You’re just going about your day. Then a tractor-trailer driver crashes into you on the highway. Everything changes. You’re injured. You deserve full compensation to get your life back on track.
For your personal injury claim, you need evidence that the big truck driver was negligent driving.
So right after an accident, pay attention to signs of truck driver negligence. Details of their reckless behavior could help your case later on. Then call Morgan, Collins, Yeast & Salyer and tell us about it.
We work with forensic teams to examine the accident scene and get to the bottom of what happened. Evidence fades fast, so don’t wait to call us.
It takes courage to take on big truck drivers, trucking companies, and their insurance companies. At Morgan, Collins, Yeast & Salyer, we provide the Kentucky Courage you need to get through this tough time. Call us for a free personalized consultation.
Do You Have a Case?
When trucks crash, it is almost always the people in the smaller vehicle who get hurt the worst. In many cases, these crashes are caused by truck driver negligence.
If you’ve been hurt in a truck accident and believe the truck driver was to blame, you may be entitled to compensation.
How do you know if you might have a valid trucker negligence claim? You must first consider how the truck driver was behaving behind the wheel.
If you’ve been in a truck accident, asking yourself the following questions can help determine if you have a case:
- Was the truck driver using a smartphone or other device when the crash happened?
- Was the truck driver violating any traffic laws?
- Was the truck driver driving recklessly given the weather and traffic conditions?
- Did you notice any obvious signs of mechanical failure on the truck?
- Did the driver appear drowsy while you were exchanging information with each other?
- Did the driver appear to be under the influence of drugs or alcohol?
If you noticed any of these signs before or after the crash, you may have a valid truck accident claim.
How Do You Prove Truck Driver Negligence?
All personal injury cases rest on evidence. Our attorneys know what types of evidence to search for and how to use them to give you the best chances of success with your claim.
Examples of the most common types of evidence used in cases involving truck driver negligence include:
- Driver logs
- Eyewitness statements
- Physical evidence at the scene, such as tire marks on the road
- Photos of the accident scene
- Information from accident reports
- The truck driver’s qualifications or lack of them
- The truck driver’s driving record
- The truck driver’s medical history
- Data from recording devices in the truck known as Electronic Onboard Recording Devices or “black boxes”
- The truck driver’s cell phone records
Our lawyers understand how to collect all of these types of evidence and any others that may help with your case. We are prepared to launch an independent investigation into the cause of the crash to determine what really happened.
Types of Truck Driver Negligence
There are many different ways a truck driver may act negligently when behind the wheel.
Some of the most common types of negligence in truck accident cases include:
- Drowsy driving – There are many laws ensuring truck drivers are awake and alert when they are operating a commercial truck. When they are drowsy, it could indicate that they have violated these laws.
- Fatigued driving – When drivers are so tired that they cannot focus on the road in front of them, they should stop somewhere to rest. Even if they have complied with the laws regarding breaks, drivers are responsible for knowing when they are too tired to drive and refraining from doing so.
- Distracted driving – It is illegal for all drivers in Kentucky, including truck drivers, to text and drive. This isn’t the only form of distracted driving, though. When truck drivers are paying more attention to the food they’re eating, their radio, or their GPS systems, it is also considered distracted driving and is a form of negligence.
- Hours of service violation – Federal law mandates how long truck drivers can operate their vehicle in a certain period of time, and when they must take a break from driving. The law also states the minimum length of those required breaks. When truck drivers fail to abide by these laws, they are breaking the law.
- Failure to check blind spots – All trucks have enormous blind spots on all sides, including in the front of the truck. Truck drivers must know how to check these blind spots to keep everyone on the road safe.
- Speeding – Speeding is negligent behavior for any driver. When truck drivers go faster than the posted limit or faster than the conditions allow, it not only causes accidents but also makes the impact of those crashes more severe.
- Improper loading – Truck drivers are often responsible for loading and securing the cargo themselves. If they fail to do this properly, the load may shift during travel, which can have disastrous effects.
- Tailgating – This is another type of negligence on the part of any driver. When truck drivers tailgate, it’s especially dangerous. Trucks take much longer to come to a full stop than other vehicles. When they are following a vehicle too closely, it has disastrous consequences for the vehicle the truck driver is following.
- Improper inspection and maintenance – Truck drivers are responsible for performing routine inspections and maintenance on their trucks. When they fail to do this, it can cause serious accidents.
- Improper lane changes – Trucks are very large and heavy, so drivers must take extra care to change lanes safely. This means checking their blind spots, using signals, and otherwise ensuring the lane change is a safe one.
- Aggressive driving – No driver should operate a vehicle aggressively. Like any other type of negligent behavior, this is particularly dangerous when truck drivers engage in it. Changing lanes too quickly and too often, speeding, and tailgating are all forms of aggressive driving.
- Drug use or drunk driving – All drivers are prohibited from driving under the influence of drugs or alcohol. When truck drivers engage in drunk driving or drugged driving, it is a clear sign of negligence and drivers can be held liable. That may be the case even if the trucker used a legal prescription or over-the-counter medication.
To learn more about common types of truck accidents, click here.
Talk to a Kentucky Truck Accident Lawyer Now
Truck drivers must always act responsibly on the roads and in a manner that will keep others safe. When they do not, accident victims should speak to a Lexington truck accident attorney as soon as possible.
If you’ve been in a trucking accident, call the attorneys at Morgan, Collins, Yeast & Salyer as soon as possible. We will ensure your rights are upheld and pursue any compensation you deserve to help you recover from your injuries.
Contact us by phone or online today for your free consultation.
