Tuesday, April 28, 2015

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.

Sunday, April 12, 2015

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.

Sunday, April 5, 2015

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.