Trucking Accidents

Every year thousands of trucking fatalities occur — people are killed and hundreds of thousands more are injured as the result of large truck accidents.  Here are some of the most common causes of trucking accidents that I’ve seen in my career:

Truck Driver Tiredness and Fatigue.  Federal regulations limit the amount of time a commercial truck driver can log driving per week.  This is a good rule because it helps to prevent driver fatigue and gives drivers a chance to get the adequate amount of sleep or rest they need.  These driving hours are to be properly “logged” by the driver.  When a driver cheats and drives more than the regulations allow, driver fatigue can set in and jeopardize the safety of everyone on the road.  Quite often, scheduled trucking travel routes include hundreds, if not thousands, of miles.  This type of distance will wear down even the most experienced drivers.

Inadequate training of the truck driver.  A driver must undergo specific training before becoming certified as a commercial truck driver.  Even when a truck driver earns these credentials, extra safety precautions are still necessary due to the size and weight of trucks they will be driving.  Some trucks also contain cargo that may be hazardous if spilled on the road or involved in an accident.  Trucking companies who force drivers on the road with inadequate training and/or without the experience necessary to complete job place everyone on the road at risk.  

Overloaded trucks / Improperly secured cargo.  Federal regulations determine how much weight a commercial truck can carry.  If a truck is overloaded, it can cause serious changes to how the truck will perform.  For example, a truck’s tires can experience blowouts or the truck could jackknife due to too much weight.  Improperly secured cargo can shift during transport and cause dangerous instability leading to potential roll over.  Likewise, cargo not properly secured on a flatbed or other open transport carrier can cause serious and potentially fatal results if allowed to fly free during transport.  

Bad Truck Maintenance.  Trucking companies are responsible for the proper maintenance and upkeep of their vehicles.  All maintenance checks must be documented and a truck company can be held responsible for a trucking accident if faulty equipment is found to be to blame.  Common examples of equipment malfunction are tire blowouts due to age or lack of proper rotation and worn out brakes.

A “Bad Apple” Driver.  Again, I’ve represented some wonderful folks who were truck drivers.  But in my career, I’ve run across some real bad apples.  It is not uncommon to see a trucking company employ a dangerous and reckless truck driver who has a long record of traffic accidents and traffic citations exhibiting aggressive driving behavior.  I’ve seen truck drivers who caused accidents while driving under the influence of drugs and alcohol.  Even though texting while driving is against the law and banned nationwide for drivers of commercial trucks, it continues to account for many commercial vehicle collisions.  Truck drivers are professional drivers, and they must be held to this high standard when the vehicle they are operating on the roadways with everyone else weighs nearly 20 times more than the average passenger vehicle. As professional drivers, truckers must be held accountable when they cause accidents, injuries and collisions for following another vehicle too closely, having their own issues with road rage, fail to check for blind spots, make frequent lane changes and carelessly failure to use turn signals.

The insurance carriers for trucking companies will deploy a “rapid response team” to an accident scene as soon as it learns of the wreck.  I’ve learned that this “team” usually consists of an investigator, and accident engineer reconstructionist, maybe an adjuster, and more frequently over the past few years, an actual lawyer will show up. The insurance company and their “rapid response team” will be at the scene seeking evidence favorable for the trucking company – NOT you.  You need your own “rapid response team” – and that’s The Outlawyer.

The Outlawyer Rapid Response Team will make all effort to preserve and obtain on-board computers and satellite communication and GPS systems, all “black box” data generated by engine control modules (ECM’s) and all driver logs and important documentation needed for the successful prosecution of your case.  Failure to act quickly can cause a significant hurdle in gathering all the evidence that can and will maximize the credibility of your trucking case.  
Remember, trucking accidents are handled much differently than accidents that involve only passenger vehicles.  It is important to act fast, and to hire an experienced attorney that knows what to do.