Ohio Truck Accident Help

A Division of Ohio Truck Accident

June 18, 2024

The Signs a Truck Driver is Responsible for a Crash

Causes,   Driver Error,  

The Signs a Truck Driver is Responsible for a Crash

In many cases, it may be obvious who is to blame if a semi-truck or tractor-trailer hits you or a loved one in Ohio, but other times, it's not so easy.

Unlike typical car accidents, truck crashes can involve multiple parties, including the truck driver, trucking company, vehicle manufacturers, and sometimes even government entities responsible for road maintenance. So, it can be difficult to pinpoint the exact cause.

Naturally, the truck driver is the first place to look for responsibility after a truck collision, and there are signs that they may be to blame. Recognizing these signs is crucial. Identifying them can help ensure the right parties are held accountable and lead to a fair settlement or other successful legal outcome.

Signs a Truck Driver is At Fault for an Accident

Truck crashes are complex, and determining liability can be challenging. Here are some key indicators that the truck driver may be at fault:

Truck Driver Fatigue

Federal regulations limit the number of hours a truck driver can operate without rest. Fatigued driving is a common cause of accidents and can be proven by examining the driver’s logs and electronic logging devices (ELDs).

What to Look For

  • Erratic Driving Behavior: Look for signs such as swerving, drifting between lanes, or inconsistent speeds. These behaviors may indicate that the driver is struggling to stay awake and maintain vehicle control.
  • Long Hours on the Road: The driver’s logs and ELDs can show extended driving periods without adequate breaks. Federal regulations, such as the Hours of Service (HOS) rules, specify truck drivers’ maximum driving time and required rest periods.
  • Delayed Reaction Times: Pay attention to delays in the truck driver’s reactions to traffic signals, braking, or other road conditions. Fatigued drivers often have slower reaction times, increasing the risk of accidents.
  • Previous Violations: Check for any history of Hours-of-Service violations or previous incidents of fatigued driving. A pattern of violations can strengthen the case that the driver was likely tired at the time of the accident.
  • Witness Testimonies: Statements from witnesses who may have observed the driver’s behavior before the crash can be helpful. Witnesses can provide valuable insights into whether the driver appeared tired or was driving erratically.
  • Physical Evidence: Look for physical evidence at the crash scene, such as lack of skid marks, which may indicate that the driver did not attempt to brake in time due to fatigue.

 Speeding or Reckless Driving

Speeding and reckless driving are significant factors in many truck accidents. When truck drivers exceed speed limits or drive aggressively, they reduce their ability to react to sudden changes on the road, increasing the likelihood of collisions.

Signs of Truck Driver Speeding

  • Skid Marks: Examine the road for skid marks, which can indicate sudden braking due to excessive speed or reckless driving.
  • Excessive Speed for Road Conditions: Assess whether the truck was traveling at a speed appropriate for the current road conditions, such as weather, traffic, and road quality.
  • Aggressive Driving Behaviors: Look for signs of aggressive driving, such as tailgating, frequent lane changes, or road rage incidents.

Speeding and reckless truck driving can be corroborated through various forms of evidence, including witness statements, traffic cameras, and GPS data. These behaviors directly contribute to the trucker’s inability to navigate the road safely and can significantly impact the outcome of a truck accident claim.

Impaired Truck Driving

Driving under the influence of alcohol or drugs is illegal and highly dangerous, significantly increasing the risk of truck accidents. Impaired truck drivers exhibit reduced reaction times, poor judgment, and impaired motor skills.

Whether you suspect alcohol or some other substance contributed to the crash, police reports, and toxicology tests can confirm impairment. Establishing that the driver was under the influence is critical in proving their liability and negligence in the accident.

