Truck Driver Negligence

In the majority of truck accidents, the truck driver could have and should have done something differently. The Greene Law Firm, PLLC can help explain what went wrong and what should have happened. Many collisions occur because the truck driver is speeding, careless, distracted or violating traffic laws. Another frequent issue involved in driver negligence is the issue of impaired driving. Clearly a driver of a commercial motor vehicle is impaired if he is driving under the influence of illegal drugs or alcohol. However, oftentimes, the driver of a commercial motor vehicle can be impaired as a result of taking prescription drugs or narcotics

Proving Truck Driver Negligence

Following a serious truck collision, it is important to determine how the impact occurred, which includes determining the following:

  • which part of the vehicles collided
  • the direction of travel for both vehicles
  • where on the road the vehicles collided
  • the speed of the vehicles
  • the amount of braking, if any, performed prior to impact

Many times this information can be obtained from the black box on the truck. However, it can also be beneficial to record this information by using engineers, professional investigators, and accident reconstructionists. These experts can evaluate the scene of the collision, the vehicles, and documents to determine the nature of the collision and reach conclusions concerning the accident.

Causes of Truck Collisions

Ultimately, it is important to determine why the collision occurred and determine if the truck driver was at fault for the collision. The following examples of truck driver negligence can contribute to serious injuries or death:

  • Following too closely
  • Failing to see and appreciate slow or stopped traffic
  • Tailgating or misjudging stopping distance
  • Speeding
  • Driving too fast for conditions (fog, rain, snow, ice, heavy traffic, construction zone)
  • Out driving their lights (Driving at such a high rate of speed they cannot react quickly enough at night)
  • Inattention or distractions (Cell phone or computer use while driving)
  • Crossing the center line
  • Drifting off the right side of the road and over-correcting into oncoming traffic
  • Failure to signal or look when changing lanes
  • Disregarding traffic signals (blowing through a stop sign or red light)
  • Failing to yield when turning or pulling out
  • Failing to perform pre-trip inspection including tires, brakes, running lights and cargo
  • Backing across a road at night
  • Drug or alcohol use
  • Unreported prescription drug use
  • Unreported physical or mental conditions affecting their ability to drive

Ultimately, there are many issues involved in a commercial trucking collision and the lawyers at The Greene Law Firm, PLLC understand these issues and approach them with a logical and straight-forward approach. Furthermore, given their past experiences representing victims of truck accidents, they have established the necessary resources to retain experts to reconstruct the collision, work with experts on the Federal Motor Carrier Safety Regulations, and obtain the relevant data and documents to demonstrate that the truck driver and trucking company were at fault for the collision. In every case, there are relevant documents that need to be preserved and obtained in a timely fashion in order to ensure that these documents are not destroyed by the truck driver and/or trucking company. Some of these documents include log books, payroll records, fuel records, fuel receipts, bills of sale, and various other documents. If you or a loved one has been involved in a trucking collision, please call Michael Greene or Wilson Greene at (502) 897-8998 so that we can go to work immediately on your case.