Why are truck accident cases more complicated than car accident cases?
First and foremost, accidents involving 18-wheeler trucks often result in more serious injuries and damages than other traffic accidents simply due to the fact that big rigs are much larger and more-massive than passenger cars.
In addition, truck accidents often involve multiple parties, companies, and insurance policies. When dealing with a truck accident case, your attorney often must deal with the trucking company, their insurance provider, the truck driver’s personal insurance company, the company that owes the trailer, their insurance provider, etc.
Truck accidents often involve vehicles from across state lines and are even subject to additional laws put in place by the Federal Motor Carrier Safety Administration. The truck driver’s (and company’s) adherence to these rules will play a very important role in determining liability, and should be thoroughly investigated by your attorney.
Accidents involving 18-wheeler are simply more serious, involve more-aggressive insurance adjusters, and are much more complex than normal car accidents. For these reasons, it is important that these cases are handled by a Dallas truck accident attorney who has considerable experience with commercial vehicle accidents.
Why do truck accidents often result in such serious injuries?
If you are involved in a traffic accident with a big rig, you are more likely to suffer serious injury or death. Why is this the case? Very simply, 18-wheelers are considerably bigger and heavier than other vehicles and when they hit your car, they hit your car with more force. In addition, the size of commercial trucks makes it more likely that your car will be wedged underneath a truck or crushed during a truck rollover. While rear-ending another small vehicle on the highway can result in minor injuries, rear-ending a truck on the highway could involve the trailer of the truck smashing through your windshield.
Do Dallas truck drivers have to follow any federal regulations?
Yes, all truck drivers in Texas are required to follow a number of regulations put forth by the Federal Motor Carrier Safety Administration (FMCSA) that are designed to reduce the number and the severity of truck accidents and truck accident injuries. All Texas truck drivers are required to carry truck insurance, maintain an accurate trucking log, carry a commercial trucking license, limit their driving hours, refrain from using mobile devices, use certain types of safety equipment, and give their tractor-trailer regular maintenance checks. While most traffic safety advocates agree that these federal trucking regulations are helpful, many would like to see tougher regulations as well as better means of enforcing existing trucking regulations.
What are the hours-of-service limits for truck drivers?
All truck drivers in Texas – and all truck drivers across the country – are required to limit their hours behind the wheel by federal regulations drawn out by the Federal Motor Carrier Safety Administration (FMCSA). Most commercial drivers cannot drive more than 11 hours per day following a ten-hour break, and cannot work more than 14 hours after first coming on to duty for the day. Drivers must also not work more than 60 or 70 hours in 7 or 8 days without taking a day off. While these rules certainly fight against truck accidents caused by driver fatigue, some suggest that truck driver logs are too easy to doctor and that more enforcement is needed in the future.
What if the trucker who hit me had been drunk or on drugs?
Unfortunately, despite federal laws and regulations and the instructors of their employers, some truck drivers still choose to drive while intoxicated.
Commercial truckers are subject to even stricter laws that other drivers on the road (for example, they cannot have a blood alcohol level beyond 0.02 without breaking the law). They are also often subject to drug and alcohol testing, both by the US Department of Transportation and by their employers. However, this still does not stop some truckers from drinking and/or using drugs while on the job.
Fortunately, our attorneys know how to hold truck drivers (and in many cases, the company which employs them) liable for the damages you’ve suffered as a result. If you have been involved in a Dallas truck accident that involved an intoxicated truck driver, contact our personal injury attorneys today at (214) 651-6100
Could my accident have been caused by truck driver fatigue?
Despite federal regulations limiting how long a truck driver can consecutively stay behind the wheel, truck driver fatigue remains a significant cause of truck accidents in Dallas, Texas.
According to the U.S. National Transportation Safety Board, and although federal trucking regulations regarding hours of service have been improved, an estimated 20 to 40 percent of all truck accidents somehow involve fatigued truck drivers. Fatigued driving can cause trucks to veer out of their lane, run off of the road, slam into the back of the car in front of them, and generally slow their reaction times.
In order to prove that the truck driver was drowsy, fatigued, or asleep at the time of your accident, you will likely need the help of a personal injury attorney in order to obtain ECM data recordings, the truck driver’s hours-of-service log, and testimony from the at-fault truck driver.
Could my accident have been caused by distracted driving?
Despite federal regulations that are designed to keep Texas truckers alert and attentive while behind the wheel, truckers can still spend many uninterrupted hours on the road without interruption or breaks. These long, often monotonous hours mean that truckers often distract themselves with activities inside their cab.
At any given time, a trucker could be: eating a meal, talking on a cell phone, texting, using a laptop computer, or even watching a movie. These activities are dangerous while driving and distracting to truckers – and they can easily lead to 18-wheeler truck accidents.
Could my accident have been caused by speeding?
In many cases, Texas truck drivers are in a rush: the faster they deliver the goods they are carrying, the more money their trucking company makes. While speeding trucks are even more dangerous than other speeding vehicles on the interstate, some truckers and truck companies believe that it is worth the risk in order to make an extra dollar. Because of their size and weight, speeding truck are more of a threat to others on the road and can result in even more serious Dallas truck accident injuries – and yet speed continues to be one of the most common causes of Texas truck crashes.
Could my accident have been caused by mechanical failure?
While your car only requires sporadic maintenance and irregular trips to the mechanic, commercial trucks in Texas need to undergo regular safety checks. Because of their heavy daily use and because of their size and weight, big rigs need extra attention, especially when it comes to the tractor-trailer’s brake system. Texas trucking companies and truck drivers who attempt to cut corners and save money may attempt to illegally skip regular safety checks – but all too often this violation of federal trucking laws leads to 18-wheeler accidents caused by mechanical problems and mechanical failures.
What are truck no zones?
Truck “no zones” are the blind spots surrounding an 18-wheeler or commercial truck which other cars should avoid due to the increased risk of an 18-wheeler accident.
- The first no zone is located directly behind the tractor-trailer; an area where a truck driver cannot see you and where you are at risk of slamming into the back of the truck if it stops suddenly.
- The second no zone is located directly in front of an 18-wheeler. Since trucks cannot stop suddenly due to their size and weight, they must maintain a considerable following distance in order to avoid rear-end accidents.
- The final two no zones extend backward and diagonally from the left and right sides of the cab.
What is a “runaway truck?”
A runaway truck is a vehicle that has lost use of its brakes on a downhill slope. Large commercial trucks are more likely to suffer a brake malfunction due the size and weight of big rigs – especially when the brakes are put under stress by heavy use on steep declines such as those found on mountain passes.
Some runaway-truck crashes are caused by trucking companies who do not engage in regular brake maintenance (as is required under federal law), truckers who do not use or maintain their brakes properly, or mechanical issues caused by brake defects.
Runaway truck ramps are often found at the bottom of sustained steep grades. These upward ramps, which are usually filled with sand or gravel, are designed to stop a runaway truck without putting the truck driver and others on the road in serious danger.
If you have been involved in a Texas truck accident, it is vital that you understand exactly what went wrong with the truck’s brakes and whether or not the truck accident could have been prevented. To learn more about your possible injury case, speak with a Dallas truck accident lawyer today.