Signs a Trucker is Impaired

  • Swerving: Notice any swerving or inability to stay within the lane, a common sign of impairment.
  • Delayed Braking: Check for delays in braking or sudden stops, indicating impaired judgment.
  • Failed Field Sobriety Tests: Review police reports for any failed field sobriety tests conducted at the scene.
  • Alcohol/Drugs in the Truck: Was there evidence of alcohol or drugs found in the vehicle?

If you’re involved in a crash, it is always best to contact law enforcement and let them investigate. Do not personally accuse or try to collect evidence against a truck driver. Make your suspicions known to the authorities so they can perform the necessary tests and collect any evidence of impairment.

Violating Traffic Laws

Truck drivers, like all drivers, are required to adhere to traffic laws. Violations of these laws can directly lead to accidents. Breaking traffic laws creates hazardous situations on the road.

Eyewitness testimonies and traffic camera footage can corroborate these violations, establishing the truck driver’s fault in the accident.

What to Look For

  • Running Red Lights/Stop Signs
  • Failing to Yield
  • Improper Lane Changes
  • Tailgating/Following Too Close
  • Distracted Driving/Texting
  • Ignoring Weight/Road Restrictions

Improperly Secured Loads

Properly securing loads is essential for safe transport. Trucks carrying unbalanced or unsecured loads pose significant risks, as the cargo can shift, causing the truck to tip over or lose debris on the road.

Inspection records and witness accounts can verify improper load securing, holding the truck driver and company accountable for the accident.

The Signs of Unsecured Cargo

  • Debris on the Road: Check for any debris that may have fallen from the truck, indicating an improperly secured load.
  • Uneven Distribution: Assess whether the load was unevenly distributed, affecting the truck’s stability.
  • Cargo Spills: Look for signs of cargo spills, which can create hazardous conditions.

Why Do Truck Drivers Deny Accountability?

It should come as no surprise that truck accidents can lead to substantial financial claims, including compensation for medical expenses, property damage, lost wages, and punitive damages. Admitting fault means the driver and their employer could be responsible for these costs. By denying liability, they are attempting to avoid these large sums and the significant increases in insurance premiums that would follow a fault finding.

Additionally, the trucking industry is heavily regulated, and being found at fault can lead to investigations and regulatory penalties, such as fines or suspension of operating licenses. Denying liability helps them avoid these repercussions and preserve their reputation in a competitive industry.

The Tactics Truckers Use to Deny Fault

When a truck crash happens, drivers and their employers will employ any number of strategies to avoid taking responsibility. Whether they blame you, another motorist, or another party, understanding these common tactics can help you and your attorney prepare a strong case.

  • Blaming External Factors: A trucker driver may suggest weather conditions, sudden actions by other drivers, or unavoidable road hazards resulting in the crash.
  • Disputing Evidence: Truckers and their insurance companies often challenge the accuracy of the accident report, question witness credibility, or argue evidence tampering.
  • Altering Logs and Records: Unfortunately, falsifying driving logs, tampering with electronic logging devices (ELDs), or modifying maintenance records is not unheard of when a negligent truck driver is involved.
  • Claiming Mechanical Failure: A truck driver may point to sudden brake failure, tire blowout, or other mechanical issues.
  • Pointing to Driver Error of Others: Perhaps the most common tactic by truckers to avoid responsibility is accusing other drivers of reckless driving, like sudden braking or not following traffic rules.

The best way to address these strategies is to work with a law firm experienced in truck accidents that can thoroughly investigate and prove what happened.

Get Ohio Truck Accident Help Today – Free Consults

If you’ve been involved in a truck accident anywhere in Ohio, the legal team at Ohio Truck Accident Help is here to support you. We understand the complexities of truck accident cases and the tactics drivers and their employers use to deny fault. Our experienced truck accident attorneys are skilled at navigating these challenges and will fight to ensure you receive the justice and compensation you deserve.

With a proven track record of success, we are here to help hold negligent truckers and trucking companies accountable while protecting your rights.

Contact Ohio Truck Accident Help today to schedule a free consultation and discuss your options after being injured in a truck accident.