The Trucking Industry Can Have a Disturbing Darkside

Trucking is a demanding job by its very nature. Companies have strict shipping deadlines, and drivers need serious focus and determination to meet their bosses' demands. However, serious road safety issues can arise when drivers stretch themselves too thin to meet these deadlines. Trucker fatigue contributes to many serious road accidents.

A recent USA Today article outlines the severe struggle that many truckers face. In Los Angeles, nine truckers were awarded $8.4 million after their employer had them falsify driving logs to comply with federal regulations after driving up to 19 hours a day. This creates safety issues for other drivers on the road, increasing the likelihood that a regular driver will be hit by a commercial truck. This is terrible, but federal regulations do exist to protect drivers from unsafe trucking practices that lead to driver fatigue.

Ways the Law Protects Drivers from Fatigued Truckers

The Federal Motor Carrier Safety Administration says truckers are not allowed to drive for more than 11 hours within 14 hours, after which they must have 10 hours off. Truckers are also not allowed to work more than 60 hours in 7 days or more than 70 hours in 8 days. There are also weight limits and other regulations that exist to ensure drivers are alert and that trucks are not excessively dangerous to other drivers. Experienced truck accident attorney Mike Love used to own a trucking business. He can review your car accident case to help identify whether breaches of trucking laws may have caused the accident.

There are safety regulations for trucks, truck drivers, and trucking companies that ship goods. Trucking companies are competitive and often encourage truckers to work longer than is permissible by federal law, or offer trucks and equipment that are not up to regulatory standards to cut costs. This poses a serious risk of injury to truck drivers and other drivers on the road.

If you have been injured in a truck accident or mistreated by an employer, a Lufkin personal injury attorney can help you find out if laws were broken and gain coverage for the victims of negligence. Your insurance company or the guilty party in a truck accident will likely try to give you as little as possible for coverage. An attorney has a team of professionals that can strengthen your case using insider industry knowledge. Call today for your free consultation with an experienced attorney. We can help.

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.

Truck Accident Causes Part 1: Why Do Debris Crashes Happen?

Truck crashes caused by unsecured loads and debris are among the most horrific. You may hear about these cases on the evening news or on Facebook. Pieces of debris from loose loads or poorly maintained semi-trucks become airborne missiles that hit other vehicles – or worse – other motorists. There are several reasons these crashes occur, including improper maintenance, unsecured loads, and unsafe driving.

• Improper maintenance: Mechanical parts can fall from semi-trucks when commercial carriers neglect maintenance. These large vehicles are composed of thousands of parts, many of which are made of solid metal or other hard materials. In recent years, motorists driving behind semi-trucks have been killed by tank caps, transmission parts, and drive shafts coming loose. Fatalities may have been avoided if commercial carriers had performed proper maintenance.

• Improper load: Improper loads are another major cause of truck accidents involving debris. Truckers may fail to tie down loads properly. Other cases include trucks that are overloaded or improperly covered. There are many cases of rocks dislodged from trucks striking motorists' windshields. In worst-case scenarios, stones or other objects weighing many pounds (sometimes several thousand pounds) fall from trucks and fly into traffic lanes.

• Unsafe driving: Speeding or taking sharp turns may cause loads to shift and hit other drivers. Unsafe driving may also knock poorly secured mechanical parts loose from trucks.

The risk of being struck by loads or other debris is a good reason to avoid driving directly behind semi-trucks. It is impossible to know which commercial carriers and truckers are not complying with regulations that prevent debris from coming loose. Drivers who are not struck by debris may swerve to avoid it, lose control, and hit other vehicles. They may also leave the road and collide with different objects.

Why Should You Consider Hiring an Attorney After a Debris Crash?

Attorneys can perform many tasks that you may be unable to, or that would impose significant difficulty following an accident. The most important role where an attorney can help is determining fault for the crash. Truck accident attorneys can acquire documents that may show the commercial carrier or driver who caused your injuries did not perform maintenance or violate other regulations. They are also familiar with the laws that regulate the trucking industry, such as maximum truck weight limits and other factors that may affect a driver's or commercial carrier’s liability. Regulations are supposed to prevent crashes caused by loose debris. The Texas truck accident attorneys at Mike Love & Associates, LLC, will hold commercial carriers and truckers accountable for negligence.