What constitutes negligence by the trucker?

Truckers are held to a higher standard of due care and attention while driving because of the nature of the vehicle they are driving. An 18-wheeler is bigger, heavier and far more dangerous and deadly than a passenger vehicle. As a result, the driver needs to be more alert and aware at all times to their surroundings, weather, traffic and other external signals that may affect their attention and ability to drive.

Some examples of negligence include:

  • Short turning at an intersection and leaving the rear end of the truck sticking out
  • Stopping on a highway but not being completely off the highway and out of the way
  • Not putting up warning flares or flashing lights and orange triangle signals to indicate the truck is stopped
  • Truck is not equipped with sideride bars. Similar to an underride bar that keeps a vehicle from going right under the truck if it is rear-ended, sideride bars keep another vehicle, if it hits the side of a truck, from sliding under it and being run over by the rear tandems
  • Improperly loaded cargo that shifts and tips the truck and/or lands on another vehicle or causes another vehicle to attempt to avoid a dumped load on the road, resulting in a crash

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