
When a massive semi-truck collides with a passenger car, the results can be devastating. Many people assume these incidents are just “accidents,” but often, they are the direct result of a preventable mistake. Understanding the role of driver error in trucking accidents is crucial for anyone who has been injured on Alaska’s roads and is considering speaking with an Anchorage, AK, car accident lawyer.
A simple mistake behind the wheel of an 80,000-pound vehicle can cause life-altering injuries, and figuring out what went wrong is a critical step toward getting the help you need to recover. These situations often involve more than just the driver; the trucking company they work for may also share responsibility for the choices that led to the crash.
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While every crash is unique, many stem from similar types of mistakes. These errors often happen because of pressure to meet tight deadlines, lack of proper training, or simple carelessness. From the busy streets of Anchorage to the long stretches of the Parks Highway, these errors put everyone at risk.
Here are some of the most frequent types of driver error in trucking accidents:
These common mistakes are often the starting point when looking into the cause of a collision.
The trucking industry is regulated by federal and state laws designed to keep the roads safe. These rules specifically target common causes of driver error. When a trucking company or driver fails to follow these regulations, it can be considered negligence—a legal term for failing to act with reasonable care, which causes harm to another person.
For example, the FMCSA sets strict standards for the industry. These rules are not just suggestions; they are legal requirements.
When these rules are broken, it not only puts the driver at fault but can also place legal responsibility on the trucking company that failed to enforce them.
One of the most complex parts of a trucking accident case is determining who is legally responsible, or liable. While the driver’s mistake may be the direct cause, other parties might have contributed to the situation that allowed the error to happen.
Several parties could be held accountable for a crash:
Identifying all the responsible parties is essential to ensuring that an injured person receives fair compensation for their losses.
You can’t just say a truck driver made a mistake; you have to prove it. After a serious wreck on a road like the Glenn Highway, evidence can disappear quickly. That’s why a prompt and thorough investigation is so important. Proving driver error in a truck accident often involves gathering and analyzing many types of evidence.
An investigation typically looks for key pieces of information:
Gathering this evidence requires quick action, as trucking companies and their insurance providers start their own investigations immediately.
If you were injured in an accident caused by a truck driver’s error, you may be facing significant challenges. Medical bills can pile up, and if you can’t work, you lose your income. The goal of a personal injury claim is to recover compensation for these and other losses, helping you get back on your feet.
Compensation in a trucking accident case is often broken down into two main categories:
The compensation in these cases should reflect the full extent of the injuries and losses. The amount of compensation depends on many factors, including the severity of your injuries and the amount of evidence showing the other party’s fault.
In Alaska, you must also be aware of the state’s laws on comparative negligence. Under this rule, your compensation can be reduced by your percentage of fault. For example, if you are found to be 10% at fault for the accident, your total compensation award would be reduced by 10%. Insurance companies often try to use this rule to shift blame and pay less, which is why having strong evidence of the truck driver’s error is so important.
Here are some answers to common questions people have about driver error in trucking accidents.
Even if a mechanical failure, like a tire blowout or brake failure, was the immediate cause of the crash, it could still be tied to driver or company error. An investigation would look into whether the failure was due to poor maintenance, a failure to conduct a pre-trip inspection as required by law, or a manufacturing defect.
In Alaska, the statute of limitations—the legal term for the deadline to file a lawsuit—for most personal injury claims is two years from the date of the injury. It is very important to be aware of this deadline, because if you miss it, you may lose your right to seek compensation.
Sometimes, trucking companies try to avoid liability by classifying their drivers as independent contractors instead of employees. However, this defense does not always work. If the company still exerts significant control over the driver’s work, such as setting their routes and deadlines, a court may still find the company responsible for the driver’s actions.
You should be very careful when speaking to an insurance adjuster for the trucking company. Their job is to protect their company’s financial interests, which often means paying out as little as possible. It is generally advisable to avoid giving a recorded statement or signing any documents without first consulting with a legal professional.
Yes, driver fatigue is a significant and well-documented safety issue. The demanding schedules and long hours inherent in the trucking industry create a high risk for fatigue-related crashes. This is precisely why the FMCSA’s Hours of Service regulations are so strict and why violations are taken so seriously.
If you have been injured in an accident involving a large truck in Anchorage, Wasilla, or anywhere in Alaska, you don’t have to sort through the details on your own. Proving driver error in trucking accidents requires a deep understanding of federal regulations and a thorough investigation, which is why speaking with an experienced Anchorage, AK, personal injury lawyer can make a critical difference. The team at Crowson Law Group is here to help you understand your rights and options.
We are a client-focused firm, and our people are what set us apart. We are responsive, available, and easy to talk to. We believe an educated client is a happy client, and we will work to get you full and fair compensation for your injuries. For a free, no-obligation consultation to discuss your case, contact us today. Call our Anchorage and Wasilla offices at (907) 418-3116 or visit our contact page to get in touch. We are available 24/7 to take your call.