Mistakes That You Should Avoid In Your Truck Accident Lawsuit

Fighting for your rights is not an easy job, especially when you are not responsible of it. If filed a lawsuit against truck driver or trucking company, then you need to stay alert about few facts associated with truck accident law and avoid making mistakes.

Following are few of the mistakes that you should avoid in your truck accident lawsuit-

Negotiation- Often trucking companies try to negotiate with you by bribing. Beware such acts of trucking companies as it can ruin your lawsuit. You must leave this thing on your lawyer and let him negotiate with the trucking company.

Mistakes in legal paper work- Accuracy of legal documents is essential. Mistakes in your legal documentation can spoil your case. It can get any accident victim labeled as a fraud and result in the termination of all your insurance benefits. So, let the lawyer handle all the paperwork.

Applying too late- To file a case against trucking company, there is a time limit of one year. Benefits such as wage loss, medical bills and mileage, and nursing services are covered in it. If you do not apply within one year, you will not be able to receive any insurance benefits.

Medical tests- Health test reports are essential to maintain in order to get insurance benefits. Anytime a doctor sends you for a test or refers you to some other doctor, you must inform your Truck accident lawyer in New York.

Disposing of important evidence- Save all pill bottles, casts, braces, prescriptions or any other items favoring you. Though you might not consider these evidences important, but these are quite essential to preserve in order to avail benefits.

Pictures- If you had to go through any surgery because of the accident, then take pictures of it and provide it to your lawyer. Missing out this factor will weaken your case to get rightful compensation.

Job changes & moving- If any changes regarding your job duties and salary are made after accident then do inform your attorney. This is because personal injuries are restricting you from going to work then you can claim for it.

Is It Essential To Hire A Truck Accident Lawyer If You Have Met With An Accident?

Yes definitely, it is important to hire a truck accident lawyer in New York if you have been a sufferer because of the negligence of the other person, as the lawyer will help you get the compensation owed to you. Lawyer will also do his best to secure your rights and do everything to help you get justice.

What Are The Reasons Behind Hiring A Truck Accident Lawyer?

Truck accidents can potentially ruin a victim’s life. Despite being in mental trauma, they need to deal with police, investigators, insurance companies, and bill collectors.

If you too have faced such a terrifying incidence, then you must take time for things to calm down. This is because in such situation you are more confused and might make wrong decision. 

In such situations, you must seek help of professional truck accident attorney. The following are the reasons behind the need to seek advice of professionals in such case-

Hiring an attorney gives you assurance of getting justice. They will look into each aspect and make sure to provide you rightful compensation.

Attorneys will always make sure that the available evidences are preserved and not destroyed by trucking or insurance companies.

You do not need to step back as these lawyers are there to help you out. They will make sure to win your case, if you are not responsible for the accident.

Truck accident lawyers are highly professional. They make sure to get into the details of your project. If needed, they may also visit the accidental spot to present and document all the evidences.

In order get a verdict in your favor, they will collect all evidences like take photographs, talk to witnesses, and contact the police.

If there were any hidden aspect associated with your case, they will explore it and present your a case in court that throws light on all aspects of the case.

Your attorney will help you get full compensation for your losses. This may cover medical costs, lost wages, auto repairs etc. Hence, they will make sure you get the deserved amount of compensation.   

Truck accident lawyers are specialized in solving such cases. They ensure they are updated with constantly changing laws. This helps them to investigate whether the trucking companies and drivers are abiding the rules or not.

Not only will the lawyers represent you in court, but they will also represent your case before insurance company. They will make sure you do not commit any mistake that might hinder your compensation. They will assist you before making any statement whether written or verbal.

Common Causes Of Truck Accidents That Remain In The Rear Of Curtains

Commercial vehicle crashes are more devastating in comparison to any other vehicle accidents across the United States. Being heavy vehicles, they cause great damage to the smaller vehicle passengers. In some of the worst cases, these accidents might lead to death. 

In that case, the victims who have incurred any kind of loss are bound to get complete justice along with claim and compensation that they deserve.

However, many people are not aware of the law rules, thus lagging behind getting compensation. Therefore, it is advisable for anyone who is victimized by others negligence to get in touch with one of the most reputed truck accident injury lawyers around your city in order to seek best professional help, as not many would be able to help you win the case.

Only the ones who are experienced, reputed professionals are aware of the common reasons that lead to accidents. Few of the causes are as follows-

Driver’s negligence- this is one of the most common causes that leads to accidents. These truck drivers fall short of understanding the fact that it is their responsibility to keep the other motorists driving on the road safe. They either forget or ignore the basic techniques, which can avoid many such incidents.

Improper training-the other common cause is that drivers have improper training at the time of learning how to drive vehicle. It is necessary for drivers to obtain appropriate training along with learning how to perform their duties.

Equipment failure-most importantly, the main cause of accidents happens due to the reason that the companies don’t take their vehicles for regular maintenance that is somehow mandatory in order to keep the vehicle working in smooth condition. Common defects such as brake failure, defective lights, and tire failures have lead to many dreadful incidents.

Overloading- Last but not the least, overloading and overweight vehicles also causes many dreadful accidents, as these vehicles either fail to stop at the time of applying brakes or due to tire burst. At this point of time vehicles tend to lose the control, thus troubling other people who are driving next to these vehicles in nearby lanes.

These few causes occur due to negligence. Therefore, it is advisable to seek help from your lawyer in order to ensure that you get the compensation that you are entitled to by law and don’t get involved in the case unnecessarily.

What Are The Primary Causes Of Devastating Truck Accidents?

Numbers of truck accidents are raising regularly and main causes behind that are speeding, overloading, violation of traffic laws, substance abuse, etc. If you have become an accident victim due to this negligence, get in touch with New York truck accident lawyer to get your case evaluated and get appropriate compensation.

What Kind Of Benefits, A Right Truck Law Firm Can Provide You?

Have you ever been involved in any accidental activity and have incurred heavy losses? Well if yes, then you don’t need to worry much. Just delve and make out the list of the most reputed and reliable truck accident law firms in your city that will help you in the best way.

Accidents are not preplanned and it can occur at any point of time due to yours or others negligence of driving of truck or any other vehicle. Therefore, whenever you are finding the suitable lawyer, make sure that you are serious in searching and hire a suitable one, as after loss many people fail to give time finding the best lawyer who can defend their rights. They either land finding a wrong lawyer or face mental troubles due to hefty medical bills, damages of your vehicle, loss of job, physical pains, many more. Therefore, you need to be sure that you are finding the best lawyer who can help you getting your rights along with availing you numerous benefits. 

Following are some of the benefits that you can avail from right lawyer-

Most of time it happens that during accidents, the victim fail to catch some evidences of the person who is responsible for the cause, therefore, the lawyer who you will choose will trace out all the evidences that can help you win over the case so that you can get your rights back in proper time.

At the time of accident, you may face personal Injury from the other person’s side either physically or intentionally/unintentionally. at this point of time when you start feeling helpless, the lawyer of law firm will assist you in best possible way and will defend you making sure that not only you will be liable to get the compensation but will get other rights as well.

