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.