Indiana Work Truck Accident Lawyer
Holding Negligent Drivers and Companies Accountable
Workers use vehicles to get the job done. Corporations in Indiana use corporate vehicles to move employees and provide services to Hoosiers at a speedy, efficient pace. Sometimes these corporations and their corporate drivers are more interested in getting the job done quickly more than safely. Time is money, after all.
All drivers should have the paramount goal of safety on the roads. But many don't follow the rules of commercial driver's licenses and regulations.
At Shaw Law, we believe that every accident is preventable. Every accident is due to someone's fault. You should not have to bear the brunt of the negligence of someone else. We are prepared to get you full damages, you can count on that.
Common Causes of Indiana Work Truck Accidents
The following are some of the common causes of truck accidents:
- Driver Exhaustion. Both federal and state laws regulate the number of hours a driver can drive during any given day or week.
- Improper Loading. Poorly loaded trailers impair the handling ability of the driver and may cause the trailer to tip or fall. The poor loading of the trailer may affect the ability to control the truck and keep it under control.
- Driver Inattentiveness. Drivers are often on the road for long hours and can easily lose their concentration.
- Exceeding Maximum Load. Drivers must have specific qualification in order to haul specific cargo. Additionally, a driver cannot exceed specific weight limits or the vehicle will be even more dangerous to operate.
- Negligent Hiring. Many truck operators fail to do a proper background check on the drivers that they hire to drive their trucks, resulting in the hiring of drivers with either suspended or dangerous driving records.
- Improper Inspection and Maintenance. Rigorous inspection and maintenance of the tractor and trailer is required legally and should be performed by the driver at every stop.
- Driver Stress. Drivers have pressure to deliver as many loads as they can in a timely manner in order to make more money.
- Driver Use of Drugs or Alcohol. Some drivers turn to illegal drugs to stay awake. Trucking companies are required to make a mandatory substance abuse screenings when drivers are hired. Truck drivers are also required to do regular screenings to monitor for substance abuse. In any commercial truck accident, a driver is required to submit to a blood test within 4 hours.
- Driving with an Unsecured Load. Some drivers fail to properly secure or maintain the trailer they are hauling.
- Bad Weather. Road conditions caused by rain contribute to a large percentage of truck accidents.
- Bad Driving such as Speeding or Improper Passing or Lane Usage. Trucks are particularly dangerous when driven at a high rate of speed given their size and the longer breaking period to stop. The National Highway Traffic Safety Administration has found that over 25% of truckers involved in a fatal crash had a prior conviction for speeding on their record.
What Is “Negligent Hiring?”
Negligent hiring is a legal claim made against an employer. It is asserted by an individual when they are injured as the result of an employee’s actions, particularly when that employee has a history of similar incidents.
The crux of a negligent hiring claim is that the employer knew, or should have known, the history of the employee before hiring them. Failure to learn enough about an employee’s background may result in a negligent hiring claim. If employers are not diligent in their efforts to investigate their employees’ backgrounds, then they will be held responsible for those employees’ actions.
Negligent Hiring of Truck Drivers
Trucking companies are responsible for the conduct of the drivers they employ. State and Federal laws require trucking companies to meet certain criteria when hiring drivers.
There are multiple situations in which a trucking company can be held liable for accidents caused by one of their drivers. When trucking companies fail to meet reasonable standards for hiring these drivers, they can be held liable for negligent hiring.
Some examples of the negligent hiring of truck drivers may include:
- Hiring an unqualified or underqualified truck driver
- Hiring a driver who does not possess a valid driver’s license or commercial license
- Hiring a driver with a history of unsafe driving
- Hiring a driver with a history of drug and/or alcohol abuse
- Hiring a driver with a history of auto-accidents
An attorney who knows a thing or two about trucking accidents, knows how to identify and highlight failures in their hiring processes. This includes presenting evidence that a trucking company failed to take reasonable safety precautions, and therefore, failed to meet their required duty of care.
Trucks Backing Up Can Be Dangerous
Semi-truck drivers are not supposed to back up their trucks when pulling forward is possible. This is because trucks are more likely to be involved in accidents when moving in reverse. Many truck drivers do not even know this.
Lack of visibility, experience, training, and/or attentiveness can all be factors in the improper backing up of trucks and other commercial vehicles. Additionally, truckers and trucking companies should confirm that their vehicle’s safety features (reverse lights, beeping, etc.) are operational. Failure to perform this kind of routine maintenance and inspection can result in serious injuries or death to pedestrians, loading crews, and other motorists.
Another reason improper backing up can be particularly dangerous is because semi-trucks and other commercial vehicles have large blind-spots, referred to in the trucking-industry as “no-zones.”
Truck drivers undergo extensive training which teaches them to be on the lookout for vehicles that enter their “no-zones.” Because semi-trucks are so large, they can have blind-spots on all four sides of their vehicle as well as additional blind-spots that occur while backing up and making turns. Some of these blind-spots can be as long as 75 feet, which is large enough to obscure multiple vehicles from view.
Accidents are much more likely to take place when a car is in a truck’s “no-zone” and even more likely to occur when the driver of the truck fails to notice these cars.
Some examples of truck driver negligence can include:
- Backing up onto an area meant for pedestrians (like sidewalks)
- Failing to maintain safety equipment with which to alert other drivers
- Failing to post warnings or signage on the cab about blind-spots and possible dangers
- Failing to warn others about an intent to back up
Our Settlements & Verdicts
Defending the Community Since 1989
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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