After accidents, if you have faced injuries and fail to seek medical aid because of financial issues, then your lawyer will make sure to avail all the medical expenses from the culprit side so that you don’t have to face any troubles in future.

These are few benefits of hiring a right lawyer. However, you can only avail these benefits if you have researched well for the lawyer. The other way can be through references who can give you better reviews about their experiences.

Did You Know About The Importance Of A Truck Accident Lawyer?

If you have become a truck accident victim, it is necessary for you to look for a professional lawyer, as handling these cases require years of experience and knowledge. With the help of a truck injury lawyer, you can get fair compensation to take care of your medical bills, lost wages, emotional sufferings, etc.

Get The Right Compensation By Hiring An Experienced Truck Accident Attorney

It is not possible to know when an accident is going to happen so if you are involved in a truck accident, the foremost thing to do is to hire an experienced truck accident attorney who is well aware of all the rules and regulations and is updated with the state laws that apply to the scene of the accident. The truck accident lawyer will file a lawsuit against the one who is responsible for the accident and will help you to get the appropriate compensation.

Hiring a truck lawyer proves to be very beneficial. This is because he can easily obtain legal permit to investigate the whole scene and will go through all the important details to know about the real culprit behind the accident. If the driver of truck is responsible for the mishap, the victim’s family will get the desired compensation.

In truck accidents, the victim can experience major injuries in areas like brain, spine, or fractures or it becomes impossible for him to carry out the daily tasks. Therefore, a professional lawyer can be very helpful in this case.  The lawyer will go through every single detail and will make sure to collect as many evidences as possible to build a strong case in favor of the victim.

Lawsuits related to truck accidents are very complex therefore, it is always advisable to seek help of a professional truck accident injury lawyer. Make sure to look for the best practicing lawyer in your area and one with good reputation in the industry.

If you or any of your family members, colleagues, or friend is a victim of truck accident, do not hesitate to consult a law firm. You can easily find number of experienced and skilled truck accident lawyer in New York. Moreover, you can even find lawyers who do not charge any amount unless you win the case. So make sure to discuss everything with your lawyer including every single detail of the accident.

As the evidences do not last after a couple of hours, so make sure to hire one immediately after the accident so that he can collect evidences easily before they are destroyed. These lawyers can also hire re-constructionist of accidents in order to document and preserve the evidences.

Reasons That Lead To Truck Accidents

Outcomes of truck accidents are heart breaking. Victims of these tragic events either lose their life or face financial losses. There are numerous reasons because of which such events occur. Let us look at those reasons-

Driver’s negligence- This is the major cause behind truck accidents. It can be due to different conditions such as fatigue, distractions, and negligence. Such situations can cause risk to life and risk to other vehicles on the highways.

Mechanical failure- Truck equipment failure is another reason of accident. It may include faults like defective tires, mechanical issues, improper brakes and more. Driver neglecting regular maintenance and inspection of truck is taking his and other people life into danger.

Inexperienced drivers- Wrong or inexperienced truck drivers are another reason behind accidents. This is the reason why businesses that require doing shipping their products must hire drivers those are experienced. They must have complete idea about driving and rules & regulations.

Weather conditions- This is another major reason behind truck accident. Commercial vehicles that are heavily loaded in weight often cause accidents because vehicles in such weathers often lose their control. Hence, considering the weather factor drivers require going slow on roads.

Overloaded truck- Truck when overloaded can cause accidents. Moreover, it may also cause vehicles to go out of their lanes of traffic.

From the aforementioned reasons you must have got an idea what reasons may cause truck accidents. Such accidents can cause big loss for victims and their family.

If you or your loved one has been a victim of such accidents, then you must fight for your rights and get justice. In regard to this, you need to hire truck injury lawyer.

Lawyer’s expertise in such field has good experience in fighting such cases. They can help provide you great justice. You will get free consultation from the lawyer that will help them evaluate your situation and find actual causes behind incident.

After looking to your situation, if they find you right then they will surely fight to protect your rights. Truck accident lawyers make sure victim gets justice. They also assure their rights are not compromised and get compensation for their losses whether it is medical expenses, lost wages, and emotional trauma.

Top Reasons To Employ A Truck Accident Attorney

If you have been a victim of any truck accident and have suffered injury, then you need not worry, as truck accident attorneys are there to assist you. These attorneys are specialized in handling the cases that relates to vehicular accidents.

Although you may find many options such as insurance company, which many people seek help from, but to consider help from them is not considered as a reliable option. Undoubtedly, they will handle things but they are helping you in order to make money, and that is what their business is.  Therefore, it is advisable to seek help from truck accident lawyers, as they will provide you services you want. 

However, it is very essential to look for a lawyer who holds good reputation and to whom you can rely upon for your work. Moreover, the attorney should be able to convince you that he would successfully solve your case no matter how crucial your case may be. Therefore, it is advisable to research well and then consider the one who you think is a reliable resource.

Following are some of the reasons to employ truck accident lawyer –

Work loss-After you have been victimized, you will have to do efforts to solve the case and get compensation. This would obviously hamper your work. Moreover, you may have to lose wages if incase you have become disabled, as the person won’t be able to. At this point of time, truck accident lawyer provides you helping hand, as the lawyer will consider everything that includes building the case to fighting for your rights.

Medical facilities-In addition to this, you will have to hassle around paying medical bills. This is something wrong, as why should you pay for others negligence. Here truck accident attorney will work to get you compensation for the losses you have incurred. Not only this, but the lawyer will get you compensation for the future expenses as well, especially if you have incurred serious injuries, as you may move down due to financial consequences in future.

These are some of the reasons, why you should hire a truck accident lawyer other than any other assistance. However, you need to be little wise while choosing your lawyer, as the strength of your case will depend on the type of lawyer you choose.

Top Reasons Why You Need A Professional Truck Accident Attorney

Truck accidents can be extremely dangerous, causing serious injuries and even loss of life. Serious and devastating truck accidents often leaves victim in worries about finances and their future plan. A victim may also have to deal with the insurance companies, police investigations, bill collectors, and other such aspects.

However, if you or any of your friends have become a victim of such horrifying accident, then you certainly need a professional help and seek help from a reputed truck accident injury attorney. Following are some of the reasons that highlight the importance of hiring a professional truck accident lawyer.

Hiring a highly qualified professional lawyer is very important. The lawyer will go to the accident spot and will collect all the evidence to build a strong case and to present them just at the right time. The lawyer will take photographs, talk to the eye witnesses and can even contact the police to know every single detail about the accident s that he can build a strong case to support you.

The lawyer will keep all your evidence and documents preserved so that they are not destroyed by attorneys of the other party or the insurance companies. Therefore, make sure to get an expert help soon so that you have more chance to get the justice.

There are number of lawyers, who do not charge any consultation fee unless you win the case. So if you are not responsible for any accident, discuss the whole scene with you lawyer and make sure to provide him every single detail of the accident.

With the help of a professional attorney, you can get an overall compensation of all losses which may include, the complete medical cost, lost wages, auto repairs, insurance claims and so on. The attorney will make sure that you get the correct amount of compensation that you deserve.

