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.

Can Trucking Companies Be Liable for Negligent Hiring?

Trucking companies are expected to practice sound judgment when hiring drivers. These commercial drivers may operate vehicles weighing up to 80,000 pounds. They have an essential responsibility to drive safely and in accordance with the law. The Federal Motor Carrier Safety Administration (FMCSA) requires interstate commercial trucking companies to meet specific 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 may be required to obtain specific information from applicants' prior employers. This means employers review driver qualification files, which contain detailed information about applicants' histories. 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 extensive information. Furthermore, federal regulations require driver qualification files to be updated annually. The information found within changes each year.FMCSA regulations require companies to ask prior employers whether drivers have a history of safety problems or substance abuse. They must also conduct pre-employment drug tests. Finally, trucking companies must provide new hires with a DOT (Department of Transportation) medical examination, as certain health conditions 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 generally aim to cut operating costs. Although negligent hiring standards may be more common with smaller trucking companies, it affects the entire trucking industry. There are certain conditions under which 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 face negligent hiring and retention claims when those 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.

Travel Safety Tips for the Holiday Season

November and December are among the busiest months on highways and interstates nationwide. The vast majority of people are travelling to visit family and friends during the holidays. With more cars on the road and adverse weather conditions, there are more opportunities for car accidents. Safety should be a significant concern for all motorists this time of year. The following travel safety tips may help reduce your risk of an auto accident during the holidays.

Get Enough Sleep: Drunk and Drowsy Driving Are Similar

Lack of sleep is one of the greatest dangers for motorists taking long road trips. Drowsiness can significantly raise your chances of being involved in an accident. The AAA Foundation for Traffic Safety released a report earlier this month linking drunk and drowsy driving. According to the study, motorists driving on four to five hours of sleep show impairment similar to a blood alcohol content of .08, the legal limit. AAA also claims that missing one or two hours of sleep per night can quadruple the risk of being involved in an accident. People who get less than 4 hours of sleep are 12 times more likely to crash. The National Sleep Foundation recommends getting 7 to 9 hours of sleep before setting out on a trip and avoiding sleep medications or alcohol the night before departure. If you notice symptoms of drowsiness, such as heavy eyelids, yawning or difficulty focusing, pull over and rest or let someone else drive.

Make Sure Your Vehicle is Safe to Drive

Your vehicle cannot protect you if certain parts are not in working condition. Before setting out on a trip, it is wise to receive a tune-up. A qualified mechanic can check your brakes and pads, head and tail lights, car battery, tires, and fluids. If you have young children, the week before a road trip is a good time to check the effectiveness of booster seats. An estimated 8 in 10 parents do not know whether their booster seats are installed correctly. Some police and fire departments can perform checks. Local Texas Department of Transportation offices may also help parents with car seat issues.

Always Remember to Drive Safely During Your Trip

Long-distance driving requires extra attentiveness to road etiquette and safety. Use extra caution while traveling through work zones. Pay careful attention to speed limits during your travels. Always avoid distractions, such as mobile phones, eating, or applying makeup. There are also driving etiquette rules that can improve your safety. Never tailgate other drivers, and do not drive in the left-hand passing lane. National Safety Council statistics show more than 700 people die in car accidents every year between Christmas and New Year’s. The best way to avoid an accident is to take preventive action and plan. The Texas personal injury attorneys at Mike Love & Associates, LLC, wish everyone a happy holiday season. Please stay safe!