In 2020, Texas had 511 fatal crashes, with 580 fatalities, according to a report published by the Texas Department of Transportation. Additionally, Texas holds the record for the highest number of large-truck occupant deaths.
The answer: negligence. Truck drivers have a duty to operate their vehicles with care in order to protect other road users. When a truck driver is fatigued or burned out from the job, they cannot operate their truck with the precision and attention required in order to keep others safe.
The attorneys at TK Injury Lawyers have experience helping truck accident victims. We know what it takes to litigate a truck accident case, and we are ready to fight for you.
With so many deaths, you may be wondering the reason so many truck drivers are negligent. What are truck drivers doing exactly to cause so many accidents?
There are many behaviors that can be attributed to drivers’ negligence, including:
Truck drivers are required by law to follow certain protocols as dictated by the Federal Motor Carrier Safety Administration (FMCSA), which is overseen by the United States Department of Transportation. These protocols are called the hours-of-operation (HOS) regulations.
Most notably, drivers are restricted from driving more than 60 hours over 7 consecutive days, or 70 hours over 8 consecutive days.
While the FMCSA is trying to reduce the number of accidents by putting these regulations into place, truck drivers are forced to drive long hours without rest to make deliveries on time.
The following elements must be established in order to determine if a truck driver was negligent:
Many times, the trucking company or the owner of the truck may bear the ultimate responsibility for the truck driver’s actions. The trucking company may be held liable for the truck driver’s actions since he was acting in the scope of his employment. In other cases, you may be suing the truck driver individually, or both the trucker and his employer.
Depending on the circumstances of your situation, if an investigation finds that other parties acted negligently, you may be able to add additional parties as defendants in your lawsuit, i.e., the truck manufacturer, maintenance crews, or cargo loaders.
An experienced Austin truck accident lawyer can evaluate your situation and help you make an informed decision in litigating your case.
A truck accident can happen in a split second. In operating such a large vehicle, a truck driver cannot take their focus off the road, even momentarily. If you have been injured in a truck accident, you need aid from the legal team at TK Injury Lawyers. Contact us today to schedule your free consultation. Let’s put you back in the driver’s seat.
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