Truck Accidents causes can be divided into three distinct categories. They can be weather-related, equipment failure-related, or simply caused by the driver. In some cases, it can be a combination of more than one reason. For example, a driver going too fast when the road was slick due to rain or snow can cause a crash. Here in Texas, fog sometimes in combination with smoke from wildfires is a significant contributor to major truck accidents and deaths.

If you have been involved in an accident with a heavy truck it is important that you seek the advice of a trucking accident lawyer, who understands the issues and causes of these types of accidents.

The Federal Motor Carrier Safety Administration (FMCSA), the agency responsible for overseeing America’s truck industry has developed a Safety Measurement System (SMS) to help in the task of improving highway safety in the truck industry. This system uses seven Behavior Analysis and Safety Improvement Categories (BASICs) to evaluate the safety performance of truck companies. They are:

UNSAFE DRIVING – Operating in a careless or reckless manner. Method of evaluation – Traffic Violations: Speeding, Reckless Driving, Improper Lane Changes and Inattention.
FATIGUED DRIVING – Drivers who are ill, fatigued, or violate the Hours-of-Service (HOS) regulations. Method of evaluation – Exceeding HOS, incomplete or inaccurate logbook, and operating the truck while ill or tired.
DRIVER FITNESS – Drivers who are unfit because of lack of sufficient training, experience, or medical conditions.
CONTROLLED SUBSTANCES and ALCOHOL – Drivers who are impaired due to alcohol, illegal drugs, or misuse of either prescription or over-the-counter medications. Method of evaluation: citations for use or possession of controlled substances or alcohol.
VEHICLE MAINTENANCE– Failure to properly maintain equipment. Method of evaluation: citations for brakes, lights, and other mechanical defects as well as failure to make required repairs.
CARGO RELATED – Failure to prevent shifting loads, spilling cargo and unsafe handling of hazardous materials. Method of evaluation: Citations for improper load securement, cargo retention and hazardous material handling.
CRASH INDICATOR – An evaluation of a trucking companies crash history based on data from State provided crash reports which help identify histories or patterns of the high number of crashes, including both the frequency and severity of such accidents.semi-truck accident lawyers

Most truck drivers are paid on a “per mile” basis. The more miles that a driver completes, the larger that his paycheck will be. While the maximum number of hours a driver is supposed to complete is mandated by the HOS, keeping track of those hours is the sole responsibility of the driver himself. It’s similar to the fox guarding the chicken coop. Some drivers have even been known to keep dual paper logs. One for the truck, the second for their paycheck. If they will cheat their employer, they will do almost anything illegal.

Accidents with heavy trucks can cause life-changing injuries and often, death. Truck drivers who have been negligent must be made to pay. Your case could help make the highways safer for others. So how do you choose a lawyer?

Here are some things to consider:

The number of years your lawyer has been litigating these cases.
The understanding your attorney has for what is involved in cases such as yours.
An attorney with a good track record is essential.
The attorney has been recognized by law associations with awards and distinctions.
Truck drivers have a difficult job and in these economic times, the temptation to cheat must be very high. But you, as an accident victim, should not have to pay for the mistakes of others! If you have been involved in such an accident it is prudent that you contact a truck accident lawyer to assist you in obtaining just compensation.

Truck Accident Lawyers

While large commercial trucks fill highways, interstates, and other public roadways, transporting billions of dollars worth of goods across the country every day, our truck accident lawyers are all too aware of the serious threat these large vehicles can pose to other motorists on the road. Because of their considerable size, any accident involving an 18-wheeler or other large truck is often far more devastating in its consequences than a typical car accident would be, potentially leaving drivers with life-altering physical damages or worse.

Aside from the pain and suffering that may be caused by the injuries resulting from a truck accident, there are many other consequences with which accident victims may have to cope. Among other repercussions, these often include expensive medical bills from treatment for the injury, both in the immediate aftermath and later on if physical rehabilitation is necessary, as well as potentially substantial losses of income, either from time spent away from work recovering or permanently reduced earning potential. More on this website @ https://www.accident-lawyers-dallas.com/18-wheeler-accident-lawyer/

No one should have to pay for these types of consequences by themselves. If you or someone you know has been the victim of a truck accident that was caused by the reckless or negligent actions of someone else, you may be entitled to seek compensation for your losses and suffering. Contact our car accident attorneys today to speak with a qualified legal professional about the details of your case. We make it our priority to fight aggressively to protect the rights and interests of our clients when they are going through such a situation.

