If you’ve been in a truck accident, you may be wondering if a truck driver is liable. In the event of an accident, you have the right to be compensated. However, the truck driver’s insurance company may not be able to cover your expenses. In these cases, you will have to take legal action.
Are truck drivers liable for accidents? Read on to learn.
Duty of care
While every driver owes the public a duty of care, truck drivers have an even higher duty of care than drivers of cars. The duty requires drivers to take reasonable care to avoid harm, but trucking lawsuits have found that big-rig drivers are held to a higher standard. The duty is based on federal laws that require drivers to use more caution and care when operating a commercial vehicle.
Truck drivers have a duty of care to other drivers and passengers. The law requires drivers to exercise reasonable care to avoid causing harm, including reckless driving and speeding. In addition, truck drivers are required to follow certain parking and equipment regulations. Drivers are also required to reduce speed if extreme conditions make it impossible to drive safely.
In addition to driving safely, truck drivers have a responsibility to inspect their vehicle and cargo. Improperly loaded cargo can cause a truck to roll over or cause an accident. Therefore, truck drivers must inspect cargo before and during the trip to ensure it is properly balanced. Throughout the trip, drivers must check cargo and truck parts to ensure that they are in proper working order.
In Michigan, a truck driver is held to the same standard of care as any other motorist. Plaintiffs’ attorneys argue that professional truck drivers should be held to a higher standard of care than regular motorists. They say that such a standard of care would put plaintiffs at a significant advantage. Furthermore, it would increase plaintiffs’ success rates in trial.
Breach of duty
Truck drivers have a legal duty to exercise reasonable care and attention, and this duty includes watching out for other drivers and vehicles on the road. Under California’s strict liability law, companies are liable if they fail to follow proper safety procedures, including operating their trucks in a safe manner. In strict liability cases, negligence does not play a role in determining liability. Therefore, truck accident victims should make sure to take photos of the accident scene as evidence.
In order to bring a claim for negligence, a truck accident victim must show that the truck driver violated their duty of care. This means that they failed to follow the law, which they should have known about and should have anticipated. To prove liability, a plaintiff must prove that the truck driver breached the duty of care and was negligent, as well as proving causation.
Another instance of breach of duty is when a truck driver failed to properly inspect the truck. This could have resulted in a malfunction or mechanical failure of the truck. Another example is a violation of federal driving hours limits. This can increase the risk of an accident and cause the rig to tip over. These violations represent a breach of duty and are grounds for a truck accident lawsuit. Experienced attorneys will be able to gather evidence that shows the truck driver was negligent.
Another example is when a truck driver failed to follow federal truck driving regulations. When the truck driver was conducting business for a trucking company, he may be liable for the accident. However, if the driver was on a personal errand, the trucking company will not be liable for the accident. In both of these cases, the truck driver’s actions and the general job description of a truck driver will play a role in determining whether the trucking company should be held liable for the accident.