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.

Why some trucking companies are still using arguably unsafe braking technology?

Air disc brakes provide many safety benefits over drum brakes. Some of the primary usages of disc brakes includes shorter stopping distances, improved brake life and reduced maintenance costs.

According to a popular magazine statement, it was estimated that majority of the heavy truck buyers in US are still purchasing vehicles with less safe brakes. The reason behind this is generally more profits even though the air brakes are becoming more cost effective.

Some buyers do not understand that disc brakes may be expensive in terms of the upfront cost, but in the durability aspect, they are very cost effective.

In regard to this, motor carriers deny and say that this braking system increase around 100 pounds per axle that reduces turnover. Nonetheless, in their strong desire to enjoy lucrative profits, they have failed to understand the importance of avoiding terrible trucking accidents that occur every day.

Trucking companies and buyers need to think about innocent motorists that share the roadways with 18-wheelers and become victim of painful accidents. Victims of these truck related injuries should speak with a truck accident attorney to have their case evaluated and to find out if the causes behind the incident are negligence of the trucking companies or their drivers and with a trucking lawsuit the company can be held accountable.

These professionals use their years of experience in the industry to reveal many hidden aspects of the incidents that may change the entire direction of your case.

Everyone should understand that there are no circumstances when importance of profits can be justified over safety and lives of other people on the road. Everyone’s safety should be the top priority.

How Lawyers Use Black Box As Evidence in Truck Accident Cases?

Due to the increase in the number of truck accidents, the commercial trucking industry started to implement the use of black boxes to strengthen the safety aspect. Black Boxes are prominently discussed in the context of airplane accidents, and most recently the retrieval in the latest AirAsia air plane disaster and before that the hunt for the black box in the Malaysia air disaster mystery. The thought is that retrieval of the box will be instrumental in determining what occurred. But did you know certain trucks have a black box?

This monitoring system is used in the commercial vehicles right throughout the nation. It is also known as electronic log system. It is the key source of information about the journey of vehicles and other useful details that can significantly help in resolving accident cases.  The thought process behind the recording of useful information, is that if the company and driver and cognizant that there is a black box, they will drive more safely and encourage safer driving since the data about any accident will be electronically recorded.  Conversely, if the company encourages safe driving, the data will vindicate the driver and the company in the event of a catastrophic accident or trucking fatality where the driver is not at fault. 

Lawyers that focus in handling truck accident cases petition the court to download the data from the black box as quickly as possible. This information can play a significant role in the outcomes of a trucking accident case.

To prevent any kind of tampering with the information, the truck accident attorney or their designee should be present while the data is downloading.

Many trucking companies may refuse to preserve the data due to a number of reasons. However, that too can be used against them. In such situations, lawyers can request for an Court order to ensure that the box and the data are preserved until inspection.
Lawyers may use this evidence in different ways. While some use it during the driver statement, others use it to impeach the testimony. 

Importance of black boxes

• Black boxes are used to track issues associated with vehicle repairs. It can also be used to track driver’s performance, which includes issues such as speed control and use of sudden breaks.
• It also contains e-mail exchanges between drivers and trucking company that could lead your truck accident attorney to discover possible issues such as tired driver, mechanical issues, etc.
• Data that can be achieved from these boxes will differ on its model. Most of the times, these electronic systems includes valuable information such as rigid braking, clutch engagement, etc.

In the nutshell, it is the responsibility of the lawyers to determine how they will use this evidence after considering the facts and circumstances of the accident.