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.