Moreover, these professionals are updated with the constant changing laws. Therefore, they will firstly investigate whether the particular trucking company is abiding certain laws or not.

The lawyers will always assist you before you make any statement thus helping you from committing certain costly mistake.

Which Laws Can Be Helpful In Your Truck Accident Injury Case?

Trucks are usually double in size and weight of other smaller vehicles. Their sheer size and weight makes them more lethal in any accident as they can ruin everything in their way. These accidents can rob you of your good health (by injuries), vehicle (by property damage), and stable financial situation (by causing lost wages, medical expenses). Emotional suffering that comes with these crashes is even worse.

However, if you are planning to file a lawsuit against truck driver, trucking company, insurer etc., then you must know that traffic laws can play an essential role in your claim. Some of these traffic laws are –

Driving time limit – There is driving time limitation for truck drivers according to law. It ends at the 14 hours. One should not drive over fourteen consecutive hours (following ten consecutive hours off duty). There are rest and breaks related rules too that should be followed accordingly. Driving over this limit can lead to crashes due to no rest and fatigue. You can hold party at fault in your lawsuit liable to pay compensations if they were driving over this limitation.

Weight related laws – CMVs come with a weight limit. Overloaded trucks are keen to lose balance on road and cause accidents. They can swerve unexpectedly and crash into other vehicles. This is why it is essential for trucks to carry things under the weight limit. If you or your loved ones suffered injuries due to an overloaded CMV, then you can use this fact for your benefit in lawsuit.

Drug and alcohol – It is a common fact that driving under the influence of drug and alcohol is a clear violation of law. If a drunk or drugged CMV driver is responsible for your accident, then truck accident attorneys can build a strong case against the party at fault.

Traffic rules – Not following traffic rules is another aspect that can be helpful in your lawsuit. Negligence regarding regulations can lead to severe accidents causing injuries and property damage. Running a red light, speeding, distracted driving (talking or texting on cell phone) are some examples of rules violation. If party at fault (truck driver) is proved to violate traffic laws, then it can benefit in your claim.

There are several other regulations regarding regular vehicle inspection, maintenance of CMVs, and more that can be beneficial for your compensation claim. However, you must know that insurer of trucking company will hire attorneys to argue against your claim in court. You must be prepared for that along with your attorney with proper documents, evidences.

How Different Law Firms Helps In Getting Compensation From Trucking Company?

The different truck accidents law firm work on behalf of victims and their family to get financial compensation from the trucking companies. The professional lawyers working with the firm will obtain all the necessary documents to file a strong case against the person at fault.

5 Types Of Truck Accident That Are Extremely Damaging!

All types of road accidents are unfortunate, but the ones involving trucks are extremely damaging due to the sheer size of trucks.

Truck accidents victims may suffer from severe injuries to permanent disability and even death. Here are some the most common types of truck accidents that cause a lot of damage–
Head on collision – As the name clarifies, it is the situation where truck collides with another vehicle head on. Following are the main reasons behind these accidents –

• High speed
• Reckless driving
• Distracted driving (using mobile phones etc.)

Rollovers – Lost control over CMV can force it to slide, roll over, and collide with other smaller vehicles on road. It can cause serious damages to cars due to the size and weight of truck. Here are the major reasons behind these incidents –

• High speed
• Fast turns
• Tripping over obstacles like curb, guardrail on road

Under ride – It is the type of accident in which driver tries to stop the large vehicle unexpectedly by slamming brakes. It gives no time or warning to the other vehicles driving behind the truck, and they may go underneath the CMV causing severe physical damages. It is one of the most dangerous truck accidents. Causes of this crash are –

• Bad road conditions
• Car drivers failed to see CMV due to broken tail light or lack of reflectors
• Equipment failure
• Poor visibility
• Driver negligence

Jackknife – This accident was given this name because truck and trailer make the shape of a jackknife in this type of crash. Loss of control over the vehicle causes trailer to skid forwards making the angle of almost 90 degree. It occurs due to –

• Sudden brakes
• Equipment failure
• Bad road conditions such as icy surface
• Driver negligence

Blind Spots – Due to the sheer size of trucks, their blind spots are bigger. It makes harder for CMV driver to see other vehicles, which results into crash. Main reasons behind these incidents are –

• Bad weather conditions (heavy rain, snowing etc.)
• Lack of mirrors
• Poor visibility

Experienced truck accident attorneys can help you in determining the type of accident to in order to proceed accordingly and file appropriate charges in the lawsuit and claim compensation for damages.

Facts That Every Truck Accident Victim Must Know Before Filing A Lawsuit

When huge CMVs like 18-wheelers or semi-trucks collide with other vehicles on road, the outcomes are mostly tragic. Truck accident victims may suffer severe injuries, permanent disabilities, and even death.

If you or your loved one has fallen victim to such an accident, then it is your right to claim for justice and claim for an appropriate compensation for the damages incurred. Filing a lawsuit may not heal your injuries or bring back your loved ones, but it is the only way you can bring the culprits to justice and get sufficient compensation to handle your losses.

Before filing a lawsuit, it is essential to first find out the type of truck accident case that you or your loved one has fallen victim to, because your claim will depend on that.

Negligence related lawsuit is filed against the truck driver, if it is evident that the crash incurred due to their carelessness. It includes negligence regarding traffic laws, fatigue, distracted driving, overloading, drunk driving etc.

For cases in which defective equipment (defective brakes, issues with engine etc.) was the cause of the accident, your lawyer will prove that the truck/part manufacturer is at fault.

Experienced truck accidents lawyers can help you with all that. They will investigate the case and find out the cause behind it to file a lawsuit accordingly and get you the justice and compensation you are entitled to, for the physical, mental, and financial damage incurred.

By determining the type of lawsuit, your lawyer can decide which party (driver, trucking company, vehicle or parts manufacturer, insurer etc.) should be held responsible for the crash and is liable for paying compensation.

JTB Law Group- Team Of Professionals Whom You Can Trust Upon For Your Services

JTB law group is one of the reputed firms in New York that is known to provide excellent services to its clients who have been facing troubles in their cases related to truck accidents. It is definitely the best Truck Accidents Law Firm that dedicatedly fights for the rights of the clients.

Did You Know About The Best Truck Attorneys In New York?

If you have been involved in truck accident cases and you are innocent, then do not worry, as there are group of professionals who will help you out with this problem. JTB law group has employed best truck accident lawyers in New York who works 24/7 with sheer dedication to get recoveries for their clients who are part of accident but are innocent.

What Kind Of Services Jtb Law Firm Provides To Their Clients?

JTB law firm is popular among the people for its exceptional services. The team is fully dedicated towards their clients.  The truck accident attorney who looks after your case make sure that if the client is not the culprit, then they will make sure the rights of the victim is well preserved.

What Are The Top Reasons Behind Serious Truck Accidents?

There are strict rules for road safety, but some people choose to ignore them and that is when accidents happen! All road accidents are damaging, but the ones that include big commercial vehicles can cause maximum damage and leave you wondering what to do when you’ve had a truck accident.

Accidents involving big vehicles like trucks can cause extreme trucking injuries to the passengers of the other vehicle.

