Legal Recourse for Trucking Company Negligence on Road Safety 

Truck-related car accidents are usually fatal and cause severe injuries. In St. Louis, the prevalence of such occurrences poses a significant threat to road safety. According to the MSHP (Missouri State Highway Patrol), Missouri had 15,005 truck accidents in 2022, with 119 fatalities. 

The increase in truck accidents has been attributed to several factors. One major reason is the overall increase in road traffic, which creates more opportunities for accidents. The growing number of trucking companies and rising demand for goods transportation also contribute to more trucks on the road.

Victims of these accidents, particularly caused by trucking company negligence, have several options for seeking justice. Let’s learn about policies and practices causing accidents and pursuing legal action for victims and their families. 

Trucking Company Policies and Practices Leading to Motor Accidents

Trucking companies’ policies and practices have a major impact on road safety. Unfortunately, certain negligent behaviors can increase the likelihood of an accident. 

Here are some of the most dangerous practices:

Overworking Drivers

Driver fatigue is a major cause of accidents. Despite hours of service regulations limiting driving hours, some companies force drivers to exceed these limits and meet unrealistic deadlines. 

This pressure frequently causes drivers to skip breaks and overshoot legal driving times, resulting in extreme fatigue and impaired judgment. Adequate rest is critical for driver alertness; companies neglecting it increase the risk of deadly accidents.

Improper Loading

Loading a truck beyond its capacity makes it harder to control and more prone to mechanical breakdowns. Also, overloaded trucks require longer stopping distances, which increases the risk of a collision. 

Unsecured cargo can move during transport, causing the vehicle to become unstable. This instability can cause rollovers or cargo spills onto the road, posing serious risks to other motorists.

Negligent Hiring Practices

Hiring drivers with insufficient experience or proper training increases the likelihood of an accident. Inexperienced drivers may be unskilled at navigating complex driving situations. Failure to conduct thorough background checks can lead to hiring drivers with histories of traffic violations, substance abuse, or risky behaviors. 

Despite stricter BAC limits for commercial drivers, intoxicated truckers remain a problem. In 2022, around 32% of U.S. traffic fatalities involved drivers with a BAC (Blood Alcohol Content) of 0.08 g/dL or higher. This highlights the continued risk that drunk driving poses on the roads, for truck drivers, and for everyone else.

Insufficient Maintenance

Brake failure is a common problem with poorly maintained trucks. During 2022’s Brake Safety Week, 13.3% of inspected commercial vehicles in North America were sidelined for brake issues. Even a minor brake issue can stop a heavy vehicle from halting in time, resulting in a fatal car crash. 

Irregularly inspected tires can blow out while driving, resulting in a loss of control and a possible rollover. Engine failures can also cause the truck to break down, posing a safety risk to other vehicles on the road.

Lack of Safety Protocols

Companies that skip regular training on safe driving, defensive techniques, and emergency responses leave drivers unprepared for hazards. 

Modern trucks can be outfitted with Electronic Stability Control (ESC), collision warning systems, and automatic braking. Organizations not investing in such technologies pass up opportunities to prevent accidents.

Legal Options for Accident Victims

Car accident victims involved in truck-related incidents due to company negligence have avenues to pursue justice. Let’s take St. Louis as an example. St. Louis, intersected by Interstates 70 and 44, is a major commercial hub with significant truck traffic and accident risks. In 2022, St. Louis County recorded 2,462 truck accidents, ranking it among Missouri’s highest counties for such incidents. 

The heavy presence of commercial vehicles on these highways contributes to the risk of accidents. It often results in severe consequences due to the size and weight disparity between trucks and smaller cars. 

That’s why engaging a car accident lawyer in St. Louis improves the management and outcome of legal cases in Missouri. Consequently, the expertise of a local attorney is needed to navigate the legal complexities.

Similarly, consulting a Los Angeles-based attorney can be effective for navigating California’s specific legal challenges and securing justice. This approach of seeking local expertise enhances legal strategies across various U.S. jurisdictions. 

Collecting police reports, eyewitness accounts, video footage, maintenance logs, and driver records is essential to build your case. Proving negligence entails showing that the company failed to maintain the vehicle, overworked drivers, or ignored safety precautions. Filing a personal injury claim can help pay for non-economic and financial losses.

As per TorHoerman Law, many cases reach settlements outside of court, though litigation may be necessary to achieve justice. If you are from Missouri, remember that victims have five years to file a claim, making prompt legal action critical. In contrast, victims from California typically have only two years to file a related claim. 

Frequently Asked Questions

What should be my next steps after being involved in a truck accident?

First, ensure your safety and get medical aid. Then, photograph the scene and collect relevant details from witnesses. Notify your insurance to the linked company.  However, don’t disclose the entire details of the event.  Also, don’t consider settlements without seeking attention from a personal injury legal professional.

How can a personal injury attorney assist in a truck accident case?

A personal injury attorney can support you through the formalities of the legal system. They can collect essential evidence and negotiate with car insurance companies for fair compensation.

What types of damages can I claim following a truck accident?

You can claim lost wages, medical treatment expenses, asset damage, and psychological suffering. Specific damages may differ depending on the circumstances of each case. In some cases, if the conduct of the at-fault party was egregious, you can pursue punitive damages. These are meant to penalize the wrongdoer and avoid the same attitude in the future.

What is the typical duration to settle a truck accident claim?

The case’s complexity determines the duration of a truck accident claim. It can last anywhere from a few months to several years, particularly if it goes to trial. 

In conclusion, the negligence of trucking companies can contribute to road accidents. Through diligent legal action, truck accident victims can hold these companies accountable and work towards making the roads safer.

Read more on WCCO

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