The Truck Accident Law Firm Blog
Thursday, October 6, 2011
Truck Accidents
posted by TammyS at 3:47 PM 0 comments
Monday, March 21, 2011
Who is Responsible in a Truck Accident?
The Truck Company
Pursuant to the Federal Motor Carrier Safety Regulations, truck companies are responsible for virtually every act of their employees. You can and should include claims of independent negligence against the truck company if you’ve been injured in a commercial trucking accident.
Shipper Liability
A truck driver becomes extremely susceptible to accidents when their cargo is loaded improperly, the circumstances of which they may be completely unaware. If the load shifts in the trailer, the truck driver may lose control and cause a serious accident. If the shipper was involved in the loading process, they may be held responsible for failing to properly secure the cargo.
Broker Liability
Brokers, the persons/companies that arrange the contracts between shippers and trucking companies, are required to conduct a very minimal level of investigation into the truck company’s safety rating. If this investigation is not complete, the broker can be held responsible for allowing an irresponsible driver on the road.
The Insurance Company
According to Federal Motor Carrier Safety Regulations, trucking companies are required to conduct a thorough investigation of all potential drivers. Today, insurance companies are often hired to complete these investigations, especially if the trucking company is small. If an insurance company undertakes the responsibility to evaluate a commercial trucking applicant, but negligently fails to reject an unsafe driver, the insurance company may be liable in your accident.
If you or a loved one have been injured in a commercial trucking accident and would like to learn more about trucking accident lawsuits, please contact us today to schedule your first no-cost consultation.
posted by Katie at 10:00 AM 1 comments
Monday, March 7, 2011
Why Truck Rollovers Happen
Trucks have been known to rollover in accidents maiming and killing unsuspecting motorists.
Types of Rollover Accidents
There are two types of rollover truck accidents, name for the way in which the rollover occurs:
• Tripped – A truck hits an obstacle, such as a curb or shoulder, with enough momentum that it rolls over
• Non-tripped – This type of rollover occurs over flat land as a result of driver recklessness, such as when a driver attempts to brake sharply and turn at the same time
Common Causes of Rollover Accidents
Every commercial truck and driver is different. Most experienced truck accident attorneys will tell you that excessive speed played a large part in causing the accident. Some of the most common causes of rollover accidents include:
• Underestimating the length or sharpness of a curve and enters it with too much speed
• Misjudging the weight of the trailer that he’s pulling
• Drifting off the road
• Improper distribution of cargo
If you or a loved one were injured in a truck rollover accident and wish to pursue legal action for your injuries, please contact us today to schedule a free initial consultation.
posted by Katie at 2:43 PM 0 comments
Tuesday, February 22, 2011
What is the Federal Motor Carrier Safety Association?
Measures Enacted by the FMCSA
The measures implemented by the FMCSA were designed to lower the number of fatal accidents and casualties caused by commercial truck accidents. Those measures include:
• Improving safety information systems and commercial motor vehicle technologies
• Strengthening commercial motor vehicle equipment and operating standards
• Establishing programs for granting commercial driver’s licenses
• Researching and analyzing road safety statistics
• Creating motor carrier safety assistance programs
In order to enact these measures, the FMCSA requires that all motor carriers, including moving companies, register with them. Then, the FMCSA will determine the level of financial and insurance responsibilities for the companies.
"Share the Road" Program
Four years after its establishment, the FMCSA introduced the “No-Zone” or “Share the Road” Program. This campaign was created to educated motorists about how to safely drive on highways with trucks and buses by increasing awareness of the No-Zones: the areas where cars “disappear” from the view of a bus or truck driver. These are the areas where truck accidents are most likely to occur. Hopefully, educating drivers will lead to a marked decrease in deaths, injuries and property damages from truck crashes.
To learn more about how measures implemented by the Federal Motor Carrier Safety Administration affect you, please contact us to speak with an experienced truck accident attorney today.
posted by Katie at 2:17 PM 0 comments
Thursday, February 17, 2011
Truck Accidents – What to Do
How to Protect Your Rights and Best Interests
In a commercial trucking accident, both the driver and the trucking company are responsible for the harm inflicted as a result of negligent or reckless driving. If you have been injured in such an accident, you should immediately seek medical attention for your injuries and the legal counsel of an experienced truck accident attorney so you can obtain adequate compensation for your injuries.
