Common Examples of Truck Driver Negligence

 Posted on October 13,2023 in Car Accidents

Like all motorists, truck drivers have a duty to keep other road users safe. In too many instances, a truck driver’s negligence is the primary cause of an accident.

The numbers don’t lie. In a recent year, 5,700 large trucks were involved in a fatal crash, an increase of 49% in the past decade. 

If you have been involved in an accident with a tractor-trailer, you need dependable and accomplished counsel. Look no further than our Joliet truck accident attorney.

Establishing Liability

To hold a truck driver liable, the law requires you to prove the following to establish their negligence on the road:

• Duty of care: Truck drivers have a duty to keep other road users safe by following traffic laws and signals
• Breach of duty: Many times, the truck driver breaches his or her duty of care
• Causation: There must be a causal link between the truck driver not following the rules of the road and your injuries
• Damages: As a result of the truck driver’s negligence, you experienced losses in the form of medical bills, lost wages, pain and suffering, and/or damage to your vehicle

While the truck driver may be the party who was negligent, the trucking company may also be named as a party in the lawsuit. That’s because many truck drivers are employees. However, if the truck driver is an independent contractor, you may be suing the truck driver individually.

An experienced Will County truck accident injury lawyer can assess your case to determine which parties should be named in an insurance claim or a truck accident lawsuit.

Examples of Truck Driver Negligence

Common causes of a truck driver’s negligence may include:

Fatigue 

Truck drivers are on the road for extended periods of time without breaks, being forced to make deliveries on a tight schedule. A reported 64% of truck drivers experience some level of fatigue while behind the wheel. 

On average, most truck drivers are getting about 5.5 hours of sleep nightly, compared to the seven to nine hours the CDC recommends for adults.

Alcohol and/or drug impairment

While the number of truck drivers who tested positive on random alcohol and drug tests only equates to 1%, this comes out to 100,000 drivers nationally.

While passenger vehicle drivers must maintain a blood alcohol concentration (BAC) below 0.08% to legally drive, commercial drivers are held to a different standard. Many states, including Illinois, only allow commercial drivers to drive if their BAC is below 0.04%. Any higher limit disqualifies the driver from holding a commercial driver’s license (CDL).

Speeding

In a recent year, 12,330 people died from speed-related accidents. Truck drivers are not without fault when it comes to speeding. Truckers may speed to make deliveries on time, especially if they get caught in traffic or inclement weather, putting them behind schedule.

Unsafe lane changes

Trucks have large blind spots, which compromise a trucker’s ability to see other cars while changing lanes. 

While it is a truck driver’s responsibility to check their blind spots before switching lanes, passenger car operators should avoid driving directly in front of the truck’s cab and on either side of the trailer.

Distracted Driving

Anything that keeps your attention from the road is a hazard. Truck drivers often have to talk on their dispatching devices, which can divert their attention from traffic. Other distractions include using a cell phone, eating, drinking, or changing the radio station.

One study found that 71% of tractor-trailer accidents involved a distracted truck driver. Although truck drivers attempt to multi-task in order to stay on schedule, the ramifications of distracted driving can prove fatal.

Contact a Dedicated Joliet, IL, Truck Accident Injury Lawyer

Truck drivers should be held to the same standards as other motorists. Too many lives are lost in large truck crashes, the majority of which are preventable.

If you have been injured in a crash, a Will County, IL, truck accident attorney can help. Contact McNamara Phelan McSteen, LLC today online or at 815-727-0100 to schedule your free consultation and case review.