When a semi-truck accident occurs in South Dakota, determining liability is complex. Understanding trucking company negligence is essential for victims seeking compensation. Turbak Law Office, P.C. helps injured victims navigate these complicated cases. If you’ve been injured in a truck accident in Watertown, our team is ready to help.
What Is Trucking Company Negligence?
Trucking company negligence refers to the failure of commercial trucking operations to meet their legal obligations. These obligations include maintaining safe operations, properly training drivers, and keeping vehicles in safe working condition.
Unlike driver negligence—which focuses on the actions of an individual truck driver—company negligence addresses systemic failures within the organization itself. This distinction is critical when pursuing personal injury claims.
Trucking companies face liability through two legal theories. Vicarious liability holds employers responsible for employee actions. Direct negligence holds companies responsible for their own failures to implement safety practices.
When a trucking company fails to follow federal regulations, maintain equipment, or properly screen and train drivers, dangerous conditions are created. These conditions lead to accidents and injuries. Understanding how to prove negligence in these cases is critical for victims seeking compensation for damages.
Common Forms of Trucking Company Negligence
Trucking companies have a legal duty to hire qualified drivers and provide comprehensive training. This includes conducting thorough background checks, verifying Commercial Driver’s License (CDL) credentials, and ensuring drivers understand safety protocols.
The Federal Motor Carrier Safety Administration (FMCSA) requires companies to maintain detailed driver qualification files. These files document hiring decisions and training records. According to 49 CFR Part 391, companies must verify driver qualifications before employment.
When companies hire drivers with poor safety records or previous DUI convictions without proper remedial training, they demonstrate negligence. Driver training and certification directly impact accident liability. Similarly, failing to provide ongoing training on new equipment, changing regulations, or company-specific safety procedures creates liability.
Failure to Maintain Vehicles
Commercial trucks require regular inspections and maintenance to ensure safe operation. Negligent maintenance directly contributes to accidents. Common maintenance failures include:
- Failure to repair brake systems
- Failure to replace worn tires
- Failure to fix steering components
- Failure to address mechanical defects
Brake failures and tire blowouts are particularly dangerous at highway speeds. These failures often result from deferred maintenance. Common truck accident injuries frequently stem from maintenance failures. The Federal Motor Carrier Safety Administration establishes specific maintenance standards that trucking companies must follow.
When companies ignore these requirements to save money, they prioritize profit over safety. This creates liability for resulting accidents. Victims can pursue compensation for medical expenses and lost wages resulting from these negligent failures.
How Trucking Companies Violate Federal Safety Regulations
Federal regulations establish a comprehensive framework for safe trucking operations. Violations of these standards constitute negligence. They often provide strong evidence in accident cases.
Hours of Service (HOS) Violations: The FMCSA limits how many hours drivers can operate vehicles consecutively. According to 49 CFR Part 395, drivers are limited to 11 hours of driving per 14-hour consecutive duty window. Driver fatigue is a leading cause of trucking accidents. Companies that pressure drivers to exceed HOS limits or falsify logbooks create dangerous conditions.
Drug and Alcohol Testing: Companies must conduct pre-employment drug screening and random testing during employment. Per 49 CFR Part 382, failure to test drivers or hiring drivers with substance abuse histories demonstrates negligence.
Cargo Securement: Improperly loaded or unsecured cargo can shift during transit. This causes the truck to become unstable or jackknife. Companies must ensure cargo is properly secured according to FMCSA cargo securement standards.
Vehicle Weight and Size Compliance: Overloaded trucks are harder to control and more prone to brake failure. Companies must ensure vehicles comply with weight limits and route restrictions.
Record-Keeping and Logbook Accuracy: Electronic Logging Devices (ELDs) and logbooks must accurately reflect driver hours. Falsifying records hides HOS violations and demonstrates intentional negligence. This evidence is crucial in establishing trucking company liability.
Establishing Liability in Trucking Accident Cases
Proving trucking company negligence requires demonstrating four elements: duty, breach, causation, and damages.
- Duty: Trucking companies owe a duty of care to other road users. They must operate safely and maintain their vehicles.
- Breach: The company breached this duty through negligent hiring, inadequate training, failure to maintain vehicles, or violation of federal regulations.
- Causation: The breach directly caused or substantially contributed to the accident.
- Damages: The accident resulted in measurable harm—injuries, property damage, or death.
Evidence is critical in establishing these elements. Attorneys investigate driver records, maintenance logs, black box data, Electronic Logging Devices (ELDs), and employment records. Witness statements and dashcam footage are invaluable. Unfortunately, trucking companies often attempt to destroy or alter evidence after accidents. This makes immediate legal action essential to preserve critical information.