In this post, we will try to understand the most common reasons behind truck accidents. 

1. Tired drivers- Tiredness and exhaustion are common reasons behind truck accidents, especially when drivers keep driving for long period without any break. Regular and timely breaks are crucial to avoid accidents.   The pressure of delivering loads in short periods of time and being paid per mile encourage drivers to push the limits, but sometimes pushing the limits is over the limit!

2. Overloading- Overloading is another example of irresponsibility on the part of truck drivers that load more goods than their truck’s capacity or the legal limit. In such a case,
they become more prone to go off balance and slip into other vehicles.

3. Being irresponsible-It is important for all drivers to realize that they need to stay professional and responsible while on the road. Under no circumstance, they should drive under the effects of alcohol or drugs. Also, although truck drivers should be trained to deal with cars, the reverse isn’t always true, but both need to share the road.

4. Speed limit-There are speed limits for a reason. Every driver ought to follow the speed limits. It can prevent many an accident and speeding even one mile over the speed limit is negligence per se..

5. Not properly trained drivers- Another reason for truck accidents is unqualified truck drivers. It is quite challenging to drive a commercial vehicle consistently, which is why there are certain parameters for the eligibility of becoming a truck driver. When an unqualified driver goes behind the wheels, other’s safety becomes at risk.

6. Tire blowouts- Tire blowouts and defects are common reasons for a number of trucking accidents. Tire failure can occur due to unavoidable contact with road debris, lack of proper air pressure, and in many occasions the result of negligence.

Truck Safety should be the first and the biggest priority on road. In case, you or any one in your family has been a victim of a truck accident, you should consult truck accident attorneys and seek legal help.

Different Types Of Equipment Failure That Can Lead To Truck Accidents

Truck accidents are one of the biggest reasons behind injuries, property damage, and death on the roads in America. Crashes with trucks can leave cars damaged and passengers fighting for their lives. Many times, it is the fault of CMV commercial motor vehicle drivers while many other times, equipment failure is the reason behind accident.

Here are some of the common equipment failures that claims many lives every year –

Tire – Equipment failure related to tires are probably the most common reasons behind accidents. Unexpected tire blowouts can cause driver to lose control over CMV. Truck can crash into other vehicles on road causing property damage and injuries. Tread separation is another aspect that leads to crashes. Excessive wear or manufacturing defects can also lead to tire related issues on road.

Brakes – Brake failure can result into serious truck accidents on road. If brakes fail all of a sudden, then even the driver may be unable to stop CMV and will probably crash into other vehicles on road. Sometimes, defect in brakes causes trailer to skid towards the cabin, creating a jack-knife shape and causing crashes.

Steering wheel – Defect or issues with steering wheel can also cause driver to crash as they lose control over vehicle.

Others – Broken or missing side mirrors, broken lights (taillights & headlights), defects in other parts of CMV are the common equipment failure that can lead to crash. Defects with trailers or faulty coupling can also cause crashes if trailer stirs away from the cab.

Malfunction of wind shield wiper is another example of equipment failure.

According to the regulations, it is the responsibility of driver and trucking company to properly maintain their CMVs. If they fail to properly maintain and inspect CMVs and if leads to an accident, then they are the considered liable for the damage, and it will be considered as negligence. In the lawsuits for truck accidents caused by equipment failure, trucking company is held responsible. Sometimes, manufacturer of vehicle are also held liable for paying fair compensations to the sufferers.

Even a small fault in the vehicle can turn trucks into the biggest danger on road. Many people have suffered physical, mental, and financial damages due to unfortunate truck accidents. If you too have fallen victim to a truck accident, then you should educate yourself about how to proceed. Contact a truck accident attorney to file a lawsuit on your behalf to see if you can get justice.

Some Common Cases of Truck Driver Negligence

Increasing numbers of big rig clashes have become a big worry for both the public and the government. What makes it even worst is the risk of serious trucking injuries because of the size and sheer weight of the trucks.

While there are numerous causes behind these terrifying truck accidents, driver error remains the number one cause, although it may be interrelated with issues like condition of the truck, weather conditions, and other possible general negligence issues.

People commonly ask what do if they are in a truck accident.  Should you try to resolve the issue directly with the truckers’ insurance company?  There’s a saying in the law that if you represent yourself you have a fool for a client!

If you or your loved one has fallen victim to a big rig accident, then it is essential for you to seek help from an experienced truck injury lawyer to discuss your rights and protect you from the insurance company taking advantage of you by endlessly going over your version of events untils there are inconsistencies and then offering pennies of the dollar.  Also, a truck accident lawyer will have experience in navigating the landmines the insurance company plants, and experience matters. 

In working up the truck litigation, the lawyer will investigate if the incident was the result of any of the following driver errors or negligence-

Speeding is common for many truckers, which helps them meet the aggressive delivery schedules.  Truckers are often paid per mile, so the more miles per hour = more dollars and less safety. Speeding is dangerous and has caused many fatal truck accidents.

Exhibiting dangerous driving practices such as unsafe lane changes, tailgating, etc. are the signs of a hostile driver who can be a serious threat to others on the road.

Many times, drivers fail to secure the load properly that leads to imbalance or moving items and can result in uncontrolled movements of the vehicle posing threats of accidents.

Drivers neglecting the importance of installing and maintaining rear-view mirrors or other blind spot detectors may appear to be a minor issue, but can cause serious consequences.

Improper training can also result in driver errors that can include failure to react properly on changed weather conditions and unexpected road hazards.

Truckers consuming drugs or alcohol before getting behind the wheel of the truck are inexcusable and a big threat to others on the road. It has been a major reason for lost lives in the past.

If your lawyer identifies that your accident was the result of any driver error or negligence, you can discuss filing a lawsuit against the trucking company to receive compensation for your injuries.

Under Ride Truck Accidents - Crushing Automobiles And Lives!

Truck accidents are one of the deadliest mishaps on road. They have the ability to cause immense physical, emotional, and property damage and even death. There are few types of truck accidents, which includes under ride crashes too.

So, what is an under ride accident?

It is a crash in which a smaller vehicle like car collides with a truck and slips under the bigger vehicle. In some situations, the commercial motor vehicle, CMV runs over the smaller automobile forcing it to slip under. This collision is more hazardous for passengers of car as this crash usually crushes and tears the smaller vehicle apart. 

It can severely damage car, mainly its roof and sides. Passengers of smaller vehicle suffer head and several other types of severe injuries due to the impact of collision. Cars can collide with CMVs at any side, whether at rear end or at sides.  While it may look cool in the movies, there is nothing fun about being paralyzed, comatose, quadriplegia, paraplegia or death from a truck accident.

Situations that lead to an under ride accident-

Usually, these collisions occur when CMV is taking a U-turn and other vehicle collides with it.

Under ride impact may take place when truck driver pushes brakes and fails to control vehicle. It becomes a dangerous situation for cars following behind.

This type of crash also occurs when a CMV is reversing on a heavy traffic road effectively stretching across the road.

Improper lane changing can also result in to these crashes.

