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Factors such as increased freight traffic and driver shortages contribute to the pressure on the industry, potentially leading to compromised safety standards.
Determining Liability in Trucking Accidents
The Role of the Truck Driver
When a trucking accident occurs, determining liability often starts with examining the role of the truck driver. Various factors can lead to a driver being found at fault, from lapses in judgment to outright negligence. Violations of Hours of Service regulations, designed to prevent fatigue-related accidents, are a common issue.
Additionally, instances of driving under the influence of alcohol or drugs, although less frequent, carry severe implications for liability. In these cases, the driver's actions are scrutinized to establish whether they breached their duty of care on the road, a critical element in personal injury claims.
However, liability is not always straightforward. Truck drivers operate under high-stress conditions, facing tight delivery schedules and often challenging driving environments. While this does not excuse negligent behavior, it does highlight the complex nature of liability in trucking accidents.
It's essential to consider all aspects of the driver's conduct, including adherence to safety protocols and their response in emergency situations. A thorough investigation into the driver's actions before, during, and after an accident is crucial in piecing together liability.
Trucking Companies' Responsibilities
Trucking companies bear a significant share of responsibility when it comes to preventing accidents. Their legal obligations encompass a broad spectrum of duties, from ensuring proper vehicle maintenance to conducting comprehensive employee training.
A company's failure to adhere to federal regulations, such as those governing vehicle inspections and driver qualifications, can have dire consequences. When accidents occur due to such oversights, the trucking company may be liable for its role in creating unsafe conditions that contributed to the incident.
Contact Law Offices Of Vic Feazell, P.C. to discuss your case and learn how we can assist you in your time of need. Your journey towards justice and recovery is our priority.