How does a truck accident lawyer prove negligence in a truck accident case?

Nearly 500,000 truck-related accidents take place every year in the US, with more than 4,000 fatalities and more than 100,000 injuries. Most of the fatal accidents involve big trucks and the incidents take place in rural areas, but they can take place anywhere at any time of the day or night.

Proving negligence in a truck accident case can be complicated, particularly if it’s unclear who the responsible party is for the incident or what the conditions were. In general, truck drivers should have the training and experience to be better prepared to avoid collisions.

How to Prove Negligence

A truck accident lawyer can prove negligence with evidence about the incident. Your lawyer will often gather witness statements, photos, documents, medical records, and other evidence from the road. Here’s a quick overview of how a lawyer can prove negligence.


Truck drivers have a duty to maintain responsible driving practices. The trucking company is responsible for maintaining the vehicles, repair and inspection reports, and driver reports. When that duty is properly fulfilled, it should work to avoid most accidents and mistakes.


A breach of duty simply means that the truck driver failed in their responsibility to drive safely. It would be important to look at ways that the truck driver overlooked safety regulations. Your lawyer may look at how the company offered inadequate training, while setting tight and unrealistic deadlines.

The company could be responsible if they hired drivers who were not qualified to fulfil the role they’d been given. Or it could be that the truck loading was not completed properly.


When the trucker’s careless or reckless driving behavior is the reason for the damage or injury, your attorney must prove that he/she is the responsible party.

Or they might prove that the trucking company is at fault for all the errors in judgment, because of his/her lack of training, lack of experience and qualifications, improper maintenance, or other vehicle problems.


You were injured by the trucker’s breach of duty. Your lawyer is required to prove that the trucker’s reckless actions let to the injury and damage. Likewise, your lawyer may prove that the trucking company is responsible for the damage due to their inability to properly train or prepare their employees for the big rig experience.

Reasons for Truck Driver Accidents

The reasons for accidents may be a little different from the types of incidents that happen with other typed of vehicles. But any of reasons that are related to accidents for truck drivers are more serious and dangerous for every other vehicle on the road.


Truck drivers are required to take breaks when they are scheduled for long-hauls, but it’s still possible that he/she is tired. One-in-nine truck drivers are involved in accidents where drowsiness and fatigue were involved in the incident.


Truck drivers who speed are 69% more likely to be involved in an accident, but they are also more likely to be operating with both hands off the steering wheel. Since trucks are so big and hard-to-control, their high rate of speed is a negligent act.

Distracted Driving

A distracted truck driver is just as dangerous as one who is fatigued or even a drive who is driving under the influence. Just like with cars and other passenger vehicles, distracted driving can involve the use of a cell phone, radio, and other devices while on the road. More than 387,000 people are injured due to distracted driving every year.

Driving Under the Influence

When a truck driver operates a big rig while under the influence of alcohol or drugs, that act is considered negligent, with the possibility of disastrous consequences to all the parties involved.

Poor Training

Truck drivers go through extensive training before they are allowed to take their big trucks out on the roads. That also means that a possible failure in the truck training process could lead to unsafe or even dangerous driving behavior.

Dangerous Lane Change

When a truck driver changes lanes, it’s a much more significant event than it is for a small passenger car. Even minor mistakes can become a danger to other vehicles on the road. Dangerous lane changes can also be a part of poor training.

Next Step: Schedule a Consult to Learn More About How to Prove Negligence

Terry Bryant Accident & Injury Law offers the experts you need to represent you in your truck accident claim. We’re tenacious and detail-oriented, which means we don’t give up until we get you what you deserve your compensation.

When the evidence shows that a driver or company cut corners, our team is dedicated to proving your claim. We have the experience, customer service, attention to detail, and resources that will help you prove liability no matter what the cause of the truck driver accident.