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WLB | Wilbraham, Lawler & Buba, P.C.
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  5. Is a trucking accident the fault of the company?

Is a trucking accident the fault of the company?

On Behalf of Wilbraham, Lawler & Buba, P.C. | Oct 3, 2023 | Trucking Defense

A car accident caused by a typical commercial car can have devastating effects on victims. However, an auto accident caused by a truck can do irrefutable damage and lead to many casualties because of the size of a truck and its contents.

When a truck causes an auto accident, the trucking company may be accused of not taking enough measures to prevent the accident. A claim like this can cause serious damage to the reputation of trucking companies. However, it’s very possible that the accident was not the fault of the company, but of the driver.  Here’s how:

The driver was inebriated

Alcohol impairs drivers’ judgment, focus and reaction speed. A trucker who was drinking on the job could cause serious injuries to others. This is a situation where a trucking company had no knowledge of the driver’s actions. Because the trucker violated traffic laws by drinking and driving, they may be liable for the injuries they caused to others and the damages to the truck and contents.

The driver was distracted

A truck driver requires constant focus to safely do their job. However, truckers can be distracted while driving, which can increase the chances of auto accidents. A trucker who takes their eyes off the road or hands off the wheel may be considered distracted. Truckers may make decisions that lead to their own distraction, such as using their phone while driving.

The driver made unsafe turns

Truckers are often trained to make wide turns without causing damage to other cars or property. However, a trucker may make decisions that lead to damages and injuries. For example, a trucker may not use their turn signals to alert other drivers of the trucker’s intention. And, a trucker may not check their blind spots to ensure they are not hitting anything during the turn.

If a trucking company is facing an auto accident claim because of an unsafe decision made by an employee, then the company may need to learn about their legal rights. 

 

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