Truck Drivers Owe Higher Duty of Care

Sharing the highway with big rig trucks is hard on the average driver’s nerves. These hulking vehicles are wider than most cars, leaving little room for error while staying in the lane. In addition, truck drivers have a hard time seeing traffic in the right lane and may not see cars next to them before switching lanes. Add to these difficulties tired drivers, reckless behavior, and speeding, and a recipe for disaster ensues.

It may seem natural that drivers of vehicles with such capacity to do harm should be required to drive more carefully and to warn other drivers of the hazard. While it is true that big rig drivers are held to a higher duty of care while driving, that duty arises from reasons other than the size and weight of the trucks.

States such as Georgia, California, Tennessee, and Texas recognize a higher standard of care for truckers. The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry and sets rules for how truckers should operate their rigs. Several courts have found a “higher standard of care” for commercial truck drivers, based on language in the regulations instructing drivers to use “extreme caution” in situations of bad weather. Lawsuits involving trucking accidents have interpreted this to mean that truckers need to be more careful than car drivers.

Black’s Law Dictionary defines reasonable care as “that degree of care which a person of ordinary prudence would exercise in the same or similar circumstances.” “Extreme” is defined as “greatest, highest, strongest, or the like.” The definition of “extreme” indicates that federal law requires a higher level of caution than a reasonable and prudent person in a similar situation would exercise. Moreover, the FMCSA 49 C.F.R. § 392.2 states, “the Federal Motor Carrier Safety Administration imposes a higher standard of care than that law, ordinance or regulation, the Federal Motor Carrier Safety Administration regulation must be complied with.”

But failure to exercise sufficient caution is not the only regulation that may hold a truck driver liable for injuries to car drivers. Some situations involve driver negligence from alcohol or drug use, poor truck maintenance, or driver fatigue. The trucking company, rather than the driver, may also be negligent for failing to conduct an adequate background check on the driver or to provide proper training. Companies may also encourage drivers to enter false entries in logs to exceed the maximum allowed hours.

Trucking companies cannot claim they were unaware of the federal regulations that apply. Rules require companies to become familiar with the laws and to instruct drivers, dispatchers, and employees on them. Companies cannot encourage employees to break the rules by ordering them to make deliveries that exceed the maximum allowed hours.

If you have been in a serious trucking accident and believe the driver of the rig is to blame, contact our office for a free evaluation of your case. We may be able to help you recover compensation for your injuries and damage.