Trucking/Tractor Trailer Accidents
Americans’ appetite for convenience is ever-increasing. We can order anything from electronics, to shoes, to dog food online and with a click of a button, they’re on our porch 24 hours later. If we stopped between mouse clicks to think about it, life would be a bit slower if it weren’t for the trucking industry delivering inventory to our stores, warehouses, and homes.
With this great responsibility, the trucking industry generally has very high standards for hiring drivers. In fact, the American Trucking Association said in a 2019 report that the industry is short more than 60,000 drivers it needs to meet the country’s demand for moving freight. The report said, “because of many companies’ strong focus on safety, many otherwise eligible candidates are disqualified as a result of poor driving history or other related factors.”
When Safety Slips
We strongly believe that most truck, tractor trailer and semi-truck drivers honor their industry’s commitment to safety. However, they work long hours away from loved ones and are often pressed to meet delivery deadlines. Sadly, under these conditions, truck drivers may be more prone to making mistakes and skipping stops to check a text or fumble with a GPS. Worse yet, if deadlines are at risk, they might drive recklessly or ignore safety altogether. Here are some examples:
- Aggressive driving/Tailgating
- Speeding
- Distractions (by phones, entertainment systems, navigation system, etc.)
- Driving with an overweight or unbalanced load
- Weaving into another lane
- Drowsy driving
- Truck/equipment failures
- Drugs or alcohol impairment
An 80,000-Pound Responsibility
An accident with a tractor trailer or semi-truck that could weigh as much as 80,000 pounds is going to be significant against a 2,800-pound car – or a 150-pound pedestrian. When a driver’s negligence causes harm, it’s not only the driver that should be held responsible. The company employing the driver would be included in a claim, as would the truck broker or shipper if a load shift could have contributed to the accident.
Investigating A Trucking Case
Representing a client involved in a trucking accident requires a law firm with experience. All legal actions require proper investigation, but in a tractor trailer accident, you have to dive deeper into sometimes complicated technical and regulatory data that isn’t relevant in other motor vehicle accidents.
The U.S. Department of Transportation (DOT) oversees the trucking industry through its Federal Motor Carrier Safety Agency (FMCSA). The FMCSA regulates Commercial Driver’s Licenses (CDL) requirements, “Hours of Service” (HOS) limitations, weight and size restrictions, drug testing, and much more. We will obtain records from the FMCSA about the trucking company’s operation, including inspection, out-of-service and crash reports, as well as results of any reviews or enforcement actions involving the driver’s company.
In more complex cases, we may hire a forensic accident reconstruction expert to establish the sequence of events leading to a collision and how damage occurred using objective, scientific analysis. These specialists tap-in to their knowledge of physics, mathematics, vehicle dynamics theory, specialized reconstruction applications and more. They use known information from our investigation including photos, videos, witness accounts, depositions, injuries, police reports, marks and debris on the road, vehicle damage, weather conditions, injuries, the final rest place of the vehicles, and any other available data.
For example, with this information, they can:
- Determine how fast vehicles were going before and after a collision
- Determine vehicle movement – such as turns, lane changes, etc.
- Determine whether drivers should have been able to avoid the collision
- Establish whether seat belts were used
- Calculate vehicle speeds at the time of the crash
- Identify visual obstructions or impediments
We may also hire an expert to download truck information from the truck’s Electronic Control Module (ECM), which some say is similar to the “black boxes” found in all of today’s airliners. The ECM generally collects information including sudden breaking/deceleration data, last stop data, average speed, highest speed, hours of use, and more for the events immediately before, during and after an accident. Most drivers must also have electronic logs documenting the hours they spend driving and working, and some GPS system on trucks also can be accessed to provide valuable information about driving habits.
Accident reconstructionists and other specialists serve as expert witnesses in trial. In addition to other aspects of evidence, they can play a valuable role in your overall case strategy.
An Attorney You Can Trust
At C. Ron Smith Attorney at Law, we have extensive experience representing people who have been injured in trucking accidents – many of whom are repeat clients or were referred to us by previous clients. If you have been injured in an accident with an 18-wheeler or semi-truck, contact our office today. It’s important to secure legal representation as soon as possible to get an investigation started while evidence is available and preserved. We welcome your call to (770) 731-1447 for a free case evaluation.