Major reasons that can cause this crash-

There are many reasons that can cause an under ride crash on road between cars and CMVs. It includes –

High speed – Driving on a high speed can cause drivers to lose CMV’s control and slip on road. Due to this, it becomes difficult for following drivers to control their vehicle. In result, it collides with the bigger vehicle and slides under it.

Equipment failure – Equipment failures like brake fail or a burst tire may also lead to under ride accidents.

Lack of reflective tape or reflectors – During the night, lack of reflective tapes or reflectors on trucks make it difficult for the car drivers to see it. As a result, collision occurs injuring passengers and causing property damage.

Furthermore, the lack of impact guards on trucks increase the risk of injuries for the car passengers. Whether its high speed or lack of reflectors, trucking professionals are responsible for under ride crashes and injuries of victims. If you or your loved ones have suffered due to such an accident, then you should contact a truck accident law firm to let you know your rights about your case.

Is your lawyer using the Black Box Evidence to Make Your Case Stronger?

There can be a numbers of factors behind truck accidents, which is why it is essential to seek help from an experienced attorney if you are contemplating a truck accident lawsuit. These professionals can reveal many hidden aspects of the incident by attempting to gain access to discoverable items such as the black box.

For example a truck accident lawyer in New York handling your case should strive to obtain black box data to help establish  the proofs of your case.  If the information is available, it is an essential and crucial factor to download the black box information from the recorders that have become standard in the trucking industry for accountability and safety measurements.

Black box devices (also known as electronic data records) are now installed in trucks throughout America. These devices become the main source of information when it comes to discovering the journey of the truck.

Therefore, your lawyer should obtain and download data from the black box soon after the incident because information stored in this device may give your case a completely new and objective source of information and direction. It can help your lawyer identify the exact location of the truck at the time of the incident, as well as other information relating to the accident.  It is particularly critical if there is a truck accident death to make sure all possible information is obtained.

Black boxes provide crucial information about the vehicle that can also include performance of the truckers by analyzing factors such as speed, distance, braking, number of hours driven etc. It can also provide information like tire pressure that may be associated with vehicle maintenance issues.

On the other hand, some black boxes may also have conversations between the driver and trucking company, which may reveal vital information. It can also show information related to instances such as usage of clutch, hard braking, etc. All this information can make or break your entire case, as it may lead to discoveries such as fatigued driving, equipment failure, exceeding hours, etc.

Therefore, it is extremely important for your lawyer to send a preservation of evidence letter, which is also referred as a spoliation letter as early as possible. It is to inform the trucking company that black box information must remain protected and should not be tampered, as it is needed for the lawsuit.

How The Usage Of Electronic Logbooks Can Stop Unsafe Truck Driving?

Driving big rig vehicles is a tough – it’s job that requires a certain skill set and a mind for safety. To ensure safety of the roadways and for those other vehicles and humans on the road, it is essential for truckers to be honest about the long hours they put in especially if they are hard working. However, there are an increasing numbers of lawsuits associated with falsified paper logs which suggest that still many truckers that do not comply with the safety rules just to earn little more money. These falsified documents are the result of exceeding hours of service, which is one of the main reasons behind increasing truck accidents.   Drivers falsify logs so they can continue driving additional hours and miles to make additional pay and sometimes even work for more than one trucking company.

In order to reduce incidents associated with falsified logbooks, The Department of Transportation (DOT) has moved up the expected publication date for a final rule mandating the use of electronic logging device to September 30, 2015.

Electronic logging devices (ELD’s) would supplant the need for paper logs and make it increasingly difficult to falsify their records. ELD’s work via a recorder is attached to the truck that will record its location and operational information. It requires drivers to log in when they start driving. The system will know if the truck is moving or stop and accurately log miles and time.

These electronic logging devices will store all the data that can be extremely helpful to track work related information of the drivers. Usage of this technology will make it difficult for drivers to manipulate their logbooks based on their own. This technology includes real time data recording that will allow trucking companies to monitor vehicles and stop unsafe driving practices to enhance road safety.  Perhaps, in the future the governors in these ELD’s may actually be able to self-report speeding and other unsafe habits that result in trucking injuries and truck related fatalities.

ELD’s can be considered as a warning for both drivers and commercial transport companies, as it is expected that truck accidents lawyers will use data of electronic logging devices to expose driving negligence or improper supervision and assist in accident reconstruction.

How The Driver’s Documents Can Be Helpful In Resolving Accident Cases?

There are many rules and laws regarding the safety of people on road. But when someone breaks the law, he or she poses a threat not just to himself, but to others on road. Every big vehicle on road is like a ticking time bomb if not driven properly.

Road accidents involving heavy commercial vehicles often lead to devastating outcomes.  The sheer force of the vehicle with its mass upon impact can create quite a crunch and can permanently alter and extinguish life.

There are laws to protect the truck accident victims, but it is also a hard truth that the victims of such brutal accidents face lots of obstacles in obtaining justice and sufficient compensation due to the intricacies involved in litigation.  Immediately after the accident, the professionals from the insurance company may try to lock you into statements while under the stress of the event, and anything you say may be used against you.

In you or someone you know has fallen victim to such an unfortunate trucking incident, you should consult a truck accident injury attorney. An experienced lawyer can help you get justice by investigating all the aspects and documents associated with the case.

In most, if not all of truck accident cases it is essential to request the correct documents especially those in the driver’s file. Some of the documents that can significantly help in tracking the history of a driver include-

The driver investigation record
Employment documents – Personnel File
State driving license (including record)
Medical certificate (CDL clearance)
Alcohol and drug testing record

These documents may hold decisive information about the driver, which could be helpful in identifying the medical situations (if any). It will also reveal the driver’s history that can help in identifying whether safety violations have been done by the driver in the past and whether the driver is legally prohibited from driving (due to some medical conditions, unlawful activity, etc.).

An experienced trucking lawyer can dig deep for the information during an investigation, as they are backed by years of experience in handling such sensitive catastrophic injury cases.

Not-So-Common Truck Driving Violations

There is no doubt that trucking industry plays an important role in the American economy. However, increasing numbers of truck accidents have become a big concern for both the Government and public. It has been noticed that negligence of the truckers is one of the key reasons that leads vehicles with about 80,000 pounds to fatal results. However, while there are a few common violations, a few others remain unnoticed until a thorough investigation is done.

Some of the commonly unnoticed factors are given below-

• Inadequate pre-trip and post-trip Inspection- When it comes to pre-trip and post-trip inspections, it requires approximately 20-30 minutes of time. However, many drivers do nothing more than a quick walk-around, which on numerous occasions leads to fatal accidents. These inspections are designed to prevent unsafe vehicles get on the highways. A Truck Tire blow-out can prove deadly, and a good inspection of the tires should always be performed.

• Violating hours of service regulations- All commercial vehicle drivers need to understand and comply with hours of service regulations. Unfortunately, numerous drivers falsify their logs to look eligible for their officially authorized hours of driving. They also tend to ignore exhaustion that their bodies experience in order to meet tight deadlines or earn additional money.

