Do Rear Guards Prevent Truck Underride Accidents?

Truck accidents are a devastating force of destruction on roads across the country. However, truck underride accidents are particularly gruesome and much more likely to result in fatalities. An underride accident occurs when a vehicle is forced underneath the truck’s cabin. During these accidents, occupants in passenger vehicles can be decapitated and killed. This may be true even in cases where collisions occur at low speeds. Heavy truck trailers are required by law to use rear guards (also called underride guards) to prevent such accidents. These are metal barriers that hang beneath the trailer's rear.

According to a 2013 study by the Insurance Institute for Highway Safety (IIHS), strong underride guards can be effective in preventing vehicles from being forced under high-riding heavy-truck trailers. Unfortunately, many semi-truck trailers in the United States lack “strong” underride guards. Weak underride guards can fail to prevent fatalities. In addition, a vehicle hitting the side of an underride guard may still be demolished. According to the IIHS study, underride guards are much less effective at preventing fatalities when vehicles strike them from the right or left.

Motor-vehicle safety advocates and organizations, including the IIHS, have petitioned the National Highway Traffic Safety Administration (NHTSA) to strengthen underride guard standards. The federal standards regulating the strength of underride guards have not been updated since 1996. Semi-trucks in the United States also do not require side underride guards. In Europe and Japan, side underride guards are used to help prevent fatalities when vehicles slide underneath the side of trailers. There are many truck accidents in the US involving side underride crashes. For example, the Tesla vehicle that crashed last year while Autopilot was engaged slid beneath the side of a tractor-trailer. The vehicle’s occupant, a former Navy SEAL, died in the accident. This is only one example. NHTSA estimates that 200 side underride accidents occur in the US each year.

Can Negligence Cause an Underride Accident?

In some cases, trucking companies fail to maintain truck underride guards. These guards may also have defects that reduce their effectiveness in an accident. In such cases, injured vehicle occupants or their loved ones may be able to file a lawsuit against the manufacturer of the underride guard or the trucking company. Lawsuits can not only help prevent future instances of these companies using or releasing unsafe underride guards, but they can also help provide financial resources for costs associated with catastrophic injuries or wrongful death, and those injured in an accident with a commercial truck or 18-wheeler. Contact the Texas truck accident attorneys at Mike Love & Associates, LLC, to help you hold commercial carriers and auto parts manufacturers accountable for causing catastrophic injuries or wrongful death.

Can Electronic Logging Devices Reduce Truck Accidents?

Federal and state hours-of-service rules help prevent truck accidents caused by fatigued driving. These rules set limits for how long intrastate and interstate truckers can drive. For example, interstate drivers operating property-carrying trucks weighing 10,001 or more pounds may not drive more than 11 hours within a 14-hour shift. Truckers must record their hours-of-service compliance in paper or electronic logbooks. Information in the logbooks may include total driving hours, miles covered, and off-duty time. Roadside safety inspectors check logbooks to detect hours-of-service violations.

Employees working for these trucking companies may also check for hours-of-service violations. However, paper logbooks can be manipulated. Truckers can misrepresent how long they have driven during each 14-hour shift. Electronic logging devices (ELD) may help reduce instances of this problem. Unlike paper logbooks, an ELD records driving time information directly from the truck’s engine. An ELD can record engine hours and vehicle movement. Roadside safety inspectors could download driving-time data to verify hours-of-service compliance.

In 2015, the Federal Motor Carrier Safety Administration (FMCSA) unveiled a rule requiring trucking companies to use ELDs. Unless Congress repeals or significantly alters this rule, it will go into effect on December 18. House Resolution 3282, also known as the ELD Extension Act of 2017, would delay the mandatory implementation of ELDs by 2 years. Some trucking companies already use ELDs because they find them to be more convenient and less expensive than paper logbooks. In fact, the FMCSA has argued that ELDs can eliminate $1 billion in paperwork costs for trucking companies and law enforcement.

Can Logbooks Be Used During a Truck Accident Lawsuit?

