Truck accidents are much more complex than simply being car accidents with larger vehicles. Because of trucking laws there are many factors that must be investigated in relation to semi truck accidents. Because of the size of the trucks, trucking accidents can be catastrophic, and when fatal truck accidents happen, the fatality occurs more frequently in the other vehicles involved in the truck accidents, rather than to the truck drivers or to any passengers in the trucks.
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Truck Accident Laws
The US Department of Transportation regulates commercial motor vehicles, including transport trucks. Federal regulations set out hours-of-service rules for truck drivers who drive a truck that weighs more than 10,000 pounds. Under the hours-of-service rules, there is a 14-hour driving limit, under which drivers may not drive more than 14 consecutive hours following 10 consecutive hours off duty. Drivers are responsible for keeping up-to-date log books that record their hours driving.
If a driver drives beyond these hours and his fatigue is deemed a factor in an accident, the driver, the truck owner/operator and the company that employed the driver may all be liable for the accident.
In addition to hours-of-service rules, there are laws setting out inspection, repair and maintenance of trucks, transportation of hazardous materials, and truck size and weight route designations.
Truck Accident Statistics
According to the US Department of Transportation (DOT), in 2008 there were 4,229 fatalities in large-truck crashes. Of those, 3,139 people were occupants of other vehicles, 677 were occupants in the truck and 413 were not occupants in any vehicle. In 2007, there were 4,822 fatalities in large-truck accidents. Of those, 3,608 were in other vehicles, 805 were occupants in the truck and 409 were not occupants in any vehicle.
When large trucks are involved in multi-vehicle accidents, it is more likely to be the occupants of other vehicles that are injured or killed rather than the truck occupants. This is due in large part to the size difference of the vehicles. Passenger vehicles are much smaller than semi trucks, leaving occupants vulnerable to serious injury.
Truck Accident Negligence
Negligence occurs when a person's actions or inactions fall short of what a reasonable person would do to prevent a foreseeable risk of harm. Negligence in truck accidents takes a variety of forms. These include failure to stop at a light or stop sign, failure to yield to another vehicle, failure to yield to a pedestrian and driving while distracted (including talking on a cellphone). In the case of commercial trucks, negligence can also include driving over the legal hours, not getting enough rest time, driving while tired, use of various prescription drugs, speeding, performing illegal maneuvers and failure to take proper evasive maneuvers to prevent an accident.
In cases of injury or death caused by negligent driving, the injured party or his family may be able to sue the driver of the commercial vehicle, the owners and/or operators of the vehicle and the people responsible for the truck's maintenance. Claims can include negligence, wrongful death and personal injury.
Defective Truck Parts
Defective automotive parts can play a role in serious truck accidents and can result in harm to a vehicle's occupants or other people on the road. Issues with commercial vehicles include faulty brakes, defective back-up alarms, engine problems and steering problems.
In the case of injuries caused by truck defects, the injured party may be able to sue the maker of the defective part, the truck manufacturer and the companies or individuals responsible for repair and maintenance of the vehicle.
Driving While Intoxicated/Driving Under the Influence
Federal Motor Carrier Safety Regulations set limits and guidelines for truck drivers with regards to drug and alcohol use. Under the guidelines, truck drives may not use alcohol or be under the influence of alcohol within four hours of going on duty or operating a commercial motor vehicle. Furthermore, truck drivers are disqualified if they drive a commercial vehicle with a blood alcohol level of 0.04 percent or higher, or if they are under the influence of drugs. Refusal to take a drug or alcohol test also disqualifies the driver.
Other Causes of Truck Accidents
Other causes of semi truck accidents include inadequate driver training, overweight vehicles, dangerous or reckless driving, poor driving conditions, failure to leave adequate room between vehicles and driving aggressively.
Truck Accident Legal Help
If you or a loved one has suffered from a truck accident, you may qualify for damages or remedies that may be awarded in a possible class action or lawsuit. Please click the link below to submit your complaint to a lawyer for a free evaluation.
Last updated on Jul-9-10 |
TRUCK ACCIDENT ARTICLES AND INTERVIEWS
Ottawa Officials Call to Ban Big Rigs from Downtown
Ottawa, ON: As the city of Ottawa debates how to go about ridding the downtown core of transport trucks, a recent truck accident in New Zealand speaks volumes about the risks associated with operating large trucks in close proximity to pedestrians. [READ MORE]
Michigan Attorney says Time to Put the Brakes on Dangerous Trucks
Southfield, MI: Michigan Attorney Steve Gursten has reached his breaking point with bad truckers. With years of experience representing people injured or killed by dangerous trucks and truckers in truck accidents and a former president of the Truck Litigation Committee for the American Association of Justice (AAJ), Gursten says he is frankly “disgusted” with what he sees. [READ MORE]
Driver in Truck Accident Going to Jail
Miami, FL: The driver accused of causing a truck accident that took the lives of 4 people almost 4 years ago has been sentenced to 36 years in prison. The driver was convicted of 4 counts of vehicular manslaughter for his role in an truck crash that occurred on February 11, 2005. [READ MORE]
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