Truck Accident Causes Part 2: Why Do Jackknifing Accidents Happen?

Jackknifing accidents occur when truck trailers bend in a way resembling a pocketknife. This is due to the trailer of a truck skidding and pushing itself into the vehicle. These types of truck crashes cause drivers to lose control of their vehicles. They can rollover and hit other vehicles. Motorists may be forced underneath tractor trailers in what is known as an underride accident. The various outcomes caused by 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 into 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, there are many cases where these crashes are preventable.

• Bad weather: Slick road conditions caused by rain and icing significantly raise the risk of a jackknifing accident. The back tires on a semi-truck may lose traction with the road, causing the trailer to swing to the side.
• Neglecting maintenance: A common theme on our blog is that many truck crashes are caused by poor maintenance practices. The same is true of jackknifing crashes. Commercial carriers should replace worn truck tires and brakes. It is also important to maintain and replace suspension components and other mechanical parts responsible for steering.
• Unsecured or badly distributed loads: Cargo loaded into trailers can shift if it is not properly secured or poorly distributed. Shifting cargo may move the truck’s center of gravity, which can lead to jackknifing or a rollover accident.
• Careless driving: Semi-trucks are more difficult to handle than normal passenger vehicles. There is less room for error. Truckers should avoid speeding, especially while turning. Suddenly hitting the brakes may cause jackknifing. This is almost always the case when truckers hit the brakes and swerve at the same time. 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 steer clear of semi-trucks when you are able. Be extra cautious around semi-trucks during poor weather or while slippery road conditions are present. Semi-trucks are more likely to jackknife while making downhill turns.Unfortunately, there is no way for you to know which trucking companies regularly perform maintenance or which ones 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 every now and then, or shared 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 why these crashes happen, such as improper maintenance, unsecured loads or unsafe driving.

• Improper maintenance: Mechanical parts can fall from semi-trucks when commercial carriers neglect maintenance. These large vehicles are made up of thousands of parts, many of which are made from solid metal or other hard materials. In recent years, motorists driving behind semi-trucks have been killed by tank caps, transmission parts and driver 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 involve trucks that are overloaded or improperly covered. There are many cases involving rocks coming loose from trucks and cracking the windshields of motorists. In the worst-case scenarios, rocks or other objects weighing many pounds (sometimes several thousand) fall from trucks and fly into lanes of traffic.
• Unsafe driving: Speeding or taking sharp turns may contribute to loads coming loose and hitting other drivers. Unsafe driving may also knock poorly secured mechanical parts loose from trucks.

The chance of being hit by loads or other debris is a good reason why you should avoid driving directly behind semi-trucks. It is impossible to know which commercial carriers and truckers are not following regulations that can prevent debris coming loose. Drivers who are not hit by debris may try to swerve out of the way, losing control and hitting other vehicles. They may also exit the road and slam into other 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 that caused your injuries did not perform maintenance or violated other regulations. They are also familiar with the laws that regulate the trucking industry, such as the maximum truck weight or other aspects that may influence a driver 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.

Can Trucking Companies Be Held Liable for Negligent Hiring Practices?

Trucking companies are expected to practice good judgement when hiring drivers. These commercial drivers may operate vehicles weighing up to 80,000 pounds. They have an important responsibility to drive safely and in accordance with the law. There are Federal Motor Carrier Safety Administration (FMCSA) regulations that require interstate commercial trucking companies to meet certain hiring and employee retention standards. As we know from experience, companies sometimes relax these standards and hire drivers unfit for the job. Negligent hiring practices may lead to truck accidents.

Are Trucking Companies Required to Perform Background Checks?

Depending on the circumstances, companies are required to obtain certain information from the prior employers of applicants. This means employers review driver qualification files, which contains detailed information on the history of applicants. For example, a driver qualification file may include the following:

• Prior and current driver’s licenses
• Applications for employment
• Information on prior work experience at other companies
• License suspensions
• An annual list of violations and review of driving records
• Medical examination certificates

These are only a few examples. Driver qualification files contain an extensive amount of information. Furthermore, federal regulations stipulate that driver qualification files must be updated annually. The information found within changes each year.FMCSA regulations require companies to ask prior employers if drivers have a history of safety problems or substance abuse issues. They must also conduct pre-employment drug tests. Finally, trucking companies must provide new hires with a DOT (Department of Transportation) medical examination, as there are some health conditions that are automatic disqualifiers.

Why Do Companies Hire or Retain Unsafe Truck Drivers?

Conducting background checks is a time-consuming and sometimes expensive process. Trucking companies with relaxed hiring standards are generally trying to cut operating costs to save money. Although negligent hiring standards may be more common with smaller trucking companies, it affects the entire trucking industry.There are certain conditions where drivers are disqualified from being hired. For example, companies cannot hire truckers with suspended licenses or with recent histories of drug and alcohol abuse. They are forbidden from hiring drivers who have recently tested positive for drugs. Companies may also have their own policies that disqualify applicants. These same conditions apply when businesses retain truckers.When trucking companies knowingly hire drivers with poor safety records, or those who are not qualified to drive, they may be hit with negligent hiring and retention claims when their drivers cause truck accidents. The same may also be true when companies ignore their own hiring policies, or retain unsafe drivers. Depending on the circumstances, injured motorists could bring negligent hiring and retention claims against these companies.The Texas truck accident attorneys at Mike Love & Associates, LLC can help victims of truck crashes and their families hold negligent commercial carriers accountable.

