivery schedules
- Tire blowouts caused by worn tires
- Jackknife accidents caused by an inexperienced driver or unbalanced load
- Rollover accidents caused by an improper turn or sudden swerve
- Sideswipes due to unsafe lane changes or improper merging
- T-bone accidents caused by a driver’s failure to yield the right of way
- Head-on collisions caused by deviating out of a lane on a two-way road while speeding around a curve
- Rear-end collisions from tailgating or failing to leave adequate following distance
- Accidents caused by spilled cargo
- Accident caused by faulty equipment or a neglected maintenance or repair issue
Deadly underride and override accidents also sometimes occur due to a trucking company’s negligent hiring, training, or maintenance.
Proving Liability for a Negligent Trucking Company Accident
When an accident occurs due to a trucking company’s failure to follow FMCSA regulations, the injury victim has the burden of proving negligence and liability to recover their damages. Proving a trucking company liable for damages requires documenting evidence of the following:
- That the trucking company owed a duty of care to take all reasonable actions to prevent accidents and injuries
- They breached this duty of care through negligence
- Their negligent breach of duty directly caused injury
- The injury victim suffered economic and non-economic damages from the accident
Damages in truck accidents can quickly escalate, often including medical expenses, lost earnings, diminished quality of life, and pain and suffering.
How Can a Truck Accident Lawyer in Missouri Help?
Trucking companies and their powerful insurance providers resist admitting liability and commonly dispute or deny claims. A Kansas City injury attorney protects their client’s best interests by gathering and presenting evidence of liability and a carefully calculated list of damages to maximize the compensation their client recovers in a claim or lawsuit. Call Miller & Hine today for skilled legal counsel in your Missouri truck accident case.