Why the FMCSA Has Regulations on Securing Cargo

Semi-trucks weigh 14,000 to 80,000 pounds (80,000 is the maximum weight limit allowed without special permit) and can travel at speeds far in excess of any posted speed limit. Due to the size and weight of semi-trucks, the Federal Motor Carrier Safety Administration (FMCSA) has strict guidelines that regulate truckers and their vehicles. FMCSA regulations also create certain rules for securing loads.Drivers with unstable loads risk rollover accidents that can have fatal consequences for nearby motorists. By discussing these regulations, it should become clear why rules for securing cargo are important.

How FMCSA Regulations Prevent Cargo Shifts and Rollover Accidents

FMCSA regulations dictate that drivers or trucking companies must properly secure cargo to prevent shifting. To be considered properly secured, cargo must be tied down with securement devices (in compliance with FMCSA regulations) and evenly distributed.For example, FMCSA regulation 392.9 covers the inspection of cargo, cargo securement and systems. Under this provision, drivers are required to carry out several inspections before and after setting out on trips. Drivers must ensure cargo is properly distributed and secured. In addition, drivers must ensure that all other equipment (tailgate, doors, tarpaulins and spare tires) are secured.This provision also requires drivers to inspect cargo and securement devices within 50 miles of beginning a trip. Drivers are also required to reexamine cargo and securement devices throughout trips.Why is this provision so important? When semi-truck drivers fail to properly secure loads, rollover accidents can occur. If cargo shifts, especially during sharp turns, trucks can lean away from curves. This is almost always the case when loads are not properly secured. Unsecured loads can pull on the truck’s center of gravity, which can cause a tip over accident (also caused a load shift accident).Rollover accidents have devastating consequences for any nearby motorists. During rollover accidents, these multi-ton vehicles lose control and often skid across the road. According to a study conducted by the FMCSA, rollover crashes account for 9 percent of truck accidents. Rollover accidents are preventable when drivers and trucking companies follow regulations.Unfortunately, some trucking companies may neglect to properly distribute or secure loads. Trucking companies may decide not to purchase the equipment necessary to secure loads, putting everyone else at risk just to save a few dollars. If all trucking companies followed FMCSA regulations, it is almost certain that our nation would see fewer truck accidents!

When Are Truck Rollover Accidents Caused by Negligence?

Depending on the circumstances, trucking companies and drivers may be considered negligent for causing accidents. FMCSA regulations exist to protect the general public. When trucking companies turn a blind eye to unstable loads, other people can pay the ultimate price. Fortunately, negligent trucking companies will often have a paper trail that attorneys can use to prove negligence.The Texas truck accident attorneys at Mike Love & Associates, LLC have years of experience holding negligent trucking companies accountable.

Why Insurance Companies refuse to pay your medical bills

Probably the biggest reason most people decide to call a lawyer after being in an accident is the fact that the insurance company for the driver that caused the accident ALWAYS refuses to pay any medical bills or lost wages unless you are willing to settle the entire claim.

