After a truck crash in Wilmington, a truck driver has a duty to operate the vehicle safely, follow traffic laws, remain attentive, maintain proper control, and take reasonable steps to avoid causing harm to others. Commercial drivers may also have additional responsibilities involving vehicle safety, licensing, hours of service, and other requirements. If a driver’s failure to meet these responsibilities contributes to a collision, that conduct may become important when determining liability.
Wilmington is Delaware’s largest city and a major transportation and business center. Its roads carry passenger vehicles, delivery trucks, tractor-trailers, and other commercial vehicles every day. When large trucks can cause severe injuries, it is important to anyone working with a Wilmington truck accident attorney to protect their rights.
A Truck Driver Must Drive With Reasonable Care
Truck drivers must operate their vehicles with reasonable care under the circumstances.
This includes paying attention to traffic, road conditions, weather, construction zones, and other hazards. A driver who ignores changing conditions or operates a truck carelessly may create unnecessary risks for other road users.
Delaware law specifically prohibits careless or imprudent driving and requires drivers to give full attention to operating their vehicles and maintain a proper lookout.
A Truck Driver Must Maintain a Safe Following Distance
Large commercial trucks need more time and distance to slow down and stop than many passenger vehicles.
Delaware Code § 4123 requires drivers to avoid following another vehicle more closely than is reasonable and prudent based on speed, traffic, and road conditions. The law also contains a specific spacing requirement for certain trucks traveling outside business or residential districts.
A rear-end collision may therefore raise questions about whether the truck driver maintained an appropriate distance.
A Truck Driver Must Pay Attention to Road Conditions
Weather, traffic congestion, road construction, and poor visibility can all affect how a truck should be operated.
Drivers have a responsibility to adjust their speed and driving behavior when conditions change. Traveling too fast for wet roads, failing to account for heavy traffic, or continuing at an unsafe speed through a construction area may support an argument that the driver failed to use reasonable care.
A Truck Driver Must Follow Commercial Safety Rules
Commercial truck drivers can be subject to requirements beyond ordinary traffic laws.
Delaware adopts numerous federal commercial motor carrier safety regulations through its motor carrier safety laws. These rules cover areas such as driver qualifications, vehicle maintenance, hours of service, and safe operation.
Violations of applicable safety rules may become relevant evidence when investigators examine why a crash occurred.
A Truck Driver Must Maintain Proper Vehicle Control
A truck driver must keep the vehicle under reasonable control and operate it safely.
Problems such as excessive speed, unsafe lane changes, distracted driving, or improper maneuvering can increase the risk of a crash. The driver’s actions before the collision may be examined alongside vehicle condition and roadway circumstances.
A Truck Driver Must Avoid Distracted Driving
Commercial truck drivers spend long hours on the road, making attention particularly important.
Using a phone, adjusting equipment, eating, or engaging in another activity that takes attention away from driving can create serious risks. If evidence shows that distraction contributed to the collision, it may become relevant to a negligence claim.
A Truck Driver Must Stop and Assist After a Crash
A driver’s responsibilities do not necessarily end when a collision occurs.
Under Delaware law, a driver involved in a collision causing injury or death must stop, provide identifying information, and render reasonable assistance, including contacting emergency personnel or helping transport an injured person to medical care when appropriate.
Leaving the scene or failing to provide reasonable assistance can create additional legal consequences.
The Trucking Company May Also Be Responsible
Liability does not always rest solely with the truck driver.
Depending on the circumstances, a trucking company, vehicle owner, maintenance provider, cargo-loading company, or another party may have contributed to the crash. An investigation may therefore examine driver records, company policies, maintenance records, cargo information, and other evidence.
Evidence Can Help Establish a Breach of Duty
Evidence is essential when determining whether a truck driver failed to meet the required standard of care.
Important evidence may include:
- Police reports
- Dashcam or surveillance footage
- Electronic logging data
- Driver qualification records
- Vehicle maintenance records
- Black-box or event data
- Witness statements
- Photographs of the crash scene
- Truck inspection records
- Medical records documenting injuries
Preserving this information quickly can be important because some electronic and physical evidence may not remain available indefinitely.
Key Takeaways
- Truck drivers have a duty to operate safely and follow applicable traffic laws.
- Delaware requires drivers to maintain a reasonable and prudent following distance.
- Commercial drivers may also be subject to federal and state safety requirements.
- Distracted, careless, or unsafe driving may support a negligence claim.
- Truck drivers have legal responsibilities after a collision involving injuries.
- The trucking company or other parties may share responsibility for a crash.
- Driver records, maintenance records, electronic data, and video can help establish what happened.
- Prompt medical care and preservation of evidence can strengthen an injury claim.
About the Author
