Austin Trucking Accident Lawyer | I-35 Semi Truck Accident Attorney Law Firm| San Marcos, Round Rock Texas TX

The Roads Are Dangerous
Large Trucks Present Substantial Safety Issues
How are truck accidents different than car accidents?
Factors Contributing to Truck Accidents
How is truck driver fatigue established?
What Regulations Govern Trucks and Their Drivers?
What if the truck accident occurred because the truck wasn't properly loaded?
What if the truck driver was not qualified to drive the truck involved in the accident?
Do truck drivers have to carry liability insurance?
When and why should I seek the services of an experienced attorney?

The Roads Are Dangerous

You see them on the road all the time – those huge trucks barreling down the highway. These trucks – call them 18-wheelers, semis, big rigs, or tractor-trailers. When driven properly, they are the life-blood of our economy, shipping goods from the suppliers to the consumers who need them. When things go poorly, negligence and inaction can cause these trucks to crash into passenger vehicles, and when they do, the passenger cars are no match for these metal mammoths.

Hundreds of thousands of accidents involving these trucks happen every year in the United States, and many are severely injured in these wrecks. Moreover, tens of thousands of people die as a result of these accidents.

If you or someone you know has been injured in an accident with a commercial truck (a bus, mail or delivery truck, or big rig), contact the attorneys at O’Hanlon and Associates with extensive experience in truck (18-wheeler, semi, big rig, and tractor trailer) accidents to discuss your specific case. Contact us here.

Large Trucks Present Substantial Safety Issues

Dealing with truck accidents is different than dealing with ordinary collisions. These giant trucks require more care an diligence to operate because their size and shape create several obstacles

Long Stops. Increased mass equals increased space needed to stop. When you slam on the brakes in you car, you stop relatively quickly. This is not the case for big rig drivers. The substantial weight of the truck makes these vehicles much harder to stop. These 18-wheelers require a much longer stretch of road to come to a halt. Accordingly, rear-end collisions are a particular problem with semis.

Blind Spots. Because of the large size of these trucks, there are many blind spots. The driver if the tractor trailer may not see the care before he changes lanes, resulting in a collision in which the passenger car is severely outclassed in terms of weight.

Wide Turns. You’ve seen the signs – “this vehicle makes wide turns.” Pay heed to this warning, as a driver of the large truck may not see a car caught between the wall and the truck when the rig is turning.

Size and Weight. Passenger vehicles are not designed to collide with a truck weighing several tens of thousands of pounds. These large rigs have a weight advantage that is catastrophic for passenger vehicles in collisions. Also, these tall tractor trailers often collide with the passenger vehicles above the passenger vehicles’ safety cage with horrific results.

Cargo. These 18-wheelers carry cargo that can be thrown from the truck or shift and cause accidents. Additionally, some trucks can carry dangerous materials or chemicals, further contributing to the dangerousness of big rig accidents.

How are truck accidents different than car accidents?

Car accidents and truck accidents share many similarities. Either may be caused by speeding, reckless driving or failing to keep a proper look-out for other vehicles on the roadway. There are however certain conditions inherent in the driving of a truck which distinguish truck accidents from other vehicle collisions.

For example, the braking system on a semi tractor trailer is different than that of a car. Heavy trucks use compressed air to make the brakes work. Although air brakes are a safe way to stop large vehicles, it takes one-half second or more for the air to flow through the lines to the brakes which impacts the stopping distance for the vehicle. The air brake lag distance at 55 mph on dry pavement adds about 32 feet to the stopping distance. A truck driver traveling 55 mph under good traction and brake conditions must contend with a total stopping distance of over 300 feet, a distance longer than a football field. The additional time required to slow or stop a large truck impacts the speed at which the truck may be safely driven and the awareness the truck driver must have for the condition of traffic on the roadway.

