- August 20, 2019
- Truck Accidents
Truck accidents are common and have devastating consequences for all those involved. Therefore, trucking companies must keep their drivers safe by ensuring that they obey traffic rules when on the road and properly maintaining their vehicles. But this is not all the truck company can do. There are other steps trucking companies can take to ensure that their drivers do not cause traffic accidents. Our Detroit trucking accident lawyers at Goodman Acker P.C. discuss how trucking companies can help keep drivers safe. We also cover what happens when a truck company fails in this duty.
If you or a loved one has been the victim of a trucking accident in Michigan, our lawyers can review your case and provide legal advice. Call us today at 248-286-8100 to learn how we can help you.
Why Should You Work With the Truck Accident Attorneys at Goodman Acker P.C.?
Trucking accidents often result in death or severe injuries, with the victim having extensive medical bills. We understand how this affects your life and that of your loved ones. As a result, our experienced truck accident lawyers will aggressively pursue your case.
We offer our clients personalized representation and will proffer solutions based on your case facts and the remedy sought. Our combined years of experience and in-depth knowledge of the federal regulations of the trucking industry and personal injury laws make us Michigan’s trusted law firm.
Our results and settlements won and clients’ testimonials show our dedication to ensuring favorable outcomes. We will help you get compensation for your injuries and financial losses from a truck accident. Book a free case review with us today!
Why Should a Trucking Company Keep Their Drivers Safe?
All road users — truck drivers, pedestrians, cyclists, passenger car drivers, and motorcycle riders — have a duty of care to one another.
This duty implies that a road user must always uphold safety rules and best practices to avoid accidents. Trucking companies will be liable for accidents if they fail to keep their drivers safe by providing adequate training or maintaining their vehicles. The trucking company’s liability comes under the tort doctrine of vicarious liability.
Prudent truck accident companies do all they can to keep their drivers safe and limit the amount they have to pay as compensation to accident victims.
The vicarious liability doctrine states that an employer or supervisory party is liable for the negligent actions of their employees. The principle stands as long as the employee is performing a job function when the negligent act happens. So, if an accident victim files a truck accident claim, the trucking company will compensate them if found responsible
In addition to injured victims, the truck driver may also bring an action (e.g., workers’ compensation claim) against the company. This will be the case if the truck company knew the vehicle had a defect but allowed the truck driver to operate it, endangering them and other road users. In such instances, the trucking company will compensate the accident victim and the driver.
How Can Trucking Companies Keep Their Drivers Safe?
Discussed below are some of the actions trucking companies can take to help keep drivers safe:
Maintaining Their Trucks
Performing regular maintenance on the trucks within the company’s fleet is one of the most effective ways to prevent a severe accident from occurring. This means brakes, engines, steering systems, and more are checked and repaired if needed. Failure to do so can result in something going wrong on the road and causing a significant collision.
Performing Background Checks
Drivers must be appropriately licensed and undergo a thorough background check before operating a large commercial vehicle. It’s not like driving a small passenger vehicle; truck drivers must possess a Commercial Driver’s License or CDL.
When a trucking company allows a driver to operate a large commercial vehicle without the proper training and license, the general public is at risk of serious harm, and the driver can also suffer serious injury in the crash.
Adhering to Regulations
There are specific regulations concerning the trucking industry, and truck drivers must follow them. For example, the FMCSA Hours of Service Regulation stipulates the number of hours truckers can be on the road. It also states how long they should rest before returning to the road.
Truck companies must obey all motor carrier regulations to prevent collisions, including rest times, cargo weights, securing cargo, etc.
If trucking companies fail to follow these regulations in a bid to meet deadlines, their drivers will be fatigued. Fatigue affects drivers’ reaction time, attention, awareness, and ability to control their vehicles, making it as dangerous as drunk driving. Also, accidents are more likely to happen with impaired cognition and strength depletion.
Training Drivers in Defensive Driving
Defensive driving equips truck drivers with the skills needed to identify potential dangers on the road and changes in road conditions. It reduces the risk of truck collisions as drivers can anticipate dangerous maneuvers and make well-informed decisions. Truck companies should encourage their drivers to take note of blind spots and leave enough space when merging lanes.
Also, truckers should practice the three-second rule to avoid tailgating and rear-end collisions. The three-second guideline states that drivers should leave three full seconds between them and the car in front. Additionally, truck drivers should always be prepared for emergencies when traveling long distances, remain level-headed, use signaling, and slow down when driving in bad weather.
Providing Tools for Responding to Changes in Road Conditions
When traveling long distances, it is inevitable for truck drivers to encounter different weather and road conditions. The two could affect their safety and that of other road users. Therefore, truck companies should provide tools that deliver live weather and traffic map overlays. Also, using a fleet management platform with real-time GPS tracking helps to know where drivers are and if they have an emergency.
What Happens When a Trucking Company Fails to Keep Their Drivers Safe?
Again, an accident might occur if a trucking company fails to keep its drivers safe. The crash may result in injuries, death, or property damage. Common injuries sustained in a trucking collision are traumatic head injuries, broken bones, spinal cord injuries, internal bleeding, and others.
These injuries may take months to heal, resulting in medical bills, and you might also be unable to work for a while. In cases of permanent disability, the victim may need continuous care. Thankfully, you can file a claim with the trucking company’s insurance provider or a lawsuit in court. In either case, you can recover compensation for the following:
- Medical bills
- Loss of income
- Property damage
- Loss of consortium
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Out-of-pocket expenses.
In cases where the truck company behaved especially badly, you may get exemplary damages. However, these are at the discretion of the court. Our Detroit truck accident attorney can help you determine if your case warrants exemplary damages.
How Can a Trucking Company Keep Their Drivers Safe FAQs
The safety of truck drivers ensures that other road users are okay and there are fewer accident reports. However, collisions sometimes happen, and victims can file an accident claim for compensation. In such an instance, you may have the following questions:
What Can I Do If a Trucking Company Failed to Keep Its Driver Safe and an Accident Happened?
You can file a truck accident claim to receive compensation for your injuries. Depending on the case facts, our lawyers may advise you to file a lawsuit and will consider whether you may be able to receive exemplary damages.
How Much Can I Get as Compensation From a Negligent Truck Company?
There is no fixed compensation amount, as each case is merit-based. Also, factors like the severity of your injuries, the extent of property damages, the number of days you missed work, and your lawyer’s negotiation skills affect your compensation amount.
What Are My Chances of Winning a Truck Accident Claim Against a Trucking Company?
You can win a claim against a trucking company if you have enough evidence to prove liability. Whether you bear some responsibility for the accident will be a consideration. Your chances will be improved when you work with an experienced truck accident lawyer.
How Long Will My Truck Accident Claim Last?
There is no definitive timeline for a truck accident claim. If you file your case with the at-fault party’s insurance company, it could take weeks or a few months. But if you file a lawsuit, it could take years to conclude, depending on the court’s schedule.
Were You Involved in a Truck Accident? Our Detroit Truck Accident Lawyers Will Work to Get You the Maximum Compensation.
Our Detroit trucking accident attorneys work hard to represent all parties injured by trucking accidents when negligence is involved. When the trucking company fails to ensure public safety, it should be held accountable for the financial, physical, and emotional hardships suffered by all those involved.
You can feel peace of mind with Goodman Acker P.C. on your side. We keep your best interests at the top of our priority list and work hard to get you through this challenging time in the most positive manner possible. Trust us to be on your side at all times.
Contact us at 248-286-8100 to book a free initial consultation.