When Can a Trucking Company Be Held Liable for a Trucking Accident?

There are dangers associated with all professions, but individuals who are required to be on the road for long hours at a time may face more hazards than others. Trucking companies are required to adhere to certain safety and hiring standards in order to protect both their drivers as well as other motorists on the road. When they fail to do so, the results can be devastating.

If you or someone you love has been the victim of a trucking accident that occurred because of a negligent trucking company, you may be able to secure compensation for your accident-related expenses.

Contact the New Braunfels trucking company negligence attorneys of the Burch Law Firm at 830-629-0955 for more information on how we can help you fight for the financial compensation you need at this time.

 

Types of Trucking Company Negligence

When trucking companies fail to hire qualified drivers, train their drivers, or adhere to established trucking regulations, truck drivers and anyone near them on the road may suffer in devastating 18-wheeler accidents. At the Burch Law Firm, we understand the dangers of truck accidents and the role that trucking companies can play in them, and we are dedicated to representing victims in a variety of trucking company negligence cases, including those involving:

  • Hours of Service Violations
  • Negligent Hiring
  • Failure to Train
  • Failure to Maintain Vehicles

Any collisions that involve 18 wheelers are likely to cause severe physical injuries and property damage. If you have suffered in a truck accident because of a negligent trucking company, it is important that you hold that company responsible for your unnecessary pain and suffering.

 

Failure to Maintain Commercial Trucks in Texas

src=”https://www.troyburchlaw.com/wp-content/uploads/2016/03/failure-to-maintain-vehicles-300×200.jpg” alt=”failure to maintain vehicles truck accident injury cases” width=”300″ height=”200″ />Trucking companies all have an obligation to their drivers, and to other drivers on the road, to make sure the vehicles in their fleet are properly inspected and maintained so they do not cause an accident due to a defect or hazardous part. Unfortunately, many companies are negligent in this duty, failing to perform necessary maintenance or replace worn parts. This failure can result in dangerous accidents that cause both the truck driver and others on the road to sustain severe injuries.When a trucking company fails to perform maintenance, this constitutes an act of serious negligence for which they should held accountable. If you or someone you love has been involved in such an accident, contact the experienced New Braunfels trucking company negligence lawyers of the Burch Law Firm today at 830-629-0955 to find out how we may be able to help you take action against the responsible party.

What are some Common Maintenance Issues?

Because they are such complex vehicles that are on the road more often than other vehicles, 18-wheelers often require routine maintenance. Some common maintenance issues that might come up include:

  • Brake problems
  • Steering problems
  • Windshield wiper adjustments
  • Broken glass / windows / mirrors
  • Oil issues
  • Tire problems / wear

When a trucking company does not address issues such as these, they are likely putting dangerous vehicles on the road. And, when this causes an accident, the reckless company should pay for their negligence.

 

Failure to Train Drivers

failure to train personal injury lawyersWhen a trucking company hires its employees, it has a responsibility to ensure that every driver is properly trained before they get on the road. When a truck driver doesn’t receive appropriate training, he or she could be a danger to his or herself and others on the road. Because large, 18-wheeler vehicles are complex pieces of machinery, it’s critical that their drivers are capable of handling them on highways and other roadways, which often means being provided with the necessary training by the trucking company.

Accidents caused due to an insufficient amount of or improper training are almost always preventable; thus, when an innocent person is harmed in an accident, the responsible driver or trucking company should shoulder the burdens and expenses of the accident. Contact an experienced New Braunfels truck accident lawyer from the Burch Law Firm today by calling 830-629-0955 and talk with an experienced attorney.

Training Requirements

Trucking companies need to be sure that they put their employees through appropriate training in order to prepare drivers for their jobs on the road. Failing to train truck drivers could comprise of the following actions:

  • Not reviewing safety regulations with drivers.
  • Refusing to conduct driver training with test-drives.
  • Refusing to review traffic regulations and laws governing 18-wheeler drivers.

Failure to train employees can take many different forms, including many in addition to those listed above. And, any accident that results in the injury of another person because a truck driver has not been trained appropriately could result in the trucking company being held responsible, allowing victims of these accidents to possibly get compensation for their injuries and losses.

 

What are Hours of Service Violations?

hours of service violations trucking accident lawsuitTrucking companies have a responsibility to their employees and to other motorists who share the road with these drivers to give truck drivers schedules that allow for plenty of sleep. If a trucking company pushes their drivers to unrealistic deadlines and expectations, they may require that their drivers sacrifice rest and sleep for time at work. This practice is extremely dangerous and may put an exhausted driver behind the wheel of an 18-wheeler truck, making them more susceptible to be involved in a devastating accident. Any accidents that result from the actions of these overworked drivers may be considered the legal liability of the driver’s employer.

If you or someone you love has sustained an injury as the result of a trucking company’s negligence, we may be able to help with obtaining compensation to cover any financial losses and expenses a victim has incurred as a result of the accident. For more information regarding your full range of legal options as an injured motorist, contact a New Braunfels hours of service violations attorney of the Burch Law Firm by calling 830-629-0955 today.

Illegal Hours of Service for Truck Drivers

Hours of service violations are very serious public safety concerns that may result in devastating traffic accidents between exhausted drivers and unsuspecting motorists. In particular, truck drivers must follow these regulations:

  • Drivers may not complete more than 10 hours of consecutive driving.
  • Drivers may not work more than 14 consecutive hours.
  • Drivers must be given at least 10 hours of rest between shifts.
  • Drivers may not work more than 60 hours in a consecutive week.

Violating these regulations can cause legal problems for a trucking company and may also make them legally liable for any injuries their drivers cause due to lack of sleep.

How Much Rest Do Truck Drivers Need Under Federal Regulations?

Unfortunately, overnight truck accidents, are not uncommon. Many of these accidents are caused by truck driver fatigue. Therefore, federal trucking regulations have been enacted that require truck drivers to get certain amounts of rest.

These hours of service rules dictate how much rest a driver has to have and defines the maximum number of hours that a particular driver can work per week. These rules apply to drivers who operate a commercial motor vehicle. According to the Federal Motor Carrier Safety Administration, a truck driver’s workday cannot exceed 14 hours. Furthermore, driver cannot be behind the wheel more than 11 hours in one day.

During the first eight hours of a truck driver’s shift, the truck driver must take at least a 30 minute break from driving. In a week, a driver cannot exceed 70 hours behind the wheel. Once drivers have hit the 70 hour work week maximum, they can only resume a new week once they have had 34 consecutive hours of rest. This rest time must include at least two nights — defined as 1:00 a.m. to 5:00 a.m. — of rest.

These hours of service rules are just one of the many federal regulations that govern commercial truck drivers that are meant to keep others safe. When truck drivers break these sleeping rules and cause an accident, they could be held responsible. A personal injury attorney may be able to help those injured in a truck accident caused by truck driver fatigue.

 

Contact Us for a Free Consultation

At the Burch Law Firm, we believe that accident victims deserve a chance to fight for compensation for medical expenses, property damage, and physical injuries resulting from another party’s negligence.

If you or a loved one has suffered injury in an accident with an 18-wheeler, contact a qualified New Braunfels truck accident attorney of the Burch Law Firm today.

Contact our offices at 830-629-0955 to discuss your case with a knowledgeable lawyer.