Obviously, this puts the injured person in an impossible situation. How can you possibly settle your claim when you don't even know how bad you're hurt, how long you will be off work, if you will need surgery, or how much it will cost? One of the most common questions we get from people who start off trying to handle a claim on their own is "Why does the insurance company refuse to pay my medical bills?" Especially when they know it was their driver's fault. The answer is sad ..... but simple.The insurance company knows that if you can not afford to go to the doctor, you will not be able to prove you were hurt in the accident and they will not have to pay you anything. Likewise, if they help you and your family by paying your lost wages while your off work, you are much more likely to be able to afford medical treatment. Again, the insurance company knows that if you have medical treatment, you can prove you are hurt, which means they will have to pay more money. They know that if you can not afford medical treatment ... or the light bill, then you will accept pennies on the dollar for your claim out of desperation.An experienced lawyer can almost always predict what an insurance company will do. Its really simple actually. The insurance company will always do whatever saves them the most money. Unfortunately, with the insurance company, fairness is seldom the deciding factor.So now that you know the bad news ... what do you do about it if you have been hurt in an accident that was someone else's fault? First, understand that the other drivers' insurance company is not your friend. The adjuster's goal is to 1) try and avoid paying anything, and 2) if they have to pay … to pay as little as possible, and 3) delay, delay, delay. Remember, the big insurance companies collect premiums in the billions and cover losses in the hundreds of millions (if not billions). The interest on that kind of money is phenomenal. Every day they can make you wait is more money for them.So, if you are hurt, do not wait on the other side's insurance company. Go to the doctor as soon as possible. KEEP GOING TO THE DOCTOR for as long as you still have problems. Each time you go back to the doctor, tell him or her exactly what symptoms you are having.  My advice to all of my clients about the best question to ask your doctor is this: "What next?" In other words, if you are still in pain, or still having problems, still can't get back to work after a couple of weeks, you need to be telling the doctor: "This isn't getting any better" and "What is our next step in treatment?".  "What are my options, or tests to determine what is wrong?" and, "Is there a specialist that I need to see for this condition?"STRONG WARNING HERE ..... Referrals to specialists are critical if you are suffering from an ongoing injury. However, if you are to this point on your own and have still not consulted an attorney, seriously consider calling someone now. The reason I say this is related to what I mentioned above, insurance companies look to medical documentation to establish whether you are hurt or not (really more of whether you can prove you are hurt or not).  Here's the problem, there are many qualified specialist out there.  Doctors normally work on what's called a reciprocal referral basis. In other words, Dr. Smith refers all his hurt back patients to the Dr. that sends him OBGyn patients.Here's the problem with that arrangement. Defense attorneys and insurance companies have 'hired gun' specialists in every area that they use as 'expert witnesses' in their big cases.  In every town of 40,000 people or larger, there will be at least one or two neurologists, and orthopedic surgeons that are c0mmonly used by defense lawyers and insurance companies to 'review medical records' and say the patient is not really hurt, or more commonly, not hurt when their drunk driver ran the red light and broad sided your car.The last thing you need when you have been in an accident, is to have your well-meaning family doctor refer you to the insurance companies hired gun!! Unfortunately, unless you are a trial lawyer who knows the doctors in your area, you have no way of knowing who to avoid. If you have been seriously injured and are at the stage where it is time to start seeing specialists, I would strongly urge you to talk to an experienced attorney that is familiar with the doctors you need to avoid.For answers on how an attorney can help you get medical treatment if you don't have health insurance, see my post titled "How your attorney can help you get medical treatment."Our firm represents injured people all over the state of Texas and partners with top law firms across the country. If you are located outside the state of Texas and need a referral to a top P.I. law firm in your area, we can gladly help you find someone close to you.

Tragic Truck Accident in Diboll Texas

Immediate Priorities:

• Drug Testing the Driver
• Downloading Crash Data From the Truck's Black Box
• Inspection of the Driver Logs
• Inspection of the Truck

East Texas recently received a tragic, sobering, reminder of just how devastating 18-Wheeler wrecks can be.  On January 4, 2011, Mary Chiz of Garrison and her fiancé, Travis, were severely injured when a big rig truck crashed into their SUV in Diboll, Texas.  Even more tragically, the couple lost their unborn baby boy, Wyatt, who was expected to be born within 2 weeks of the accident.  Details of the accident have been reported in several stories by the Lufkin Daily News.Based on news coverage and the scene photos, it appears that the Chiz vehicle had been stopped behind one truck at a traffic light when a second 18-Wheeler slammed into them at high speed.  The SUV was crushed by the impact and even the 18-Wheeler showed significant damage from the force of the crash.  Our hearts and prayers go out for the family in this tragic accident so close to home.Reading accounts of this accident and others that have been reported recently, brings to mind so many reasons why victims of these types of serious accidents desperately need skilled trucking accident attorneys to zealously, and aggressively, protect their rights.  As one might imagine, victims of these type accidents focus on the immediate crisis of injured loved ones.  In the immediate hours and days following this kind of tragedy, the victims don’t have the luxury of long term planning.  They must focus on emergency medical treatment, paying bills, and in the worst cases, making funeral arrangements.Unfortunately, in the hours and days following the wreck, the trucking company has very different priorities on which to focus.  The trucking company and their insurance company will be focused on ‘circling the wagons’ to limit their financial exposure and liability for damages caused by the accident.  These companies are very sophisticated when it comes to protecting themselves.  Critical evidence can be lost, or even destroyed, if an experienced attorney is not retained to protect the rights of the victims.