Will 2017 Be the Year Texas Gets a Distracted Driving Law?

Several months ago, we published a blog discussing how Texas is one of four states in the US without a universal ban on distracted driving. That may soon change. The 85^th Legislature recently convened in Austin, and lawmakers are filing bills by the hundreds. State Representative Tom Craddick is making a fourth attempt to pass a distracted driving law. If House Bill 62 is passed by Legislature and signed by Governor Greg Abbott, drivers reading, texting or sending messages could receive fines.There are existing laws that place restrictions on mobile phone use while driving, but they are limited. Cities and small towns have passed their own ordinances banning mobile phone use. Texas law bans motorists under 18 from using phones while driving except during emergencies. Bus drivers are also banned from using mobile phones while driving. Finally, you cannot use mobile phones in school zones in our state.Despite existing rules, Texas lacks a centralized law banning distracted driving for the majority of motorists.

Do We Need a Distracted Driving Law?

Statistics and news headlines make a powerful argument for preventing accidents caused by distracted driving – through state laws or other means. According to the National Highway Traffic Safety Administration, 3,179 people died in distracted driving accidents in 2014. Another 431,000 suffered injuries that same year. Texas Department of Transportation statistics show 100,000 distracted driving accidents happen in our state every year, many of which are caused by mobile phone use.The stories of families who have lost loved ones to these accidents also make a powerful argument for preventing distracted driving.For example, the story behind Craddick’s legislation is a powerful example of how distracted driving can destroy lives. House Bill 62 is also known as the Alex Brown Memorial Act. In 2009, 17-year-old Alex Brown crashed her truck on the way to school. She was texting four friends when she crashed on a rural road at 70 miles per hour. Alex’s parents launched the Remember Alex Brown Foundation, and Craddick has, on multiple occasions, named his anti-distracted driving legislation after the girl. There are thousands of stories like this happening across the country every year.In many cases, distracted drivers or the people they hit suffer catastrophic injuries. Brain injuries, spinal cord injuries, disfigurement, burns and broken bones are commonplace.Opponents of a distracted driving law claim it would infringe on the personal freedom of Texas citizens. Other opposing arguments suggest the law’s fines would do little to stop distracted driving. In addition, opponents also claim other forms of distracted driving, such as applying makeup or using a GPS, are equally dangerous.Where do you stand on this issue? Let us know by connecting with the Texas car accident attorneys at Mike Love & Associates, LLC on Facebook.

Can This New Auto Technology Prevent Car Accidents?

The National Highway Traffic Safety Administration (NHTSA) has proposed regulations that will require V2V technology (vehicle-to-vehicle) in light vehicles. V2V technology uses high-tech radio communications that allow cars to share important data with each other. The data shared with other vehicles includes heading, speed, brake status and other important information. By sharing data with each other, vehicles can warn drivers or self-driving systems of impending collisions. If NHTSA’s proposal goes into effect, it will become a standard like antilock braking or airbags.

How Might V2V Technology Improve Auto Safety?

Let’s say you were driving along I-10 on your way to Houston. A vehicle further up the interstate suddenly activates its brakes to avoid colliding with piece of debris. Your V2V system would warn that the other driver had slammed on the brakes. Your car could communicate with this other vehicle from 1,000 to 1,500 feet away, depending on the conditions. This is only one example of how V2V could prevent a collision. According to NHTSA, V2V technology could help you determine whether it is safe to make a turn across the path of oncoming traffic, or if a vehicle approaching your intersection is on a collision course.V2V technology is also expected to help improve the safety of self-driving vehicles. Existing self-driving technology is limited by line of sight. For example, current radars used by self-driving cars cannot see around blind corners or past other obstructions hundreds of feet away. V2V will not have these limitations.A recent article published by Forbes argues V2V technology will improve the safety of self-driving cars. The article discusses a fatal car accident last year involving Tesla’s Autopilot. According to the article, the crash happened because Autopilot did not detect a semi-truck turning left in front of the Tesla Model S. V2V may have communicated with Autopilot or the driver, allowing the vehicle or motorist to avoid the collision.

What Impact Could V2V Technology Have on Public Safety?

According to NHTSA, its proposal could save $53 billion to $71 billion within 30 years of going into effect. NHTSA believes V2V and other similar technologies could prevent up to 80 percent of non-impaired accidents that occur at intersections or while changing lanes. The NHTSA estimates this will save 1,000 lives every year.If NHTSA’s proposal becomes finalized after a public comment period, all light trucks and vehicles could use the technology by 2023. It’s an exciting development, because it is another step towards preventing human error from causing car accidents. Our roads may be much safer in the next decade.The Texas car accident lawyers at Mike Love & Associates, LLC encourage you to drive safely and stay informed on vehicle recall information.