Information contained in paper or electronic logbooks may also be valuable evidence during a truck accident case. Many commercial trucks in operation also use electronic control modules (ECMs) that record various data about the trucks. For example, an ECM may record the vehicle’s highest speed or time driven. This data can also be used alongside logbook entries to identify discrepancies. Data from an ECM can also be helpful in a truck accident lawsuit, particularly when combined with other evidence.

However, trucking companies may destroy ECM data after an accident to shift liability. It is essential to hire an attorney immediately after a truck accident to prevent the spoliation of evidence. Contact the Texas truck accident attorneys at Mike Love & Associates, LLC. We have firsthand experience with the trucking industry's business practices. If you or a loved one suffered harm during a truck accident, our attorneys can help you discover whether you have legal options to seek damages.

Truck Accident Causes 4: Health Conditions & Truck Crashes

Several health conditions may cause commercial drivers to crash their trucks. Although multiple conditions have been identified, truckers are not always screened. Some health problems have become hotly debated topics among lawmakers and transportation safety officials. The following conditions in this blog are common among the population, including commercial truck drivers. However, some of the conditions mentioned in this blog can be screened for and are treatable. Screening for and treating these conditions may prevent commercial truck accidents.

Can Sleep Apnea Cause Commercial Truck Accidents?

Last year, a study conducted by Harvard University discovered that truckers with sleep apnea had crash rates five times higher than truck drivers without the condition. This health condition causes interruptions in breathing during sleep. People with sleep apnea may not realize they have the condition. They may experience excessive daytime drowsiness and difficulty concentrating. In some cases, they may doze off without warning. These are clearly a dangerous combination of symptoms for people operating vehicles that can weigh up to 80,000 pounds. The Federal Motor Carrier Safety Administration (FMCSA) and lawmakers have discussed screening commercial drivers for this condition. Sleep apnea is common in the population, but it is also treatable. If truckers were treated, they could reduce their risk of crashes. A “sleep apnea screening rule” is currently in limbo. Harvard University claims 20 percent of truck accidents are caused by drowsy driving. Obstructive sleep apnea is a condition that causes drowsiness. It is a known public risk, yet we still lack a screening rule.

Can Other Health Conditions Cause Truckers to Crash?

Other conditions may increase the risk of crashing. Another study conducted by the University of Utah School of Medicine found that truck drivers with poor overall health are more likely to be involved in accidents. Researchers combed through the medical records of almost 50,000 truckers and discovered drivers with conditions like heart disease, lower back pain, and diabetes were more likely to crash. Drivers with all three conditions were at the greatest risk. Crash rates involving injury among all truck drivers were 29 per 100 million miles travelled. For those with three of the health conditions, the crash rate was 93 per 100 million miles.

Are Commercial Truckers Screened for Health Conditions?

Commercial truckers operating vehicles weighing over 10,000 pounds in interstate commerce must undergo Department of Transportation health examinations, as certain conditions disqualify drivers. After passing the examination, truckers receive a medical certification that remains valid for two years. Driver qualification files (also called DQ files) contain the health records of truckers. Trucking companies may request these files before hiring drivers. There are cases in which trucking should, or is required to, request that truckers obtain new medical certificates. As is well known, trucking companies do not always comply with federal or state regulations. People injured in truck accidents, or their family members should consult with an attorney to explore possible legal options against trucking companies. The Texas truck accident attorneys at Mike Love & Associates, LLC are dedicated to helping people harmed by negligent business practices.

Truck Accident Causes Part 3: Semi-Truck Distracted Driving

Commercial truckers who are not paying attention to the road are risking their own lives and those of others. We commonly associate distracted driving with passenger vehicles, but it is also common among commercial drivers. The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations that limit mobile phone use by truckers. These regulations are designed to prevent semi-truck crashes. Penalties for breaking these regulations are harsh.

• FMCSA regulations prohibit commercial truck drivers from sending or reading text messages or emails while driving. These rules are broad and apply to electronic devices such as cell phones, PDAs, pagers, laptops, and any other device used to input, write, send, or receive text messages.

• Drivers cannot browse the internet (such as Facebook or any other social media websites).

