Truck Accidents Caused by Reckless and Aggressive Driving in DE
Compassionate injury attorneys protecting the rights of the injured from Delaware offices in Wilmington, Newark, and Seaford
Even when a truck driver is sober, awake and alert and giving all of his or her attention to the task of driving a large, commercial truck, these massive vehicles pose a threat to the safety of the passenger vehicle with which they share our local roads and highways. The Federal Motor Carrier Safety Administration (FMCSA) report on large truck and bus crash facts for 2013 reports that there were 241 fatalities in accidents involving large, commercial trucks (CMV) and passenger vehicles caused by aggressive driving/ road rage in 2013. When a truck driver is operating his or her vehicle in an aggressive or reckless manner without regard to the safety of those around them, they increase the chance of causing a serious injury to themselves and the other drivers on the roadway. An 18-wheeler truck is intimidating enough on its own, but when the driver decides to use his or her truck to purposefully antagonize other drivers it escalates from a traffic infraction to a criminal offense.
At the law firm of Silverman, McDonald & Friedman, we offer a free consultation with our experienced truck accident attorneys who will listen to you, and then offer valuable, legal advice that is specific to the facts of your case. Having an experienced legal team on your side when you are going up against insurance company lawyers ensures that your rights will be protected. Because we maintain offices in Wilmington, Newark and Seaford, Delaware, a truck accident lawyer will always be nearby to help when you need it.
What does aggressive or reckless truck driving look like?
You were traveling down the highway moving with the flow of traffic with your family in the vehicle headed for your favorite vacation spot when you notice a large, tractor trailer truck coming up quickly behind you. This truck begins tailgating you aggressively, but there really is not an opportunity to pass the car in front of you to get out of the way. Next you notice the truck swerve quickly and passes you on the right and pulls right in front of your vehicle, causing you to brake a bit to slow down. Further up the road you see the same truck aggressively weaving in and out of traffic, cutting of other trucks and passenger vehicles and driving far too fast for the congested conditions.
The National Highway Traffic Safety Administration (NHTSA) says that a driver’s actions are aggressive when they commit a combination of moving traffic violations that can endanger the lives of others such as:
- Failure to yield the right of way
- Cutting off other drivers while aggressively weaving in and out of traffic
- Passing other cars and trucks aggressively
- Tailgating other vehicles
The U.S. Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) have developed a program called TACT, which stands for Ticketing Aggressive Cars and Trucks. The goal of this program is to deter unsafe driving behaviors by both passenger vehicle drivers and commercial truck drivers, and to reduce the number of large truck related crashes, injuries, and fatalities on our nation’s roadways. There is a FMCSA consumer complaint database where you can file a complaint about a CMV who was driving aggressively or recklessly on the highway or on a local road. If you feel that there is imminent danger of an accident due to this driver’s behavior, call 911 and report it to the police.
Taking legal action against an aggressive truck driver
If you should sustain a serious injury in an accident that was caused by an aggressive truck driver’s reckless behavior, you may be able to take legal action against the driver and the trucking company that hired them. There are compensatory damages available for your injuries and property damages that include medical costs, lost wages and pain and suffering. However, if the driver was driving recklessly when they caused the accident, you may also be able to get punitive damages, which is decided on a case by case basis with the intention to punish and deter behavior that is especially reckless and egregious. Unfortunately, many punitive damages claims go uncollected because they are rarely covered by the responsible party’s insurance policy which means that the at-fault driver would have to pay out of his or her own pocket.
A vital step for you to take is to schedule a no-obligation consultation with an experienced truck accident attorney, at our office in Seaford, Wilmington or Newark, who can offer you sound, legal advice based on the facts of your specific case. At the Delaware law firm of Silverman, McDonald & Friedman, we accept injury cases on contingency, so you do not pay any attorney’s fees until we win compensation for you.
We protect your rights to fair compensation after an injury in a truck accident
If you have been injured in a truck accident caused by an aggressive driver in Delaware, the knowledgeable attorneys at Silverman, McDonald & Friedman fight to protect your legal rights. We know how much a serious injury can devastate your life and we fight for the best settlement or verdict possible. You may call us at 302-888-2900 or complete our contact form to set up a case review. We serve clients from our offices in Wilmington, Newark, and Seaford for your convenience.