Trucking Accidents

How do Trucking Accidents Arise?

In 2008, individuals were injured nearly 50,000 times in the U.S. in accidents involving trucks on the road. Approximately 5,000 people are killed every year in these kinds of accidents. The causes of these accidents vary widely. The more common causes are discussed below. Back to top.

Brake Failure

Brake failure is a major cause of trucking accidents. Brake failures typically result from old brakes or inadequate or negligent maintenance. While drivers are supposed to check the brakes before embarking on a trip, this does not always happen. The parties responsible for brake failure may include the trucking company, the truck driver, the party responsible for maintaining the truck, or the actual technician who performed the truck maintenance. Each of these parties has potential liability for a brake failure, and thus a thorough investigation must be preformed following an accident that may have been caused by brake failure. Back to top.

Roadway Conditions

The following roadway conditions can be a major contributing factor to trucking accidents:

  • Bad roads. This is not limited to just the condition, i.e., the results of wear and tear on the road. Roadway design can play a major role in trucking accidents. This may include lane width as well as the angle and gradient of curves.
  • Inadequate Lighting. There are many places on roadways where lighting is essential. The absence of adequate lighting reduces visibility, which can be a contributing factor to an accident.
  • Poor Placement of Signs and Signals. The key to proper use of signs and traffic signals is placement. Improper placement such that drivers do not easily see them can be a contributing factor to an accident.
  • Potholes. Potholes are a significant problem, particularly in the northern part of the country, where the winter weather seriously erodes the roadways.
  • Weather. Rain, snow, ice and fog can all heighten the likelihood of an accident.
  • Road Construction. Stretches of roadway under construction pose several potential problems. They require vehicles to slow down, which often does not happen. This is compounded by the presence of debris forcing drivers to take evasive action, which itself can cause an accident.

Each of these factors raises issues with respect to responsible parties as well as potential liability. In most instances, the truck driver is required to respond to the roadway conditions and take proper care, but the party responsible for the condition may also be liable to a person injured in an accident where the roadway condition was a contributing factor. An experienced attorney familiar with the issues raised by trucking accidents can conduct a proper investigation to ensure that all responsible parties are brought to justice. Back to top.

Tractor-Trailer Rollovers

Anyone who has spent time on America's interstate highway system has seen the results of a truck rollover. While often it is only the truck driver who is injured, many times others, who just happen to be in the vicinity, are injured in the resulting accident. The most common causative factors are driver fatigue, driver impairment due to drugs or alcohol, speeding or other reckless driving, misestimating curves, particularly at entrance and exit ramps, under-inflated tires, improper distribution of cargo, shifting cargo, poorly maintained brakes, and abrupt change of direction to avoid another vehicle. Ordinarily, the truck driver is responsible for these types of accidents, although others can also be at fault. Back to top.

Poor Visibility

Poor visibility can be a problem for both the truck driver trying to see smaller vehicles and those vehicles trying to see the truck In the U.S., tractor trailers are required to have reflectors lining the bottom of the trailer. This allows other drivers to see the edges of the trailer. Blind spots are a universal problem, particularly with tractor trailers, and motor vehicle drivers must pay attention, especially on turns that they do not put themselves in a position where the truck driver cannot see them. Back to top.

Poor Maintenance

Trucking accidents can be caused by tire failure due to tread separation, sidewall failures, bead failures, ozone cracking, multi-piece wheels, under-inflation, improper repair, retread separation, and punctures. Commercial trucks are required to meet safety standards dictated by the Federal Motor Carrier Safety Administration. One of these standards requires that all trucks be subject to pre and post-trip inspections. The pre-trip inspection is intended to ensure that the cab and trailer are properly coupled. The post-trip inspection is intended to ensure that worn parts are discovered and replaced. The safety-related parts most likely to need attention are the brakes, light and reflectors, the steering mechanism, tires, the horn, the coupling device, windshield wipers and mirrors Responsibility for accidents resulting from poor maintenance generally resides with the truck drive and the owner of the truck. Back to top.

Who is at Fault in a Truck Accident?

Fault is probably the most important aspect of any vehicle accident claim. Fault is determined by negligence. The person at fault is the person whose negligence is responsible for causing the accident. Usually, it is the person at fault who must pay for the damage he or she caused by acting negligently. Sometimes, it is not clear whose was negligent or whose negligence caused a car accident. Sometimes, more than one person was negligent and there is shared fault. In that case, fault is apportioned between the negligent persons, depending on their contribution to the cause of the accident. Back to top.

What is Comparative or Contributory Negligence?

Basically, contributory negligence occurs when a person injured in an accident helped cause the accident, even though he or she may not have been primarily at fault. In the past, when a person was contributorily negligent, he or she may not have been entitled to any recompense for the injury he or she sustained. In 1980, Ohio adopted a comparative negligence law. Under that law, if a person's negligence was more than 50% at fault in an accident, he or she cannot recover any damages for the injuries sustained in the accident. If, however, the injured person's negligence is 50% or less the cause of the accident, recovers his damages less the percentage caused by his or her own negligence. Back to top.

How is Percentage of Fault Determined?

After an accident, an insurance company claims adjuster typically will investigate the circumstances surrounding an accident and assign relative degrees of fault to the parties to that accident. This is a purely subjective determination and is usually the subject of negotiations between the injured party and the insurance company. This is where the Brown & Szaller law firm can help you. Our lawyers understand the factors that go into the insurance companies' determinations of fault and we are skilled at investigating and assessing accidents and advocating on the injured person's behalf for the lowest percentage of fault. Back to top.

What if I am Injured in a Truck Accident?

The first thing you need to do, assuming you are not rushed off to the hospital with life-threatening injuries, is to take stock of the situation. In other words, you need to gather evidence, talk to witnesses, take photographs with your cell phone camera, and write down all important information. Back to top.

YOU CAN FIND A CHECKLIST OF INFORMATION YOU NEED TO GATHER HERE.

Should I Contact a Lawyer if a Loved One is Injured in a Car Accident?

It is important to seek legal assistance from a lawyer with experience in the type of injury your loved one has sustained as soon as possible after the accident. Your lawyer will need time to obtain witness statements and gather a variety of information that is necessary to prosecute your case. The earlier you contact a lawyer, the greater your chance of obtaining a strong recovery either through settlement or if you have to file a lawsuit for compensation. With adequate time, an experienced lawyer can strengthen the case, emphasizing favorable facts while fortifying weaknesses in the case.

An experienced lawyer will know the general contours of information required to strengthen your claim for compensation. Thus, you increase the likelihood that you will prevail in your case and you increase the amount of compensation you are likely to recover by retaining a lawyer with experience in auto accident cases. An experienced lawyer, such as those at the Brown & Szaller law firm, will meet with you, listen to what you have to say, explain your legal options, gather the critical facts, obtain and review medical reports and witness statements, and help you decide upon the best course of action. Brown and Szaller lawyers will guide you through a complicated process involving insurance issues, pay back (subrogation), the amount of coverage and whether your own coverage applies. Do not trust the at fault parties insurance carrier. Brown and Szaller has handled numerous car accident cases to successful conclusion.

The lawyers at Brown & Szaller will meet with you for a free initial consultation. Even if you are unsure whether you have a claim for compensation we will discuss the facts of the case and your options and together determine the viability of your case with no up-front charge. Back to top.

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION REGULATIONS

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