• Drivers can only press a single button to terminate phone calls.

The fines and penalties for breaking these rules vary. Commercial drivers may have their CDL disqualified for 60 days if they have two offenses within three years. They may have their CDL disqualified for 120 days for three offenses within three years. Fines for individual drivers can reach $2,750 per offense. Commercial motor carriers who allow drivers to use mobile devices can face penalties of up to $11,000. There are exceptions to these rules. For example, if it is necessary to contact law enforcement or emergency services. Penalties are steep because distracted driving is far more dangerous for large commercial vehicles. A fully loaded truck can weigh up to 80,000 pounds, multiple times more than your average passenger vehicle. The FMCSA released the following stats on distracted driving:

• Commercial drivers are three times more likely to be involved in a crash while reaching for a mobile phone.

• Truckers who text and drive are 23.2 times more likely to deviate from their lanes, or cause accidents or near-accidents.

• Truckers who dial a phone number are six times more likely to be involved in an accident.

The Department of Transportation also releases the famous statistic. Drivers who send or read texts take their eyes off the road for an average of 4.6 seconds. At 55 miles per hour, this equates to 346 feet.

How Can an Attorney Help After a Semi-Truck Crash?

There are several ways a truck accident attorney could hold texting drivers or their employers accountable for causing a semi-truck crash. For example, an attorney may be able to find evidence that a truck driver was texting or posting on social media at the time of an accident. Other forms of communication may show company policies encourage truckers to email or text while driving. Some accidents may be caught on camera. Skilled truck accident attorneys meticulously go through all available evidence to help your case succeed. The Texas truck accident attorneys at Mike Love & Associates, LLC can help you hold negligent truckers and commercial carriers accountable for causing crashes.

Truck Accident Causes 2: Why Jackknifing Accidents Happen

Jackknifing accidents occur when truck trailers bend in a way resembling a pocketknife. This is due to a truck trailer skidding and pushing into the vehicle. These types of truck crashes cause drivers to lose control of their cars. They can rollover and hit other vehicles. Motorists may be forced underneath tractor-trailers in what is known as an underride accident. The outcomes of jackknifing crashes are always tragic. What do these crashes look like? A recent accident near San Antonio involved a truck that lost control after jackknifing. According to the San Antonio Fire Department, the semi-truck collided with several other vehicles and crossed the median. Six people were injured, one of whom was airlifted to a nearby hospital. Jackknifing can happen for several reasons. However, many of these crashes are preventable.

• Bad weather: Slick road conditions caused by rain and icing significantly increase the risk of jackknifing. The rear tires on a semi-truck may lose traction, causing the trailer to swing to the side.

• Neglecting maintenance: A common theme on our blog is that poor maintenance practices cause many truck crashes. The same applies to jackknifing crashes. Commercial carriers should replace worn truck tires and brakes. It is also essential to maintain and replace suspension components and other steering-related mechanical parts.

• Unsecured or poorly distributed loads: Cargo loaded into trailers can shift if not properly secured or distributed. Shifting cargo can alter the truck’s center of gravity, potentially causing a jackknife or rollover.

• Careless driving: Semi-trucks are more challenging to handle than standard passenger vehicles. There is less room for error. Truckers should avoid speeding, especially while turning. Braking suddenly may cause a jackknife. This is almost always the case when truckers apply the brakes and swerve simultaneously. Truckers should remain attentive to traffic conditions to avoid this scenario.

How Can You Avoid Jackknifing Accidents?

We cannot stress enough how important it is to avoid semi-trucks whenever possible. Be extra cautious around semi-trucks in inclement weather or when road conditions are slippery. Semi-trucks are more likely to jackknife while making downhill turns. Unfortunately, there is no way to know which trucking companies regularly perform maintenance or hire safe drivers. Motorists injured in jackknifing crashes or their family members may have grounds to file lawsuits. An experienced truck accident attorney can help preserve evidence that may be crucial to your case, and can deal with insurance companies on your behalf. The Texas truck accident attorneys at Mike Love & Associates, LLC will provide the personalized attention your case deserves.