• No Planning of the Route- Careless truck drivers fail to understand that they need to plan a route before starting their journey. It includes considering important factors such as weight limits on specific roads, railroad crossings, unusual turns, low bridges, etc. Failing to consider all these factors can contribute in serious accident.

• Not stopping when Unwell or fatigued-  Some truckers believe that it is ok to drive when they are inside the legal hours of operation, even if they feel unwell or fatigued. This illness or fatigue could also be the result of second jobs that they perform during their rest hours. Therefore, it is essential for them to understand that safety comes first at all times.

There are many other factors associated with truck driver negligence that may remain behind the curtains, unless the victims decide to seek help from professional truck accident attorneys. Experienced lawyers use their vast knowledge to find all hidden factors associated with accidents to find the actual culprits. Their ultimate aim is to ensure that the victims of these incidents receive the compensation, they are entitled to.

How The Victim’s Case May Be Stronger If The Truck Driver Was Not Wearing A Seat Belt?

Not wearing a safety belt is one of the contributing reasons behind injuries and deaths in truck accident cases. According to law, it is necessary for CMV drivers to confine themselves properly with seat belts. It is believed that it helps in minimizing the damage in case of an accident.  There have been so many campaigns to have people use seat belts, that today it is the exception rather than the rule where people don’t buckle up. Many states have laws that force and enforce seat belt use like “click it or ticket.”

How safety belts protect people?

It keeps drivers restrained to their seats even during an impact. It makes it easier for them to control vehicle effectively, saving other’s lives.

It can spread the stress and impact force (in accident) throughout body. It decreases the risk of serious injuries.

What are the laws about wearing seat belts?

States are responsible for making and managing rules for this aspect of road safety. It is necessary for drivers to wear these restraints. Not wearing them is considered a direct violation of law. Police officers can issue a ticket to the driver if he or she violates this law.

Sometimes, unbelted drivers get a citation by the police officers (if they are stopped for another reason such as driving over speed limit). The fine in these situations varies from state to state.

What are the consequences of not wearing safety belts?

An individual can get a ticket for it. Not wearing seat restraints increases the risk of injures or casualties. Trucking companies lose their employees, whether for months (in injuries) or permanently (in death). Compensations, medical bills & insurance, lost services of employees, lost business, and rehiring costs a lot.

How a victim’s case may be stronger if it is proven that truck driver was not wearing seat belt?

If it is proven in court that truck driver was not wearing the safety belt during the accident, it is indicative that the truck driver is ignoring even the simplest of safety measures. Ignoring the little things may be probative that they are ignoring the bigger things as well.

The truck accident injury law firm may use this inference for their clients’ benefit during negotiations with the trucking company. In these negotiations, the truck victim’s lawyers can reference the fact that company’ employee was not following state’s rules.

Many times, trucking companies’ attorneys try to protect their client by claiming that victim’s injuries or death was caused by negligence (of not wearing seat restraints). Whatever the reason or argument is, it is clear that seat restraints can protect people’s lives whether they are truck drivers or others on road.

How An Experienced Lawyer Can Help The Victims Of A Truck Accident?

Big rig accidents are terrifying and literally and figuratively leave a horrible impact on the accident victims. Accidents that involve commercial vehicles bring complexities of taking an action against the driver along with the trucking company. Victims and their families can and should seek help from a reputable truck accident injury lawyer, if they were in a trucking accident and sufferer an injury from the truck.

Below mentioned are some of the most important areas, in which an experienced lawyer may work on, some of which may be time critical Investigation Reports- Firstly, it is essential to obtain the police reports and see the official accident report completed by the officers that were at the accident site. It is vital to collect the copies of photos and videos taken at the site, if you retain an attorney quickly, they may send an investigator to the scene and a notice to preserve the truck to see if there is any equipment or other failure.

Eyewitness Statements- There are times when commercial accidents are witnessed by a number of people that were present at the scene and are willing to provide their statements, videos, and photos. All the information becomes more crucial as the case moves on and the best recollection is generally closer in time to when the truck accident was witnesses.

Trucking Company Record- It is one of the most vital aspects, as trucking companies may attempt to destroy the documentation. Therefore, it is extremely important to obtain records of the vehicle from the company that can include maintenance reports, training and certification records, etc.

Black Box Data- Some of the trucks have black boxes installed that are used to maintain the records of the driver’s activities. It is extremely important to ensure that the data in the black box is preserved and translated after the incident.

Records of Medical Treatments- For victims and their families, it is necessary to keep the record of their medical treatments from emergency medical services to current medical treatment. Lawyers use these documents to show the initial presence and development of the injuries and sufferings. Reports of the doctors will play a significant role in obtaining the best results in the lawsuit.

The insurance company and the trucking lawyers who defend the cases are immediately working to try to lock you into a statement and circumvent your rights, you need someone from day 1 to protect you as well, especially if the truck accident involved a death or serious injury. Thus, it is necessary to seek assistance from a professional attorney to fight for your rights.

Why The Pay System Of The Trucking Industry Needs Change?

There are numerous causes behind the increasing numbers of truck accidents. Some of the main causes behind these incidents are driver fatigue, negligence, weather conditions, road structure, equipment failure, etc.

There are few other causes that remain behind the curtains are also hazardous and contribute significantly in the rising numbers of these heart-breaking incidents. Many industry experts believe that the current pay structure of the trucking industry is insecure and is one of the underlying causes behind increasing numbers of accidents.

According to the current pay model, the majority of the drivers get paid by the mile. The more miles they drive, the more money they earn is a key factor that gives truckers encouragement to violate mandatory safety guidelines. Paying a trucker by the hour is a much safer option, which is not used by most of the trucking companies.

It has been noticed that the trucking companies that made the switch and paid their drivers by the hour were not only able to reduce driver’s turnover, but also enhanced safety. This is the reason that now Federal Motor Carrier Safety Administration (FMCSA) is also showing its concerns towards this issue and trying to determine the correlation between driver pay and safety.

It will help them identify whether or not this pay system engages driver in causing an avoidable accident. It is expected that the results will show a connection between being paid by mile and increased chances of an accident, particularly when compare with drivers receiving hourly pay.

At the end, we can say that this pay model also suggests that a trucker who should have stopped driving, but did not because he received an incentive to continue. Therefore, it is believed that it is a wrong pay model that could be the cause behind many road accidents and should be changed. Many truck accident injury attorneys have also raised the matter of this pay system in many lawsuits and have litigated it as a potential reason that the negligent act occurred. 

Trucking companies need to place safety first. Ironically, if they did that then their profits will increase as they won’t have to fend off litigation from trucking accidents or worse the publicity of a trucking fatality.

What Are The Different Types Of Truck Accidents?

Truck accidents are the ill-fated incidents that claim hundreds of lives every year. These vehicles collide, roll over, or hit other vehicles causing property damage and injuries. Many people do not know that there are different types of truck accidents.

Following are some of the main types of truck accidents –

Rollovers – In this crash, drivers lose their control over the vehicle. As a result, the truck moves to one side and rolls over. It is a dangerous situation for other travelers on road too. It is a common occurrence that usually happens due to overload, uneven grounds, inclement weather and/or high speed.