If you have been involved in a truck accident, steps you should take include:
• Seek appropriate medical care – Seeking immediate medical attention for injuries is obvious, but you will also need these records as part of your personal injury lawsuit
• Initiate an investigation – It is important to take pictures of the damage, skid marks, weather conditions and more to give you a detailed account later on. Pictures help to preserve the evidence. You should also get the contact information of any witnesses
• Expert examination of your vehicle – Even after the police report is filed, you will want an independent investigation to determine the speed of the involved vehicles in addition to the fault and cause of the accident
Things you should not do include:
• Speaking to insurance carriers or sign anything without consultation from a qualified truck accident attorney
• Throwing away evidence – Every torn piece of clothing or broken phone could be valuable evidence in your personal injury lawsuit
It is never too early or too late to seek legal counsel. Please contact us to speak with an experienced truck accident attorney in your area today.
posted by Katie at 2:16 PM 0 comments
Monday, December 6, 2010
Tips for Avoiding Big Rig Accidents
Try to remember that:
•Truckers have large blind spots on all four sides of the truck. So be sure to drive where you know the trucker can see you. If you can see the trucker, you know he can see you.
•Heavy trucks cannot slow down suddenly. So avoid darting in front of them, expecting them to accommodate you. Always leave extra space behind you if you are driving in the same lane in front of a big rig. That enables the trucker to slow down safely if you have to slow down suddenly.
•Eighteen-wheelers need extra time for changing lanes. If you see the turn signal flashing to indicate the driver wants to change lanes, back off or speed up a little and allow him to do that. If you prevent his lane-change and he’s trying to get into the exit lane you may create unnecessary danger. The truck needs adequate time and space to take the exit safely.
If you are involved in a truck accident, you will need an experienced, aggressive truck accident lawyer on your side. Please contact one in your area today to schedule a no-cost, confidential consultation to explore your legal options.
posted by Katie at 8:15 AM 0 comments
Wednesday, December 1, 2010
18-Wheeler Truck Accidents
In recent years trains have been used less for transporting goods and trucks have been used more. Everyone has probably noticed the increase of these thundering big rigs on our roads and highways.
When a passenger car or motorcycle is in an accident with an 18-wheeler, it’s clear who has the advantage. Big trucks can run right over many small automobiles without the truck driver even realizing it. The disparity in size and weight is in the thousands of pounds, as the typical passenger vehicle weighs two to three tons (something over 4,000 pounds) whereas a big rig can weigh up to 40 tons (80,000 pounds).
Trucking Regulations
The trucking industry is highly regulated, making for a complex maze of rules and requirements. A few examples of aspects of trucking which are regulated:
· Noise emission
· Drug and alcohol use and testing
· Handling of hazardous materials
· Financial responsibilities of trucking companies
· Driver qualifications
· Driving hours
· Truck inspection, maintenance and repair
· Load safety
In spite of all the regulations, the National Highway Traffic Safety Administration (NHTSA) has estimated that more than 400,000 of these big trucks are involved each year in accidents.
Driver Fatigue
A large contributing factor to truck accidents is the tight delivery schedules that truck drivers are asked to meet. If something delays the trucker such as bad weather, traffic congestion or a problem with his load, he must drive faster to meet his deadline.
Although the number of consecutive hours spent driving is regulated, truckers typically work long hours. Each driver keeps a log of driving hours and rest time, but the entries can be falsified.
To deal with that possibility, some trucks are outfitted with digital communication systems which keep the driver in touch with his head office. Some are monitored by the trucking office through a GPS system. Some newer trucks have two drivers and a living area like an RV behind the driving cabin. One driver can sleep or eat while the other drives.
But most truck drivers are alone and can often become overtired and stressed from long driving hours and late deliveries. This makes for less careful driving and increased danger for vehicles in the vicinity.
If you have lost a loved one in a truck accident, it’s imperative you contact an aggressive truck accident lawyer immediately so that he/she may hear the details of your case and advise you on how to proceed.
posted by Katie at 9:24 AM 2 comments