Damages Available in Trucking Negligence Cases
Victims of trucking accidents caused by company negligence can recover various forms of compensation:
- Medical Expenses: Current and future medical treatment, surgery, rehabilitation, and ongoing care
- Lost Wages: Income lost during recovery and reduced earning capacity if injuries cause permanent disability
- Pain and Suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Property Damage: Repair or replacement of damaged vehicles and personal property
- Wrongful Death Damages: If the accident results in death, surviving family members can recover funeral expenses, lost financial support, and loss of companionship. Learn more about semi-truck accidents and wrongful death.
- Punitive Damages: In cases involving gross negligence or intentional misconduct, courts may award punitive damages to punish the company and deter future violations. Understanding compensatory vs. punitive damages is important for your case.
Why You Need Legal Representation for Trucking Accidents
Trucking accident cases are significantly more complex than typical motor vehicle accidents. Trucking companies have extensive resources, experienced defense teams, and substantial insurance coverage.
They often attempt to minimize liability by destroying evidence, intimidating witnesses, or shifting blame to the driver. This is why dealing with insurance adjusters requires professional guidance.
These cases involve specialized knowledge of federal trucking regulations, accident reconstruction, and commercial vehicle mechanics. Multiple parties may share liability—the driver, the trucking company, the vehicle manufacturer, the cargo loading company, or maintenance contractors.
Immediate legal action is critical. Evidence must be preserved before companies destroy dashcam footage, maintenance records, or driver logs. An experienced attorney can issue preservation letters, conduct forensic investigations, and gather evidence while it remains available.
The legal team at Turbak Law Office, P.C. brings decades of experience handling truck accidents in South Dakota. Our forensic investigator, Nic Ahmann, has 13 years of law enforcement background and specialized expertise in electronic evidence analysis.
Our plaintiff-only focus means we never represent insurance companies or defendants. Our loyalty is entirely to injured victims. Visit our results page to see our track record of successful cases. You can learn more about how we assist clients by reviewing the stories and testimonials they share.
Nancy Turbak Berry holds the South Dakota record for the largest personal injury jury verdict. She brings 40+ years of trial experience to complex cases.
Frequently Asked Questions
What is vicarious liability in trucking accidents?
Vicarious liability holds employers responsible for the negligent actions of their employees. When a truck driver causes an accident through negligence, the trucking company can be held liable for the driver’s actions under vicarious liability doctrine. This applies even if the company itself did not directly cause the accident. This is a key concept in determining liability in truck accident cases.
Can I sue both the driver and the trucking company?
Yes. Both the individual driver and the trucking company can be liable for the same accident. In fact, most trucking accident cases involve claims against both parties. The driver may be liable for negligent driving, while the company may be liable for negligent hiring, inadequate training, or failure to maintain the vehicle.
How long do I have to file a trucking accident claim in South Dakota?
South Dakota law provides a three-year statute of limitations for personal injury claims. You have three years from the date of the accident to file a lawsuit. Learn more about how long after an accident you can sue in South Dakota.
However, take legal action much sooner. Evidence deteriorates, witnesses’ memories fade, and trucking companies may destroy critical records. Consulting an attorney immediately after an accident protects your rights and preserves evidence.
What evidence do trucking companies try to hide?
Trucking companies often attempt to conceal or destroy:
- Dashcam footage
- Maintenance records
- Driver logbooks
- Electronic Logging Device (ELD) data
- Text messages or communications between dispatchers and drivers
- Witness statements
This spoliation of evidence—the intentional destruction of evidence—can result in sanctions against the company. It may support claims of gross negligence warranting punitive damages.
How much is my trucking accident case worth?
The value of a trucking accident case depends on multiple factors:
- The severity of your injuries
- The extent of medical expenses and lost wages
- The strength of liability evidence
- The defendant’s insurance coverage
- The jurisdiction where the case is filed
Cases involving catastrophic injuries, permanent disability, or death typically result in higher settlements or verdicts. An experienced attorney can evaluate your specific circumstances and provide a realistic assessment of your case’s value. See our results page for examples of successful cases.
What should I do immediately after a trucking accident?
First, seek medical attention for any injuries, even if they seem minor. Call law enforcement and obtain a police report. Document the accident scene with photographs and video if it is safe to do so. Collect contact information from witnesses.
Preserve physical evidence—take photos of vehicle damage, road conditions, and the truck’s condition. Do not discuss the accident with insurance adjusters without legal representation. Learn more about what to do after a car accident that wasn’t your fault.
Contact Turbak Law Office, P.C. Today
Contact an experienced trucking accident attorney immediately to preserve evidence and protect your rights. Turbak Law Office, P.C. is available to help. Call 605-886-8361 today for a free consultation.