Truck Driver Negligence

Did Truck Driver Negligence Cause An Accident?

Given the size and weight of 18-wheelers and their cargo, and the speed at which they travel, the force of impact with a motorcycle, passenger car, or even a lightweight truck can cause devastation to those riding in such vehicles. Regrettably, many semi truck accidents — and their destructive outcomes — could be avoided if not for the negligence or recklessness of the truck driver.

At Comerford Chilson & Moser, L.L.P., in Winston-Salem, our semi truck accident attorneys pursue accountability for the negligence that causes our clients to endure unnecessary suffering. Our clients benefit from our experienced and compassionate guidance in the aftermath of a catastrophic or fatal semi truck accident. Contact our AV-rated* law firm for a free consultation and case evaluation.

Accountability For Truck Driver Negligence And Violations

Our knowledge of the Federal Motor Carrier Safety Regulations (FMCSR) helps us zero in on the facts that bear most directly on the truck driver’s ability to operate a big rig safely: driver fatigue, vehicle inspection and maintenance, driver training, etc.

  • Driver fatigue: To minimize the risk of operating the tractor trailer while overly fatigued, state and federal regulations mandate the hours of service truck drivers are permitted to operate in a consecutive period as well as the hours required for consecutive rest. Truck drivers are required to keep detailed logs and receipts to verify such information. Furthermore, if at any point during travel, a driver recognizes the onset of sudden fatigue, the driver is required to immediately pull off the road.
  • Inspection and maintenance of the vehicle and trailer: To reduce the risk of an unsafe vehicle traveling on our nation’s highways, truck drivers and trucking companies are required to comply with regular inspection and maintenance regulations. Additionally, the truck driver must accurately document pre-trip inspections, trip inspections, and other maintenance checks in a detailed maintenance log.
  • Compliance with safety and traffic laws: Truck drivers are mandated by law to understand and comply with all state and federal traffic laws, including complying with traffic signals, posted speed limits, and other requirements. Additionally, given the seriousness of a potential crash involving a semi truck or other commercial vehicles, it is unlawful for commercial drivers to operate a vehicle with a blood alcohol content (BAC) level of .04 or higher.

Holding Trucking Companies Accountable

Not only is a truck driver’s failure to comply with state or federal regulations against the law, such negligence puts the lives of countless others who are on the road at risk. At Comerford, Chilson, & Moser, we are dedicated to holding truck drivers and their employers responsible for such negligence.

Additionally, in situations where the truck driver’s negligence was unconscionable — if the driver was intoxicated, under the influence of drugs, racing or otherwise driving with reckless disregard for others — we may be capable of demonstrating that the driver’s negligence was willful and wanton conduct and requires the assessment of punitive damages.

Our lawyers utilize the necessary resources to prove the full extent of your injuries or losses, the negligence of the truck driver and the driver’s employer, and the full scope of liability in order to maximize your compensation following a semi truck accident.

& Settlements

Our Team Approach Adds Value
  • $18.5 Million

    Pediatric Burns

  • $9,850,000 Settlement

    Commercial Vehicle Wreck Resulting in Death

  • $7 million

    Planes Collide

Solutions Start With A Free Consultation

For a free consultation about your legal options in a truck accident case resulting in severe and disabling injuries or the death of a loved one, call (336) 568-8779 or use our online contact form to schedule a meeting with an experienced lawyer at Comerford, Chilson, & Moser.

*CV, BV, and AV are registered certification marks of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards, and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the judiciary. Martindale-Hubbell Ratings evaluate two categories-legal ability and general ethical standards.

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