Blind Spot – In these situations, the Commercial Motor Vehicle (CMV) driver is unable to see smaller cars or motorists on road. It is a dangerous situation especially when one has to change lanes or turn. It can result into a massive accident that can claim many lives.

Jackknife – These incidents occur when driver pushes brake suddenly while driving on a fast speed. Then the trailer skids and comes forward, making a folded pocketknife shape. Braking on high speed or slick roads are the reason behind this type of crash. Usually, the trailer operator is considered at the fault in these situations.

Under ride – This incident transpire if the CMV driver slams brakes without any warning while driving. Cars behind the large vehicle are unable to stop in these situations. As a result, cars collide at the back of truck. It causes damage to the front parts (windshield, windows) or the whole car. In the movies when this happens the driver often leaves unscathed, but in real life It is a hazardous condition that can lead to trucking injuries, and even a truck accident death.

Tire Blowout – In this situation, large vehicle’s tire blows. It causes driver to lose control on the truck, which creates danger for other people on road.

Head on collisions – This collision usually happens when driving reckless or too fast. A CMV colliding with other vehicles can cause serious damage and injuries.

Side Impact – These accidents happen when a large vehicle makes an unexpected or unnecessary turn. In this situation, truck can collide with other vehicles on road.

Rear end – These collisions occur when the CMV driver fails to analyze the distance they require to stop. Misjudgment of the stopping distance can result into crashes that are dangerous for everyone.

Every year, hundreds of cases of truck accidents are represented by lawyers on the behalf of victims. These accidents cannot be predicted but they sure can be prevented by taking proper precautions. Drivers need to gather inclusive knowledge about traffic rules, vehicle, and their responsibilities while driving.

5 Reasons That Make Drivers At Fault In Truck Accidents

In 2011, 3,757 people were killed in truck accidents while 88,000 were injured. This fact shows the seriousness of increased risks of truck accidents on road. Most of the times, drivers are at fault in these unfortunate incidents.

Following are the reasons that make drivers at fault in truck crashes –

Not following traffic rules – It is few of the biggest reasons behind most of the truck accidents. Traffic rules are there to ensure safety. Truck drivers become danger to other’s safety when they stop following traffic rules (like speed limit). Complying with traffic laws cuts half the chances of mishaps on road.

Distracted driving – Distracted driving is another big reason for accidents. If truck driver is under the influence of illicit drug and alcohol, then they are considered distracted for driving. If they are involved in a crash, they will be considered at fault during the lawsuit. Texting or using mobile phones while driving also falls under this category according to the federal law.

Equipments failure – Equipment failure such as defective breaks, tires, steering defects etc., forces motorists to lose control over vehicle.

It can be a dangerous situation for road safety. This is why it is important for trucking companies and their employees to maintain their equipment to prevent any type of failure.

Fatigue – Fatigue is another reason behind these unfortunate events. Tired drivers react slowly compared to others, which can be very dangerous in critical situations, where fast reaction is required. Fatigue can also cause individuals to fall asleep while driving, which makes them a big threat for road safety. Carelessness and misjudgment are other threats caused by fatigue. Federal and state laws are there related to work and rest hours for trucking companies’ employees. These laws were developed to ensure vehicle and passenger safety.

Weather conditions – Difficult weather conditions like heavy rain, snowfall, hailstorm, fog, tornadoes, and thunderstorms makes it difficult to drive. Driving in bad weather conditions creates risk not only for the driver himself but also for other people on road. In such conditions, driving require lot more focus than it usually takes, otherwise mishaps are bound to happen.

If you have suffered the loss of a loved one, physical injuries, vehicle damage, or economic forfeiture, you must get justice by filing a lawsuit against the CMV operator and the trucking company. You should get the help of truck accidents law firms for this purpose. They have experienced lawyers who can investigate and collect evidences through police reports to bring the culprits to justice.

How To Find If The Driver Was Fatigued During The Accident?

Accidents involving commercial vehicle are devastating due to their sheer weight and size. Federal laws clearly prohibit high-risk driving that can lead to such terrifying crashes.

Driver fatigue remains to be one of the major causes behind these unfortunate incidents. While exhausted drivers behind the wheel are as dangerous as intoxicated drivers, it is very difficult to test fatigue unlike drugs or alcohol.

The driver’s log is the best way to discover if a driver is exhausted or not. Accurately maintained logs can reveal things like if the driver was following the driving hours limit or not, which is a crucial aspect in finding out if the driver was fatigued during the incident or not.

Even, if these logs are falsified, your truck accident injury attorney can use other techniques to find if the driver was fatigued like -

• Compare the time stamp on fuel dockets to reported locations.

• By evaluating time between fuel stops, or port of destinations considering speed limits and current road conditions.

• Searching for suspicious entries, which may include the same time recorded for port of entry logs on successive trips.

Other factors your lawyer may consider include-
 

• Over speeding is also an indicator that the driver was fatigued and wanted to arrive at the destination as early as possible.

• Accidents that occur in the afternoon could be due to all night driving or inadequate sleep, which is also associated with driver fatigue.

• It is mandatory for the truckers to maintain their driving logs that track their compliance to the rules that went into effect in July 2013.

These regulation include-

• Maximum driving hours - 70 hours a week.

• Drivers that reach the 70 hours driving mark can continue only after taking rest of 34 continuous hours.

• Trucker must take a 30 minutes break in first 8 hours of their shifts.

It is the responsibility of every truck driver to maintain an accurate driver log. However, many times they fail to maintain these logs just because of immense pressure from the employer. Nevertheless, at the end, we can say that whether it is trucking companies or drivers, all of them need to understand the importance of safety and compliance with the law.

How A Law Firm Can Help The Victims Of Truck Accidents?

Trucks are always considered a bigger threat to other vehicles on the road due to their sheer size. Every year, thousands of trucks accidents are reported across America. These accidents result into injuries, casualties, vehicle damage along with emotional and financial losses. Truck accident victims can file an injury related lawsuit to help obtain justice for their damages while trucking companies hire attorneys to protect their drivers and they give themselves a head start in defending the case with their insurance adjuster.

Truck accidents law firm can help victims to receive fair compensations for damages caused by a trucking incident. Hiring a law firm for an accident lawsuit can provide help in-

Investigations – Lawyers can investigate the injury scene to make the victim’s case stronger or send an investigator to do this critical function. The investigation may look for evidence such as skid marks or scuff marks, the conditions of the roadway at the accident and many other facets.  Sometimes an accident reconstructionist will be hired to recreate the accident for the jury or trier of fact. These evidences are essential to prove the fault of truck drivers in accidents.

Liability – Sometimes, there are multiple liable parties in truck accidents, who may be responsible to pay for the damages. It can be the trucking company, insurance provider, driver etc. It is necessary to know the liable parties before filing a legal complaint and name anyone who could possibly be a party.  An attorney with the knowledge of the system and liability laws knows who to sue and where to file the complaint to maximize the prospect for a recovery.

Negotiation – Negotiation is another part of a law firm’s work. They negotiate with trucking companies, insurance provider, or other party’s lawyer to help receive fair settlement for the victims. Usually settlement includes medical expenses, damage to work or wages etc. If the negotiation is done properly nothing proffered can used against the party if the case goes to trial.

