Truck Driver Negligence or Trucking Company Negligence | North Dakota Accident Attorney
When you’re driving on the roads in North Dakota, it’s inevitable that you’ll encounter 18 wheelers. Driving near 18 wheelers can be hazardous, and negligent practices by both the truck driver and trucking company can lead to a serious accident.
If you or a loved one has been injured in a trucking accident, you need a truck accident lawyer in North Dakota to get you justice. North Dakota attorney James Shaw is an experienced legal professional who knows how to beat trucking companies to get you the compensation you deserve. Having a lawyer on your side in a trucking accident is vital to the success of your case because trucking accidents are more complicated than an accident between two passenger vehicles.Truck Driver Negligence
When an 18 wheeler accident occurs, the truck driver is often to blame. Below are some of the common examples of truck driver negligence that lead to crashes on the road in North Dakota:
- Driving under the influence - The life of a trucker is difficult. Truckers drive for long hours over lengthy stretches of highway and have to spend most of that time alone. It’s no surprise that some truckers turn to drugs and alcohol to cope with the stress and the loneliness. When truck drivers get behind the wheel under the influence, it can have dire consequences. If an intoxicated driver caused your accident, speak with a North Dakota 18 wheeler accident attorney.
- Distracted driving - Since the advent of smartphones, distracted driving has become an increasingly common danger to all drivers on the road. If 18 wheeler drivers text and drive, they can cause serious injuries and accidents. In addition to texting and driving, 18 wheeler drivers may cause accidents by tuning their radio or checking their email behind the wheel.
- Fatigued driving - Because of the exhausting hours 18 wheeler drivers are required to endure, many end up getting behind the wheel tired. Studies have shown that fatigued drive is just as dangerous if not more dangerous than buzzed driving, which means tired 18 wheeler drivers are a threat to everyone around them on the highway. Talk to an attorney to learn more.
Trucking accidents are different from normal car accidents because the driver is not always responsible. Sometimes the trucking company can be held liable for the following reasons:
- Negligent hiring - Trucking companies can be held liable if they hire a poor or inexperienced driver or keep one on their staff after a serious accident.
- Vicarious liability - Under the theory of respondeat superior, trucking companies can be held liable for the negligent actions of their drivers if their drivers are performing their duties under the scope of employment. If you have questions about vicarious liability, consult a truck accident lawyer in North Dakota.
- Negligent maintenance - Under the rules laid out by the Federal Motor Carrier Safety Administration (FMCSA), trucking companies are required to do routine inspections and maintenance on their 18 wheelers. If they don’t, they could be held responsible if their negligent maintenance leads to an accident. Talk to an attorney if negligent maintenance caused your accident.
- Poor enforcement - In addition to rules about maintenance, The FMCSA has created regulations for all aspects of the trucking industry. For example, drivers are only allowed to drive 11 hours in a day after a 10 hour break, and those hours must be logged. If trucking companies do not enforce all the FMCSA rules, they can be found at fault for an accident.
Truck driver negligence or trucking company negligence can lead to serious accidents. If you’ve been in an accident with an 18 wheeler, you need an experienced North Dakota 18 wheeler accident attorney on your side. Call us today at 1-800-555-0101 to schedule your free consultation today.