Big trucks are more likely to be involved in accidents that result in fatalities than any other type of vehicle. This is in large part due to the massive size and weight of the trucks and trailers they haul.
There are many causes of trucking accidents and sometimes the trucking company’s negligence is responsible for these serious accidents. If you or a loved one has been injured in an accident caused by a trucking company’s negligence, we want to help you secure the maximum compensation you deserve.
At Warhawk Legal, our Oklahoma City truck accident lawyers have decades of experience successfully representing Oklahoma City injury victims, including trucking accident victims. Give us a call at (405) 397-1717 or visit our contact page today.
What is Trucking Company Negligence?
A trucking company may be negligent when it fails to exercise reasonable care and that failure causes injury, harm, or damage to another person.
Trucking companies owe a duty of care to other drivers on the road. They should ensure the safe operation of the trucks by adhering to the laws and safety regulations designed to protect the public.
Trucking company negligence could include:
- Inadequate maintenance of trucks
- Violations of hours of service regulations
- Inadequate hiring and monitoring of drivers
- Insufficient driver training
When a trucking company breaches its duty of care and that breach causes injury or damage, it may be held liable for the resulting damages.
Failure to Properly Maintain Trucks
The Federal Motor Carrier Safety Administration (FMCSA) regulates most aspects of the maintenance and repair of big trucks. Companies are required to maintain and upkeep their vehicles by conducting regular inspections to ensure the trucks are safe to operate.
These regulations require truck drivers and companies to consistently inspect their vehicles for any potential problem that might cause them to be unsafe to operate. Often, trucking parts and equipment are only considered safe up to certain speeds. When those speeds are exceeded, the equipment may fail and cause a catastrophic accident.
Many issues could cause a truck to be defective and unsafe. Some of those problems could include damaged windshields and wipers, broken lights or turn signal indicators, malfunctioning electronics, worn brakes and tires, and improper maintenance.
Failure to Abide by Hours of Service Rules
Truckers are sometimes pressured to meet strict delivery deadlines causing them to work long hours. Driver fatigue is one of the most common causes of large truck accidents.
The FMCSA has strict rules governing the number of hours truckers can drive without taking a break. These rules are to help improve road safety and decrease trucking accidents. Some of these hours of service rules include:
- A driver can not work more than eleven consecutive hours.
- At least every eight hours, drivers must take a break of at least 30 minutes.
- Drivers have limitations for the total number of hours within consecutive days they may drive.
- Drivers must have had ten consecutive hours off immediately prior to driving for eleven consecutive hours.
While these are the rules, some trucking companies may place demands on their drivers to adhere to unreasonable schedules making the roads unsafe for us all.
Failure to Adequately Train Drivers
A fully loaded truck may weigh up to 80,000 pounds. Some of them are carrying hazardous materials. So, operating an eighteen-wheeler requires a high level of skill, training, and education. An inexperienced driver can cause catastrophic damage.
In addition to passing a commercial driver’s license test and obtaining a CDL, commercial truck drivers must attend educational programs to further their training. However, some commercial driving schools do not train for a long enough period or do not provide the required training.
When trucking companies fail to ensure their drivers are adequately trained, they may be held liable for damages caused due to insufficient training.
Failure to Adequately Screen and Monitor Drivers
If a trucking company fails to thoroughly screen its drivers during the hiring process or to properly monitor its drivers throughout their employment, it may be held liable for negligent hiring or monitoring. Commercial drivers must meet strict standards.
The FMCSA requires trucking companies to document that every driver:
- Has a valid commercial driver’s license (CDL)
- Is at least 18 years old to drive within the state and 21 years old to drive state to state or transport hazardous materials
- Passed an examination and meets the physical requirements
- Has tested negative for drugs and alcohol
- Reads and speaks English sufficiently to understand traffic signs and signals
- Has an acceptable employment and driving record
Contact Us Today
If you have been injured in a trucking accident, you need the representation of an experienced Oklahoma City personal injury lawyer. At Warhawk Legal, we know how to thoroughly investigate truck accidents and how to determine fault.
Let us help you recover the full compensation you deserve. Contact us today at (405) 397-1717 to schedule a free consultation to discuss your case.