What Is Considered Negligence in Truck Accident Cases?

 Posted on August 21, 2024 in Truck Accidents

A recent social media post made by the Tennessee Highway Patrol detailed safety violations found in a recent truck inspection. The driver was using a suspended license, and a Mountain Dew box was being used as a wheel cover, letting a wheel seal leak oil onto the road. 

Both of the stated violations were potentially negligent behaviors, and negligence can affect a personal injury claim. Truck accident claims are typically complex, and it helps to have an experienced lawyer from Premier Illinois Injury Lawyers on your side.

What Is Negligence?

Negligence is a legal term commonly used in civil personal injury matters. It refers to a failure to behave like a reasonable person would in the same situation, whether by action or inaction. To establish that a person is negligent, you need evidence that proves:

• Someone owed you a duty of care.

• That party breached their duty of care.

• The breach directly caused your injuries.

• Your injuries led to damages.

A duty of care is a legal obligation that someone has to exercise reasonable care to avoid harming others. The nature of this duty varies; for instance, drivers should drive safely, property owners need to maintain safe premises, and healthcare professionals must adhere to care standards.

Damages refer to expenses and other, related losses you experience as a result of your accident and injuries. Damages can also refer to the compensation you may receive for these losses.

You must prove that someone else was negligent to obtain compensation through a personal injury claim. Insurance companies do not want to pay your claim, and they often jump at the chance to state that a policyholder was not negligent to avoid issuing you a settlement check.

What Kinds of Actions Are Negligent in Truck Accidents?

Various kinds of negligence committed by different parties can contribute to truck crashes. In the news story we mentioned earlier, not properly fixing the oil leak was likely negligent because it was potentially unsafe. Drivers who knowingly operate an unsafe vehicle are negligent.

Driver Errors

Human error causes the majority of motor vehicle collisions. Top contributing factors include:

• Distracted driving

• Driving under the influence of drugs, alcohol, or fatigue

• Speeding

• Failing to yield the right of way

• Improper merging

• Disregarding traffic signals and laws

• Aggressive and reckless driving

These behaviors are dangerous and increase the likelihood of causing a collision that may injure or kill others.

Other Parties

In collisions involving a tractor-trailer or other type of commercial vehicle, more parties than the driver may be negligent. This fact is one reason for a potentially complicated claim. Examples of parties that may be found negligent include:

• Trucking companies may provide unsafe trucks or require drivers to ignore hours-of-service regulations

• Truck maintenance companies sometimes fail to keep trucks in good repair, including not replacing worn tires and brakes

• Cargo loaders may fail to balance or secure the load properly, which can lead to various issues

Many times, an investigation is needed to uncover how and why your truck accident happened and who contributed to causing it. When you work with Premier Illinois Injury Lawyers, we will get to the bottom of it and work to hold all at-fault parties accountable for your injuries.

Schedule Your Free Consultation Today With Our Experienced Lake Zurich, IL Truck Accident Lawyers

With over 25 years of combined experience, Premier Illinois Injury Lawyers is well-equipped to handle your truck accident claim. Call us at 847-721-2499 now to speak with one of our skilled Lake County, IL personal injury attorneys.