How Can I Prove That a Trucking Company Was Negligent in My Accident?

Accidents involving semi-trucks produce devastating, life-altering damage in seconds. If you were the victim of a truck accident, you’re likely facing significant expenses and a long road to recovery ahead.

Pursuing compensation from the truck company may help you begin to move forward. But proving that a trucking company was negligent in your accident isn’t always easy, as these companies often have strong legal teams defending them at every turn. 

Learn the evidence you need to effectively prove a trucking company’s negligence. 

Common Causes of Truck Accidents for Which the Company Is Liable

Many semi-truck accidents are at least partially the result of the trucking company’s negligence. Common causes involving company negligence include:

• Lack of driver training: Some trucking companies fail to provide new drivers with adequate training in the interest of time. Those drivers might make mistakes that lead to serious accidents. 
• Negligent hiring practices: Trucking companies have a duty to perform background checks and review driving records before hiring new drivers. Overlooking an issue in a driver’s history might make the company liable for accidents. 
• Hours of service violations: When companies force or pressure drivers to work unsafe hours, they might be liable for accidents that occur due to fatigue. 
• Improper cargo loading: Truck companies are also responsible for ensuring their drivers know how to safely load cargo to avoid fishtailing. 
• Failure to maintain the truck: While truck drivers often perform daily maintenance, the company may be responsible for more significant maintenance. 
• DOT regulation violations: Department of Transportation (DOT) regulations promote safe driving practices. When companies violate these regulations, they are often liable for accidents. 

Compelling Evidence Showing a Truck Company’s Negligence

If your accident happened due to one of the above causes or a similar reason, you and your attorney need to provide strong evidence showing the trucking company was negligent in the accident. Possible sources include:

• Black box data: Commercial vehicles often contain black boxes that track the vehicle’s activity, such as its speed, brake applications, seatbelt usage, acceleration, etc. Your attorney can help you subpoena this data to use in your accident case. 
• Driver logs: Many companies require drivers to keep logs of their maintenance activities, driving hours, and other relevant information. These logs can help prove that the driver violated hours of service regulations or point to the company’s negligence in other ways.
• Maintenance records: Responsible trucking companies keep all maintenance records. Requesting these records may show you that the truck involved in your accident had not undergone regular maintenance for some time, indicating that the truck company was negligent in the accident. 
• Company policies: Reviewing the truck company’s policies might show that the driver or the company violated its own procedures, pointing to an error that caused the accident.

Vicarious Liability and How It Might Affect Your Case

Who was responsible for your accident: the truck driver or the company as a whole? Under Florida’s vicarious liability doctrine, employers often assume liability for their employees’ behavior. The truck company may be vicariously liable for the driver, meaning you would pursue compensation from the company. 

Truck companies have the resources to hire aggressive legal teams to represent them. Going up against a truck company in court may feel daunting, but an experienced attorney will use the above evidence to strengthen your case. 

Let Us Help You Prove the Trucking Company’s Negligence 

At Fenstersheib Law Group, P.A., we have extensive experience representing truck accident victims. Allow us to speak with the trucking company and its legal team on your behalf and build a strong case that clearly shows the company’s negligence in the accident. 

Call us today at 800-TellRobert (800-835-5762) or 954-456-2488 for a free consultation. 

Frequently Asked Questions (FAQ)

Q1: What are common causes of truck accidents that could make a trucking company liable?

A1: Common causes include lack of driver training, negligent hiring practices, hours of service violations, improper cargo loading, failure to maintain the truck, and DOT regulation violations.

Q2: What evidence can help prove a trucking company was negligent in an accident?

A2: Evidence includes black box data, driver logs, maintenance records, and company policies that may show violations or negligence.

Q3: What is vicarious liability and how does it apply to trucking accidents?

A3: Vicarious liability means the trucking company may be held responsible for the actions of its drivers, making the company liable for the accident.