AN 80,000-POUND RESPONSIBILITY
Americans’ appetite for convenience is ever-increasing. We can order electronics, shoes, and dog food online and with a click of a button, they’re on our porch 24 hours later. If we stopped between mouse clicks to think about it, life would be a bit slower if it weren’t for the trucking industry delivering inventory to our stores, warehouses and homes.
With this great responsibility, the trucking industry generally has very high standards for hiring drivers. In fact, the American Trucking Association said in a 2019 report that the industry is short more than 60,000 drivers it needs to meet the country’s demand for moving freight. The report said, “because of many companies’ strong focus on safety, many otherwise eligible candidates are disqualified as a result of poor driving history or other related factors.”
When Safety Slips
We strongly believe that most truck, tractor trailer and semi-truck drivers honor their industry’s commitment to safety. However, they work long hours away from loved ones and are often pressed to meet delivery deadlines. Sadly, under these conditions, truck drivers may be more prone to making mistakes and skipping stops to check a text or fumble with a GPS. Worse yet, if deadlines are at risk, they might drive recklessly or ignore safety altogether. Here are some examples:
- Aggressive driving/Tailgating
- Speeding
- Distractions (by phones, entertainment systems, navigation system, etc.)
- Driving with an overweight or unbalanced load
- Weaving into another lane
- Drowsy driving
- Truck/equipment failures
- Drugs or alcohol impairment
An 80,000-Pound Responsibility
An accident with a tractor trailer or semi-truck that could weigh as much as 80,000 pounds is going to be significant against a 2,800-pound car – or a 150-pound pedestrian. When a driver’s negligence causes harm, it’s not only the driver that should be held responsible. The company employing the driver would be included in a claim, as would the truck broker or shipper if a load shift could have contributed to the accident.
Investigating A Trucking Case
Representing a client involved in a trucking accident requires a law firm with experience. All legal actions require proper investigation, but in a tractor trailer accident, you have to dive deeper into sometimes complicated technical and regulatory data that isn’t relevant in other motor vehicle accidents.
The U.S. Department of Transportation (DOT) oversees the trucking industry through its Federal Motor Carrier Safety Agency (FMCSA). The FMCSA regulates Commercial Driver’s Licenses (CDL) requirements, “Hours of Service” (HOS) limitations, weight and size restrictions, drug testing, and much more. We will obtain records from the FMCSA about the trucking company’s operation, including inspection, out-of-service and crash reports, as well as results of any reviews or enforcement actions involving the driver’s company.
In more complex cases, we may hire a forensic accident reconstruction expert to establish the sequence of events leading to a collision and how damage occurred using objective, scientific analysis. These specialists tap-in to their knowledge of physics, mathematics, vehicle dynamics theory, specialized reconstruction applications and more. They use known information from our investigation including photos, videos, witness accounts, depositions, injuries, police reports, marks and debris on the road, vehicle damage, weather conditions, injuries, the final rest place of the vehicles, and any other available data.
For example, with this information, they can:
- Determine how fast vehicles were going before and after a collision
- Determine vehicle movement – such as turns, lane changes, etc.
- Determine whether drivers should have been able to avoid the collision
- Establish whether seat belts were used
- Calculate vehicle speeds at the time of the crash
- Identify visual obstructions or impediments
We may also hire an expert to download truck information from the truck’s Electronic Control Module (ECM), which some say is similar to the “black boxes” found in all of today’s airliners. The ECM generally collects information including sudden breaking/deceleration data, last stop data, average speed, highest speed, hours of use, and more for the events immediately before, during and after an accident. Most drivers must also have electronic logs documenting the hours they spend driving and working, and some GPS system on trucks also can be accessed to provide valuable information about driving habits.
Accident reconstructionists and other specialists serve as expert witnesses in trial. In addition to other aspects of evidence, they can play a valuable role in your overall case strategy.
An Attorney You Can Trust
At C. Ron Smith Attorney at Law, we have extensive experience representing people who have been injured in trucking accidents – many of whom are repeat clients or were referred to us by previous clients. If you have been injured in a wreck with an 18-wheeler or semi-truck, contact our office today. It’s important to secure legal representation as soon as possible to get an investigation started while evidence is available and preserved. We welcome your call to (770) 731-1447 for a free case evaluation.