Truck Accident Injuries

Truck accident injuries may be caused in a number of different ways. The most significant cause is typically the impact of the accident itself. However, there are other issues relating to truck accidents that may have the potential to cause serious physical harm to the accident’s victims, including fires that may occur as a result of fuel tank explosions and exacerbation of injuries due to the attempts of medics to remove injury victims from the scene of the accident.

The actual injuries which may occur as a result of an accident with a large commercial truck can vary significantly. However, some of the most common truck accident injuries include the following:

Severe contusions
Broken bones
Internal organ damage
Severe burns
Spinal cord injuries
Traumatic brain injury

The consequences that these and other types of injuries caused by a trucking accident can have a devastating effect on the lives of those who are affected. Whether you have suffered these or any other types of truck accident injuries, our team of experienced legal professionals may be able to help you fight for the justice you are seeking.

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If you or someone you know has suffered injuries in a truck accident caused by another person’s negligence, the responsible party should be the one to bear the burden of their actions. Contact our car accident lawyers today to discuss your case with an experienced member of our legal team and find out how we may be able to help you hold these individuals liable for their transgressions. More here on this website

Truck Accident Attorneys – Part Of the Research

The Federal Motor Carrier Safety Regulation (FMCSR) requires diligence on the part of a trucking company, not only when it employs a driver, but also after he/she begins operating one of its vehicles. In previous entries, we have discussed mandatory pre-employment background checks which must be conducted by trucking companies.

Section 391.25 of the FMCSR requires as well that a trucking company conduct a review of each of its driver’s driving records for the preceding 12 months. A motor carrier must also obtain reports from each of its drivers with a list of all violations of motor vehicle traffic law and citations of which the driver had been convicted and/or forfeited a bond or collateral during the preceding 12 months. More information here

A trucking company must not only obtain such reports of employee/driver accidents or violations but must also analyze these reports to determine whether any of the violations are such that the driver must be disqualified from driving for a period of up to one year. As an example, a disqualifying offense would be driving a trucking rig while under the influence of alcohol.

In addition, a trucking company’s supervision obligations include the duty to monitor the actual hours being logged by its drivers to make sure that they are not operating their rigs more than is allowed by law. The failure to monitor driver logs can be grounds for liability against a trucking company, particularly in situations where a fatigued driver causes a collision.

Thus, among the many duties imposed by the Federal Motor Carrier Safety Regulations, a trucking company must diligently supervise all of the drivers in its employ, not only checking out their background thoroughly before employing them but also during the period of their employ, constantly monitoring their activities to make sure they are in compliance with all applicable safety regulations.

Failure to properly supervise a driver can be an independent basis for liability against a trucking company – as it should be.

The applicable regulation is reprinted below:

Background and character

§391.25 Annual inquiry and review of driving record. (a) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, make an inquiry to obtain the motor vehicle record of each driver it employs, covering at least the preceding 12 months, to the appropriate agency of every State in which the driver held a commercial motor vehicle operator’s license or permit during the time period.

(b) Except as provided in subpart G of this part, each motor carrier shall, at least once every 12 months, review the motor vehicle record of each driver it employs to determine whether that driver meets minimum requirements for safe driving or is disqualified to drive a commercial motor vehicle pursuant to §391.15.
(b)(1) The motor carrier must consider any evidence that the driver has violated any applicable Federal Motor Carrier Safety Regulations in this subchapter or Hazardous Materials Regulations (49 CFR chapter I, subchapter C).

(b)(2) The motor carrier must consider the driver’s accident record and any evidence that the driver has violated laws governing the operation of motor vehicles, and must give great weight to violations, such as speeding, reckless driving, and operating while under the influence of alcohol or drugs, that indicates that the driver has exhibited a disregard for the safety of the public.

(c) Recordkeeping. (1) A copy of the motor vehicle record required by paragraph (a) of this section shall be maintained in the driver’s qualification file.

(c)(2) A note, including the name of the person who performed the review of the driving record required by paragraph (b) of this section and the date of such review, shall be maintained in the driver’s qualification file. More on this website
Credit:http://www.federalregister.gov/select-citation/2015/04/23/49-CFR-391.25