For instance, a driver’s fatigue may combine with a mechanical failure caused by poor maintenance. In these cases, liability can extend to multiple entities. Federal and state regulations provide clear safety standards for drivers, trucking companies, and associated entities.
The Truck Driver
Truck drivers are at the wheel of some of the largest and most dangerous vehicles on the road. While many are professionals who adhere to safety rules, some act negligently, leading to tragic consequences.
- Driver Fatigue or Overwork: Federal law mandates rest periods for drivers, but some push past these limits, often under pressure to meet tight schedules. Driving while fatigued impairs reaction time and decision-making, creating a ticking time bomb on the highway.
- Substance Use: Operating a vehicle under the influence—whether from alcohol, illegal drugs, or even misused prescription medications—is a blatant violation of safety laws. It’s not just reckless; it’s criminal.
- Aggressive Driving: Speeding, tailgating, or swerving between lanes reflects a disregard for safety and the lives of others. Such behavior clearly places liability with the driver.
Responsibility Doesn’t Stop at Hiring
Trucking companies have a duty to prioritize safety at every level, from hiring practices to vehicle maintenance. When they don’t, they may share liability for accidents.
- Negligent Hiring: Bringing unqualified drivers onboard—whether through inadequate background checks or a rush to fill positions—puts everyone on the road at risk.
- Lack of Training or Supervision: A properly trained driver understands how to handle emergencies, maintain logbooks, and adhere to safety rules. Companies that skip this step contribute directly to preventable crashes.
- Encouraging Illegal Practices: Pushing drivers to exceed hours-of-service limits or falsify logbooks is more than unethical; it’s a systemic issue that endangers lives.
- Skipping Maintenance: A worn-out brake pad or a bald tire can turn a heavy truck into a deadly weapon. Companies that cut corners on inspections and repairs may find themselves paying a heavy price for negligence.
Beyond the Driver and Carrier
In many cases, liability extends to additional entities involved in the trucking operation. These parties may be less visible but are no less responsible when their actions contribute to an accident.
- Freight Loaders and Cargo Handlers: Shifting cargo or an overloaded trailer can cause rollovers and make it impossible for a driver to control the vehicle. Those responsible for securing and distributing cargo must meet industry standards to avoid liability.
- Maintenance Crews and Repair Shops: Routine inspections and quality repairs are essential for keeping trucks roadworthy. When a contracted repair shop cuts corners or misses obvious issues, they may share responsibility for resulting crashes.
- Manufacturers of Defective Parts: Sometimes, an accident can be traced back to a defective tire, faulty brakes, or another component failure. In these cases, the manufacturer or supplier of the defective part may be held accountable.
What Can Be Done for Victims of Negligence?
After a truck accident, the focus should be on healing—not fighting insurance companies or sorting out who’s to blame. Victims deserve accountability and fair compensation, but getting there takes a thorough investigation and a strong legal advocate.
If you or someone you care about has been hurt in a truck accident, call Robin Frazer Clark, P.C. at (404) 873-3700. Robin Frazer Clark cares deeply about helping victims recover and holding negligent parties accountable.