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What types of trucking accident claims can be brought against truck drivers and trucking companies?

January 3, 2010

Accidents involving 18-wheelers are among the most serious – and deadly – of all motor vehicle collisions. A wide variety of negligent errors and mistakes on the part of truck drivers and trucking companies can cause these accidents.

Some of the most common claims brought against truck drivers and trucking companies include:

Negligent hiring: Operators of 18-wheelers are held to higher standards of safety than drivers of private motor vehicles. The trucking companies who hire these drivers can be held legally responsible if they hire and/or retain a driver with a history of prior accidents, alcohol or drug abuse or traffic offenses.

Negligent training: Trucking companies also have a duty to provide their drivers with proper training in safety and vehicle operation.

Negligent driving: A driver of an 18-wheeler can be held liable if their negligent driving causes a trucking accident.

Negligent loading: Shifting cargo, which is caused by cargo that is improperly loaded, distributed and/or secured, is a common cause of trucking accidents.

Negligent maintenance: Truck drivers and trucking companies must ensure that their vehicles are properly maintained and in good repair.

Willful misconduct: Examples of willful misconduct include driving under the influence of drugs and alcohol, knowingly driving an 18-wheeler with defective or unsafe equipment, driving aggressively, willfully violating traffic laws or violating driver hours-of-service regulations. If willful misconduct is found, then the plaintiff may be entitled to punitive damages.

If you have been involved in a Texas 18-wheeler accident, contact the personal injury lawyers of Fears | Nachawati for free legal advice. To receive free legal assistance from a Texas personal injury attorney, email us or phone us toll free at 1.866.705.7584.


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