Drug Testing the Driver

Many people assume that the police will test the truck driver for drugs and alcohol after an accident like this.  Not so.  The police have no obligation to conduct drug and alcohol tests, and most often, only conduct tests if the driver demonstrates obvious intoxication symptoms.  However, the trucking company is required by federal law to immediately perform a drug and alcohol test on the driver after an accident of this nature.  Unfortunately, many trucking companies ignore the law because they simply don't want to risk the chance of finding drugs and alcohol in the driver’s system.  After a serious accident, the last thing a trucking company wants is documentation of the driver's drug or alcohol intoxication.  However, if the accident victim immediately retains an experienced trucking accident attorney, he or she can file emergency paperwork with the court to compel drug and alcohol testing of the driver.

Down-loading Crash Data From the Truck's 'Black Box'

Modern trucks have Black Box style recorders in the form of an ECM (Electronic Control Module, or EDR (Event Data Recorder).  These computer modules can record critical evidence in a crash.  One of the most important pieces of evidence to obtain from the computer is referred to as a 'Hard Stop' event.  Essentially, the computer takes a 'snap shot' of what is happening with the truck any time the driver slams on the brakes.  Engine RPM's, speed, transmission gear, etc. are all recorded.  This evidence becomes critical when the truck driver later claims to have been obeying the speed limit before the crash.  Unfortunately, the computer acts much in the same way as the old surveillance VCR recorders i.e., they continue to record over, and erase, old data. Most Black Boxes only record the last 1 to 3 'hard braking' events.  Therefore, if the truck is put back in service after the wreck and the driver happens to accidently ‘hit the brakes hard' while driving around his company’s parking lot, critical evidence establishing fault of the truck driver will be destroyed.  It can be very important for your attorney to immediately obtain a download of the truck’s computer as soon as possible following the accident.

Driver Logs

Truck drivers are also required by federal law to maintain a complete record of their time behind the wheel and their total working time.  For obvious public safety reasons, the law limits the number of hours a driver can drive.  These 'hours of service' rules are often flagrantly violated by some trucking companies with predictable and tragic results.  The most common accident involving a fatigued driver is a rear end collision.  Unfortunately, in the hours and days following accidents of this nature, many drivers (or their companies) will attempt to 'recreate' or 'cleanse' the driver logs to remove any evidence of the driver's illegal time behind the wheel.  An experienced trucking accident lawyer can prevent evidence tampering by immediately issuing supoenas for the driver logs.  Likewise, there are a number of ways that an experienced truck wreck attorney can identify and expose fabricated driver logs.  Our office recently presented a CLE paper demonstrating the best ways to identify and expose fabricated driver logs.  * Prosecuting or Defending a Trucking or Auto Accident Case 2010 hosted by the State Bar of Texas in San Antonio.

Inspection of the Truck

Many big truck accidents are a direct result of the failure to maintain the trucks and trailers driving up and down the road.  Again, federal law sets out minimum standards that trucking companies must comply with to ensure public safety.  Our firm has successfully prosecuted many big truck accidents which were directly caused by a failure to properly maintain the vehicles.  These accidents are often caused by faulty brakes, tires, steering components, or defective lighting on the trailers.  Our firm has even prosecuted cases where entire sets of wheels fell off the 18-Wheeler and crashed into another vehicle.  In defective maintenance cases, it is critical to obtain an immediate inspection of the defective equipment before evidence is lost or destroyed.If you, or a loved one, have been involved in a serious accident involving an 18-Wheeler or other commercial vehicle, these are just a few of the many reasons you should contact an experienced truck wreck attorney as soon as possible after the accident.  Our firm stands ready to assist upon a moment's notice.