A serious truck crash can leave you dealing with injuries, medical treatment, lost income, and significant changes to your daily life. When a commercial truck is involved, determining the cause of the collision can also become complicated. One issue that may arise is a defense that the truck driver simply made an error.
A trucking company or insurance carrier may argue that the driver made an innocent mistake and that the crash was unavoidable. They may also attempt to place some or all of the responsibility on another person involved in the collision.
But being told that a crash was caused by “driver error” does not automatically mean an injured person’s claim is without merit.
The circumstances behind the alleged error matter. A closer examination of the collision may reveal that the driver’s conduct was preventable, that another factor contributed to the crash, or that additional parties may need to be considered when determining responsibility.
What Is a Driver Error Defense?
A driver error defense generally attempts to characterize a truck driver’s actions as an unexpected mistake rather than negligent conduct.
For example, a driver might claim that they did not see another vehicle before changing lanes, misjudged the distance between vehicles, reacted too late to traffic conditions, or made an incorrect decision while operating the truck.
The label “driver error,” however, does not provide a complete explanation for why a collision occurred.
Truck drivers are expected to account for the size and weight of their vehicles and operate them with appropriate care. A mistake behind the wheel may need to be considered alongside the circumstances that led to it.
Was the driver paying attention? Were road and traffic conditions considered? Was the truck being operated at an appropriate speed? Was the driver adequately trained? Were there indications of fatigue? Did the driver follow applicable rules and procedures?
These questions can help determine whether the driver’s mistake was truly unavoidable or could have been prevented.
Does a Driver’s Mistake Automatically Mean the Driver Was Not Negligent?
No. A mistake can potentially be part of negligent conduct.
Drivers can make mistakes, but the important issue in a truck accident claim is often whether the driver’s actions were reasonable under the circumstances. A driver who fails to notice a vehicle, for example, may still need to explain what they were doing immediately before the collision.
Consider a lane-change crash. The truck driver may say they simply did not see the other vehicle. That explanation does not necessarily resolve the matter. Evidence may show whether the driver checked surrounding traffic, used appropriate signals, allowed sufficient space, and took reasonable precautions before moving into another lane.
The same principle can apply to other types of crashes. A driver who says they could not stop in time may still need to be evaluated based on speed, following distance, traffic conditions, visibility, and other circumstances.
The purpose of reviewing these details is not to automatically blame the truck driver. It is to determine what actually happened.
What Evidence Can Help Challenge a Driver Error Defense?
Evidence can be especially important when a trucking company or insurer disputes responsibility.
Depending on the circumstances, evidence may include photographs of the vehicles and roadway, statements from witnesses, available video footage, vehicle data, driver logs, inspection records, maintenance records, and other documents associated with the truck and its operation.
The damage to the vehicles may also provide useful information. The location of the damage, debris, skid marks, roadway conditions, and final positions of the vehicles may help establish how the collision occurred.
Records concerning the truck driver may also become relevant. Information about driving hours, training, qualifications, and prior safety-related concerns may provide additional context when appropriate to the case.
No single piece of evidence necessarily determines responsibility. Instead, the evidence can be evaluated together to develop a clearer understanding of the collision.
What If the Trucking Company Blames You for the Crash?
A driver error defense may sometimes be accompanied by an argument that the other driver contributed to the collision.
For example, the trucking company or its insurer might claim that the injured person was speeding, following too closely, changing lanes improperly, or otherwise failing to exercise reasonable care.
These allegations should be examined carefully rather than accepted simply because they appear in an insurance company’s version of events.
Texas law allows fault to be divided among parties in certain injury claims. If an injured person is found partially responsible, that finding can affect the amount they may recover. As a result, determining how responsibility should be allocated can become an important part of a truck accident case.
The evidence should tell the story. A person involved in a serious truck crash should not assume they are responsible simply because the other side makes that allegation.
Could Other Factors Have Contributed to the Crash?
A truck driver’s actions may be only one part of the investigation.
Commercial trucking can involve drivers, trucking companies, vehicle owners, maintenance providers, cargo-loading personnel, manufacturers, and other parties. Depending on the circumstances, more than one factor may have contributed to a collision.
For example, a mechanical problem could affect how a truck operates. Improperly loaded cargo could potentially affect the vehicle’s stability or handling. A maintenance issue could also raise questions about whether the truck was properly maintained before the crash.
These possibilities do not mean that another party is automatically liable. Each case depends on its specific facts and evidence.
However, focusing exclusively on the driver’s explanation could overlook other circumstances that may be important to the claim.
Why Is a Truck Accident Investigation Important?
Commercial truck crashes can involve substantial amounts of information. Some evidence may be available only for a limited period, while other records may require effort to obtain and review.
An investigation can help establish a timeline of events and identify evidence that may support or challenge the explanations given by the people and companies involved.
This can be particularly important when the trucking company or insurer has already developed its own position regarding what happened.
An injured person should have an opportunity to understand the circumstances of the crash rather than simply accepting the first explanation provided.
Can a Police Report Determine Who Was Responsible?
A police report may provide useful information about a crash, but it does not necessarily contain every fact that could become relevant to an injury claim.
A responding officer may document information available at the scene, including statements from drivers and witnesses, observations about the vehicles, roadway conditions, and other circumstances.
Additional evidence may become available after the initial investigation. Photographs, video, vehicle information, records, witness accounts, and other documentation can provide additional context.
For that reason, an insurance company’s interpretation of a police report should not necessarily be treated as the final determination of responsibility.
What Should You Do After a Truck Crash?
If you are injured in a truck crash, seek appropriate medical attention and follow your healthcare provider’s recommendations. Keep records related to your injuries, treatment, expenses, missed work, and other losses associated with the collision.
It is also important to preserve information from the crash when possible. Photographs, witness information, insurance correspondence, medical records, and other documentation may become important later.
You should also be cautious about providing statements or agreeing to a settlement before you understand the potential impact of that decision. Once a claim is resolved, you may have limited options for pursuing additional recovery.
Most importantly, do not assume that a “driver error” explanation automatically defeats your claim.
How Can a Truck Accident Attorney Help?
A driver error defense may sound straightforward, but the circumstances behind a commercial truck crash can be anything but simple.
A careful review of the evidence can help determine whether the driver’s conduct contributed to the collision, whether another party may have played a role, and how the available evidence affects the claim.
If you or someone you love has been seriously injured in a truck accident, Robins Cloud LLP can help investigate the circumstances of the crash and evaluate your legal options. Contact the firm at (800) 691-2363 to discuss your situation.
This article is intended for general informational purposes only and does not constitute legal advice. Every truck accident claim is different, and the outcome of a particular case depends on its facts and applicable law.