Tractor-Trailer Accidents
Tractor-Trailer Accidents
With over 360,000 trucking companies operating over 15.5 million commercial trucks in the United States, the trucking industry must be highly regulated in order to prevent accidents and loss of life and promote safety. When trucking companies fail to follow regulations, people get hurt.
Drivers of trucks over 10,000 lbs. carry an enormous amount of responsibility. Not only are they required to do their job, but they’re also required to adhere to numerous strict regulations designed to protect roads, promote safety, and reduce the risk of accident occurrence. When a driver fails to meet these requirements, or ignores State and Federal laws, people get injured. It is your attorney’s job to investigate the accident and discover how the driver’s negligence may have contributed to or caused the accident that devastated you and your family. Following are factors which are frequently causative factors in trucking accidents.
FAILURE TO FOLLOW REGULATIONS:
The majority of large truck crashes occur in good weather during the daytime, so the majority of factors leading to crashes involve an action or failure to act on the part of the driver.
EQUIPMENT SAFETY AND PROPER INSPECTION:
Before each journey, operators are required to inspect their rigs and meet all safety standards. Failure to perform proper inspection, or failure to report or correct defects or malfunctions can create a dangerous situation on the roadways.
FATIGUE:
Large truck operators are required by law to pass thorough instruction and training sessions centered around the importance of a sound mind and healthy body during travel. When drivers ignore these rules and attempt to drive too many consecutive hours, they put lives at risk.
DANGEROUS DRIVING:
In 21% of fatal accidents, speeding was a contributing factor. Around 27% of all large truck drivers involved in fatal truck accidents had at least one prior speeding conviction.
DRUGS AND ALCOHOL:
Federal law prohibits operating a large truck with a BAC level of 0.02 or higher.
INADEQUATE TRAINING:
It is the employer or trucking company’s duty to make sure all of its drivers are properly trained and have the proper licensure and history required by law. Proper and ongoing review of driver qualifications, training and experience are mandatory. If an employer fails to clear a driver, and that driver is involved in an accident, the company can be held liable for damages.
COMPENSATION BASED ON SPEED:
Trucking employers who encourage speeding through tiered compensation may be held accountable when speeding is determined to be a factor in an accident. Often this type of compensation can lead truck drivers to force themselves to drive too many consecutive hours, resulting in fatigue.
UNREALISTIC SCHEDULES:
Some trucking companies have a reputation for pushing their drivers beyond reasonable limits. Scheduling drivers without proper breaks or allotment for rest and setting unrealistic time goals can result in driver fatigue and carelessness.
FAILURE TO SUPERVISE:
Although truck drivers take on an enormous amount of responsibility to meet job standards, it is the duty of trucking companies to make sure standards are not only met, but also recorded and properly supervised. This is an example of negligence that can be place on the driver as well as the company.
DANGEROUS DESIGN DEFECTS:
In previous accidents, there have been incidents where defective mechanical systems were shown to be the direct cause of serious and fatal accidents. Trying to stop 80,000 lbs of truck and cargo is no easy feat, and an alarming number of accidents are caused by brake failures. According to the National Highway Traffic Safety Administration (NHTSA), 30% of all heavy truck accidents are linked to brakes being out of adjustment.
FAILURE TO MEET SAFETY DESIGN STANDARDS:
Trucking companies may overlook design flaws on their trucks and fail to meet minimum safety requirements, resulting in equipment malfunctions that can lead to serious injury upon impact.
TRACTOR-TRAILER vs. PASSENGER VEHICLE:
A loaded commercial truck can weigh upwards of 80,000 lbs., whereas an average passenger vehicle only weighs about 3,000 lbs. The sheer size and weight of an eighteen-wheeler mean the result almost always produces serious injuries or fatalities. Cars, small trucks and even SUVs are no match for these dangerous 80,000 lb trucks. And depending on the nature of hauled materials, hazardous or flammable cargo can significantly increase the danger. Federal and State regulations specify specific licensing, training and safety requirements for commercial truck drivers and trucking companies, so these cases can be a lot more complicated than automobile litigation.
Commercial Trucking Accidents are very different from “normal” accidents involving passenger vehicles and they require a lawyer who is well-versed in the regulations governing commercial vehicles. Freight companies are constantly updating their operating procedures and only the very best trucking accident attorneys keep pace with the latest trends, technologies and procedures. John Lyndon Lowery has collected millions of dollars from trucking companies on behalf of his clients and makes it a point to stay abreast of trucking procedures and regulations. Time is of the essence in trucking cases because companies may dispose of log books, crucial electronic data and delete critical information contained within on-board computers in order to avoid responsibility for their errors. If you or a loved one has been involved in a tractor-trailer accident, contact our office today to make sure your rights are protected.