Prosecution – Victims need a lawyer to represent them during prosecution in courts against the professional attorneys and tactics of trucking companies. Lawyers use their experience, knowledge, and the investigation to make the victim’s case stronger. They also use collected evidences from the site of the accident to make a stronger case.

Compensation – Accidents can cause bodily injury to passengers in other vehicles. Lawyers help in asking for fair compensation from trucking companies for the injured person’s medical expenses. Injuries also cause loss of work for days, weeks, months, or even years. In some cases, the injured person becomes incapable of working again. It becomes difficult for victims to survive without job and wages. This is why car drivers  need an attorney, who can help them gain enough compensation. It will help them in gaining control over the financial mess caused by the truck crash.

Drivers under the Influence Could be the Negligence of Trucking Companies

Fully loaded commercial vehicles can weigh up to 80,000 pounds. Sheer size and weight of these vehicles result in horrifying results when they are involved in a trucking accident as compared to the lighter weight of other vehicles such as cars. Sadly, the numbers of these incidents are growing significantly.

The Federal Motor Carrier Safety Act (FMCSA) has implemented further responsibilities on trucking companies to employ drivers that are healthy and trained to drive commercial vehicles. According to the FMCSR it is necessary for these companies to inform their drivers about the dangerous and destructive effects of driving under influence.

The FMCSA has decided that educating drivers and training administrators is mandatory to stop the uncontrolled use of drugs and alcohol in the industry. Hence, it is necessary for trucking companies to develop a written policy on controlled substance use and alcohol abuse at the workplace. Trucking companies also need to provide a copy of that policy to every driver. Furthermore, trucking companies also need to keep a statement signed by each driver to confirm the acknowledgment of the written policy.

In case of any accident, it is the responsibility of truck accident law firm to ask for and review this essential legal document. The presence of a poorly written policy, or one that is  rarely enforced, or the absence of the policy in its entirety can assist a truck accident victim holding the trucking company liable in a claim of negligent supervision.

In many situations, trucking companies are equally responsible for the fatal accidents and injuries, as the drivers of the vehicles. Any driver who gets behind the wheel of a commercial vehicle should be an entrusted and trained professional, and no company should ignore their responsibility to do due diligence on who they are putting behind the wheel of the truck.

If you or any of your loved one has fallen victim to a truck accident, it is necessary to get in touch with an experienced lawyer. Experienced truck lawyers can evaluate the entire situation to discover all facts and hidden policies of coverage. They can also file a lawsuit against the culprits to ensure that your rights remain protected. From the second a truck accident occurs, the company, who has been through it a hundred times is acting to put forth its best case and protect their driver.  Their insurance company is acting to limit how much they will have to pya.  You must act, not just react and do not hesitate and book your free consultation session with an injury attorney who focuses on truck accident lawsuits.

In the end, we can say that everyone’s safety should be the ultimate goal of all trucking companies and their drivers. No profits or reasons can justify any ignorance associated with safety.

5 Common Causes of Truck Accidents

Truck accidents are more devastating compared to any other motor vehicle accident or crash on the road. Large truck accidents leave the smaller vehicle passengers at a greater disadvantage because of the sheer mass of the vehicles and the terrifying and permanent damages they can cause. In some unfortunate cases, these accidents result in severe injuries and even death. However, truck accident injury victims are entitled to seek the justice and claim the financial compensation they deserve.

Here are the 5 most common reasons behind truck accidents-

1. Driver’s negligence is one of the most common causes behind these incidents. Some truck drivers fail to understand their responsibility towards other motorists on the road and don’t “Share the road.” They fail to maintain safe driving habits. They forget or ignore the rules or simply are in a rush to get from here to there and don’t care about the consequences in between.

2. It is necessary for trucking companies to provide their drivers appropriate training and coaching on how they should perform their duties. However, negligent hiring and inadequate training by companies allows many inexperienced truck drivers to get behind the wheels and put many lives in danger.

3. Equipment failure is another common reason behind these clashes. Many trucking companies fail to perform the regular equipment maintenance check that is mandatory by law. This check is important to keep the vehicle in safe condition. Different types of truck defects such as brake failure, defective lights, and tire failures became a cause of many dreadful incidents.

4. The job of a truck driver is difficult because it requires covering as much ground as possible in the least possible time. In many companies, driver’s pay also depends on the ground they cover. It encourages them to overlook the traffic laws and drive for longer periods without proper breaks. It causes driver fatigue that can lead to many serious accidents.

5. Overloaded and overweight commercial vehicles can be the cause behind many dreadful accidents. These vehicles are difficult to stop and extra weights on tiers can make them burst as well. At the same time, it can also create trouble for people driving next to these vehicles in nearby lanes.

In case you or someone you love have fallen victim to a truck accident, you need to get in touch with a truck accident injury attorney for the legal and professional help. You can arrange a free consultation session with a professional to understand the trucking laws and your rights associated with such incidents.

The Dangers of Drug and Alcohol abuse by truck drivers?

A commercial truck poses a greater threat to the smaller vehicles on the road. But a drugged or drunken truck driver can increase this threat manifold and an incapacitated truck driver’s actions may result in lost lives, injuries, and emotional and financial damage.

Drug use by a truck driver if proven and evidenced by a truck accident injury lawyer can be strong evidence of negligence in a trucking lawsuit against the company.

The Federal Motor Carrier Safety Administration (FMCSA) enforces rules for road safety in the United States. It includes rules regarding drug and alcohol use for truck drivers. Every driver has to follow these rules and regulations.

Operators of the commercial motor vehicles (CMV), including bus and trucks require commercial driver's license (CDL). Every driver with a CDL license needs to be tested for alcohol and drug use, whether they work for full-time, part-time, intermittent or as a backup.

This test is known as the Department of Transportation or DOT test. In this test, an individual is tested for five types of drugs, which are Amphetamines, Methamphetamines, Cocaine, Marijuana, Opiates, and Phencyclidine, also known as PCP.

Testing is done –

Before hiring – Before hiring and allowing a driver to drive Commercial Vehicles, an employer must check for a negative test result.

On suspicion – An individual might be tested if employer is suspicious about him. CDL operator supervisors are trained to find suspicious behavior of employees in a trucking company. However, their suspicion should be reasonable so that it does not violate an employee’s rights.

After accidents – After a truck accident, a driver may be tested for drug or alcohol use. However, it depends on several conditions related to accident. One would think that this testing should be done automatically to rule out any suspicion.

Randomly – Drivers can be randomly tested for drug and alcohol use. This rule also applies to those who work for themselves without an employer.

After return to duty – If a driver fails to qualify or refuse DOT test, then he must be stopped from operating a CMV vehicle immediately. If this individual wants to return to duty then he must qualify this test first. Individuals, who violated the prohibitions of 49 CFR Part 382 Subpart B also fall under this category.

They need to complete their return to duty procedure with a DOT-qualified substance abuse professional. Return to duty individual who qualify all the rules and regulations also need to be tested at least six times in 12 months. This period can be extended for four more years.