When a truck driver engages in behavior that is considered to be negligent, it means they failed “to exercise care that a reasonably prudent person would exercise in like circumstances.” While most truckers are known to be cautious and careful drivers as most go through extensive training before getting behind the wheel of one of these massive vehicles, there are instances when they misjudge, make a mistake, or are outright careless and are responsible for causing an accident.And when a truck driver is said to be negligent, they can then be held accountable for their behavior if they cause any damage, injuries, or deaths.
If you were recently involved in a wreck with a truck driver in San Luis Obispo, CA and believe he/she was negligent in some way which led to the accident occurring, it is recommended that you contact a truck crash lawyer who can help you prove your allegations. The fact is, if you are looking to recover any amount of compensation, you will need supporting evidence that indicates the trucker was, in fact, negligent so that you can file a claim against them and/or their employer and stand a chance at actually winning your case.
What are some examples of truck driver negligence?
- Failing to maintain a safe speed. Aside from abiding by the legal speed limit, truck drivers must also adjust their driving to the roadway conditions that are present. This means that if traffic was slowing down or they were approaching a construction zone where the speed limit decreases, they must make the necessary adjustments so that they are not only following the rules of the roadway but also taking the necessary steps to prevent an accident from occurring. As you may know, truck drivers do require more stopping time than passenger vehicles which means they should not be speeding through areas where the traffic is beginning to slow.
- Making sharp turns while traveling at a fast rate of speed. Truckers are well aware of the fact that their vehicle is more likely to flip when they make a sharp turn when traveling at a fast rate of speed. This is especially true for tankers as well as those that are hauling heavy loads that have the potential to shift. Therefore, if a trucker were to approach a sharp turn going faster than they should and cause a wreck involving another vehicle, they are at risk of being held accountbale as they were not being as cautious as they should have to prevent their vehicle from rolling over.
- Driving beyond the 11-hour time limit. The FMCSA has certain regulations all truck drivers that are responsible for transporting cargo must follow and one of those is limiting the amount of time they can be behind the wheel of a truck. Currently, the FMCSA only permits a trucker to operate their vehicle for a maximum of 11 hours at a time. After reaching this 11-hour mark, a truck operator must be off for 10 consecutive hours before they can resume their position behind the wheel. The reason this regulation exists is to avoid having a trucker operate their vehicle while tired or fatigued. Now, when a trucker willingly works beyond the timeframe they are permitted, they then might be accused of being negligent.
- Operating their vehicle while under the influence of drugs and/or alcohol. It is against the law for any individual, especially truck drivers, to get behind the wheel of their vehicle intoxicated. In the state of California, a trucker cannot be caught with a BAC level of 0.04% otherwise they are at risk of being charged with DUI and could potentially lose their CDL license. If a truck driver is found guilty of operating their vehicle while under the influence of alcohol and/or drugs and they caused a crash, they will likely be faced with criminal charged and viewed as being negligent. Truckers are also at risk of facing the same consequences if they consume prescription medication they know they shouldn’t take prior to getting behind the wheel and it interferes with their ability to drive.
While there are some cases where negligence can easily be proven, there are other times when it can be much more difficult which is why you should always be represented by a truck crash lawyer if you are looking to hold a driver accountable for causing a collision. Many truck accident victims are often entitled to recover a significant amount following a wreck to cover the cost of certain damages including pain and suffering, medical expenses, and even lost wages. Therefore, you are encouraged to contact the Therese Harris Law Offices today to find out what you might be eligible to recover if you were involved in a crash yourself.
You can reach the Therese Harris Law Offices at:
935 Riverside Avenue, #7b
Paso Robles, CA 93446
E-mail- [email protected]