From medical bills to lost wages and property damage, truck accident cases are not like typical car accidents. In this blog, our trucking accident lawyers discuss how standards for tractor-trailer drivers differ from those for non-commercial drivers.

Have you ever heard the expression “due care”?

Due care is one of several legal terms describing the duty or obligation that one party has to others on the road. This could reciprocally refer to semi-truck drivers and trucking companies, as well as noncommercial passengers, pedestrians and other motorists. Due care may be determined through OSHA regulations, Department of Transportation (DOT) laws, or Federal Motor Carrier Safety Administration (FMCSA) regulations.

With respect to trucking and large commercial vehicles, “due care” refers to the obligation the trucking industry has to organize its business in a way that reduces risk, improves safety, and follows what one could reasonably expect. Given the tremendous responsibility they have to keep their roads and communities safe, trucking companies have a duty to take their due care seriously — and be held fully accountable when they fall short and cause harm.

Commercial truck accidents are rarely straightforward—and competent truck wreck lawyers understand this. Truck insurance companies know this, and will work hard to keep from paying the full, fair value of your claim.

If your truck accident claim involves serious injury or wrongful death, call the experienced truck accident attorneys at the Poole Law Group: 301-790-3600.

Do Truck Drivers Have The Same Standard Of Care As Noncommercial Drivers?

Truck drivers have the same responsibilities and then some. Truck crashes are not the same as car crashes, and the law is explicit on this fact: trucking safety standards, for both truck drivers and trucking companies, are more stringent than the standards of care required by noncommercial motorists, and can vary depending on the circumstances. This is why truck drivers must obtain a commercial drivers license, or CDL, in addition to their noncommercial license: the expectation is that they exercise utmost caution at all times.

Due Care Requirements for Truck Drivers

Truck drivers must drive and act with due care, as must all other drivers on the road. However, truck drivers are held to a higher duty of care in cases of extreme weather. The Federal Motor Carrier Safety Administration (FMCSA), 49 CFR Parts 392.14, outlines this difference:

"Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction."

Truck drivers are required to reduce speed, and sometimes even stop driving altogether, when conditions are extreme. Many roads stipulate a lower speed limit for trucks; the same principle applies in inclement weather. Ice, snow and sleet increase the distance it takes for a truck to stop, and thus increases the risk of operation. This also applies to construction sites, logging roads, and other places truckers go to deliver and pick up their loads.

At all times, truck drivers are subject to additional rules and regulations for the equipment with which they are entrusted. Cargo must be safely secured within the, and trucks must observe additional rules about road viability in the event of a mechanical failure.

What is “Reasonable Care”?

Reasonable care means abstaining from clear violations of the law: drinking and driving, negligent or distracted driving and extreme speeding are examples of reasonable care. The expectation is that all drivers will always adhere to these foundational rules of the road; they follow federal and state laws, as well as common sense.

Professional drivers — and trucking companies — must adhere to reasonable care as well as extreme caution when driving. “Extreme caution” refers to the due care required of circumstances where a vehicle is extremely large relative to other vehicles (as is the case with most trucks); where the truck is transporting flammable liquids or other hazardous materials; and when road conditions are suboptimal.

It is never enough that a truck driver stops at “reasonable care”; they must also exercise extreme caution to allow for a certain degree of human error from others on the road

Why are Standards of Care So Much More Stringent for Truck Drivers?

Truck driving is a highly specialized skill. Not only does it require a special license, but it requires more than what would be expected from a noncommercial driver. Because of the inherent risks involved with the profession, truck drivers and trucking companies must adhere to the highest levels of caution possible.

In inclement or hazardous conditions, for example, truck drivers are not simply required to avoid wrongdoing or danger, but to take all practical steps available to ensure their safety, as well as the safety of those around them. This may include stopping driving altogether when it is not safe to do so.

How Does The Trucking Industry’s Standard Of Care Affect My Rights?

Across the United States, thousands of people are injured every year when truck drivers, or trucking companies, fail to act responsibly and put others at risk. This can happen when a truck driver fails to take reasonable care — driving drunk, tired, or distracted — or in any situation requiring extreme caution, in which the truck driver, and/or the trucking company, act with negligence.

If you have been injured in a trucking accident, it is imperative to find a dedicated trucking accident attorney to research the circumstances leading up to the accident, and, as needed, represent you in a lawsuit against the liable parties. Your trucking accident attorney will look into liability issues, such as:

- Was the truck driver operating their vehicle for more than the maximum number of consecutive hours allowed?
- Was the truck driver speeding, distracted, under the influence, fatigued, or otherwise unable to safely operate the vehicle?
- Had the trucking company and/or trucking broker taken extreme caution with respect to the vehicle’s maintenance requirements?
- Had the trucking company adequately vetted, trained and regularly evaluated the driver before the accident?
- Does the trucking company have a history of hiring drivers known for unsafe practices or moving violations?
- Did the trucking company ignore or encourage unsafe driving behavior?
- Does the trucking company have a history of maintenance issues or accidents within their fleet?

How Long Do I Have To File A Claim For A Truck Accident In Maryland?

Maryland’s statute of limitations generally allows three (3) years to file a personal injury case. If you have been injured in a truck accident, this means you have three (3) years from the date of the accident to file a lawsuit and collect compensation for your damages, including pain and suffering, following a truck accident injury.

Moreover: trucking companies have an additional set of responsibilities to ensure motorists’ safety on the road. Trucking companies’ business practices must always anticipate the worst-case scenario on the road; in the event that trucking companies are found to have mismanaged their operations, undertrained their drivers or underreported working hours or moving violations, they may also become a defendant party in a trucking lawsuit.

Bringing a claim against the trucking company — as well as the driver and their insurance policy — makes more assets available for your recovery. In incidents involving large trucks, the diagnostic and treatment process can often be expensive; a qualified truck accident injury attorney will be able to determine how many defendants, and how many streams of recovery, your accident may be able to use.

The Poole Law Group offers complimentary case evaluations to anyone who has experienced a trucking accident. We specialize in cases where duty of care, and truck safety regulations come into play, as well as cases with similar circumstances. Through our free case evaluation and network of medical and legal experts, we can help guide you to the best recovery possible. Call us at 301-790-3600 and talk to one of our experienced truck accident attorneys today.

Are Truck Drivers Held to Higher Trucking Safety Standards?