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Truck Accidents: Smaller Cars and Bigger Trucks

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Pontiac, MIThe truck driver and operator must adhere to a basket of regulations designed to maximize safety, and minimize risk on the road. To that end, truck drivers have a greater responsibility than car drivers, given the sheer size and weight of their rigs, and the potential for disaster when a truck accident happens.

In fact, much like an airline pilot must conform to a strict regimen--both personal and professional--of checks and balances, the trucker also has a protocol to follow.

However, do all drivers and operators adhere to these strict guidelines?

Few would argue that there are more and more trucks on our roads—not only on the nation's highways, but also lumbering through city streets. The advent of just-in-time delivery and an aging rail structure has fuelled the growth of not only the number of trucks, but also their size. Tandem rigs are commonplace.

Truck AccidentIn an acknowledgment of the growing number of trucks out there, federal statutes were adopted in the 1980s, and drivers of these big rigs were soon required to meet minimum national standards prior to successfully obtaining a Commercial License. Individual States were required to adopt uniform testing standards for the licensing of commercial drivers. This makes sense, given the nomadic life of a truck driver as he or she bisects many state lines during a typical haul.

To that end, Interstate traffic is regulated by the feds as well as individual states surrounding the issue of safe loading, use of alcohol and banned substances while on duty, the ultimate qualification of a driver and the availability of emergency equipment.

The driver's log also has a place in these regulations. Under these guidelines a trucker has a responsibility to log personal data such as driving time and hours of rest within a certain time frame, and the inspection protocol he is required to follow in keeping tabs on his lumbering vehicle. Prior to commencing each run, the driver is responsible for checking for things such as brakes, tire pressure and condition, the suspension systems, and the presence of any fluid underneath, which may point to an oil leak or a brake line failure.

The load needs to be inspected, to ensure it is loaded properly with optimum balance, and tied down or secured properly so there is little chance to shift. An unbalanced load makes for a dangerous truck, as is the case for a load that exceeds the truck's rating. The driver needs to be aware of the load weight, and how it impacts the weight rating for his vehicle.

Sleep is another important factor, and perhaps one of the most important considerations of all. Various studies have determined that sleep deprivation is linked to poor judgment both behind the wheel, and overall. A tired driver may give a load a quick, cursory inspection and pronounce the load sound, while perhaps missing a key concern or clue that could spell disaster down the road. Or he may have a legitimate concern, but too tired to deal with it. "Aw, it'll be okay," he might say. "Been driving accident-free for 20 years, and nothing's going to bite me now..."

And behind the wheel, a sleepy driver of any stripe can be just as dangerous as an impaired driver. People who have stayed away from alcohol, but consider themselves a hard worker by driving for longer periods than they should, pose as great a risk to themselves and others on the road, were they to have been sipping a mickey.

In response, regulations require that truck drivers can drive 11 hours if they have had 10 consecutive hours off. They cannot drive after being on the road for 60 hours within a 7-day period—60 hours is the regulated cutoff. There is also the requirement that the truck driver takes a 34-hour break—taken consecutively—before he is allowed to commence a new driving cycle.

That's what is supposed to happen. Does it? Are logbooks followed to the letter, or are they sometimes fudged for profit, or opportunity? Is the load really safe? Or is it reduced to "...well, it looks okay. Should be fine..."

It would be unfair to paint all truck drivers and trucking companies with the same brush. There are reputable companies, and drivers that take their jobs, their conduct behind the wheel, and their codes very seriously. Some have demonstrated heroic effort in trying to avoid an accident—often caused by someone else—heroics that often threaten the trucker's safety, or even his life.

And to be fair, a lot of accidents are caused by drivers not understanding the physics inherent with a rolling rig that can weigh as much as a small house, or are simply too callous to care. You can cut off a multi-ton truck, or jump in front of it on the freeway, then slam on your brakes and expect the trucker to do the same. He can't.

Cars are getting smaller again, thanks to the country's energy woes. But the rigs are not following suit. They are getting bigger, and there are more of them. Thus, the government and the trucking industry's response is to step up the regulations, and put the onus on the driver to do it right.

The logbook makes for a handy reference once an accident has happened, in order to gauge the habits of the driver, and the circumstances that may have led to it. But logbooks are subject to human error, or misinformation.

Too bad there isn't a black box in the truck, as there is in an airplane that records everything...

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If you or a loved one has suffered from a truck accident, please contact a lawyer involved in a possible [Truck Accident Lawsuit] to review your case at no cost or obligation.

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