Factors Contributing to Truck Accidents

According to a National Transportation Safety Board has determined that driver fatigue is the predominant cause of big rig accidents. The following is a non-exhaustive list of the factors that lead to big truck accidents, in no order:

Driver fatigue
Excessive speed (driver is rushing)
tailgating
driver inattentiveness
mobile phone use
driver distraction
poor maintenance (tire pressure, tread depth, brake and headlights clean windshield)
faulty or poorly maintained brakes
inadequate mirrors (blind spots)
road rage or aggressive driving
rapid lane changes
breaking traffic laws (yield, etc.)
Driving while under the influence of drugs or alcohol
too much cargo
cargo not secured properly

If you or someone you know has been injured in an accident with a commercial truck (a bus, mail or delivery truck, or big rig), contact the our personal injury attorneys with extensive experience in truck (18-wheeler, semi, big rig, and tractor trailer) accidents to discuss your specific case.

How is truck driver fatigue established?

The driver may admit to police or witnesses that he is fatigued. Such statements may be reflected in the Accident Report completed by police at the scene. A driver may also make a similar statement to the dispatcher. A driver may appear fatigued when observed by police or other witnesses. Review of the truck driver's log may also be useful in establishing the amount of time on the roadway and to assess the likelihood of fatigue. Motor Carrier Safety Regulations regulate the permitted hours of service and require the driver to keep a log of their "duty status".

A wide range of sources must be analyzed to determine whether driver fatigue is a factor in causing an accident. It is important that you involve a lawyer in this process to speak with the witnesses to the collision, review the driver's log, obtain records associated with the maintenance of the vehicle, review the materials associated with the hiring of the driver and evaluate the potential avenues of recovery that are available.

What Regulations Govern Trucks and Their Drivers?

The law mandates that a truck driver may not drive over a certain number of hours to reduce fatigue. Drivers are supposed to keep a detailed log to ensure compliance. Big rig drivers also must not drive under the influence of alcohol or drugs. Additionally, big rigs are not to carry more than a specific, allotted weight of cargo, and the trucks must undergo routine inspections and maintenance. Sometimes the drivers skirt or break these regulations designed to keep everyone on the road safe. Even if the rules were followed, you may be entitled to recovery.

Truck collisions are difficult to deal with. If you or someone you know has been injured in an accident with a commercial truck (a bus, mail or delivery truck, or big rig), contact the personal injury attorneys at our firm.

What if the truck accident occurred because the truck wasn't properly loaded?

Federal safety regulations impose a duty on a carrier to secure the load safely. Different types of loads have their own requirements for being properly secured. A trucking company is not liable for defects which are not apparent upon a reasonable inspection of the load. The company is also not liable for sealed loads. However, a shipper may be liable where it improperly loaded its own truck, its employees negligently instructed the truck driver on the manner in which the cargo should be secured or if the truck driver was given false assurances as to the safety of the load. It is important to determine the identity of the party involved in loading the trailer if it is suspected that the cargo was not appropriately loaded. The circumstances surrounding the loading of the vehicle and the identity of those involved in the loading should be determined as quickly as possible after the accident occurs.

What if the truck driver was not qualified to drive the truck involved in the accident?

The incompetence of a truck driver may give rise to liability for the party who hired him or retained his services to transport a load. The question is whether the employer exercised "reasonable care" in hiring or retaining the driver. Did the employer make a reasonable investigation of the driver? What did the employer know or what should have been known prior to hiring the truck driver? Once an employer knew or should have known that a driver was unfit, was it reasonable for the employer not to investigate or take corrective action such as discharge or reassignment? Federal regulations require a reasonable investigation of a driver's qualifications at the time the driver is hired. The regulations require that the driver must be able to do the following:

safely operate the type of motor vehicle he drives;
determine whether the cargo he transports has been properly located;
determine whether the cargo he transports has been appropriately secured;
is familiar with the methods and procedures for securing cargo;
is physically qualified to drive a motor vehicle;
has a valid commercial motor vehicle operator's license;
has prepared and furnished the motor carrier that employs him with a list of violations of the motor vehicle traffic laws and ordinances which the driver has been convicted of within the preceding 12 months;
has successfully completed a driver's road test; and
has completed and furnished the motor carrier that employs him with an application for employment.

The failure to comply with federal regulations may be evidence that a "reasonable investigation" was not performed and may give rise to an independent basis of liability against the employer. Whether the truck driver who caused your loss was qualified must be evaluated based upon the facts surrounding your collision.

Do truck drivers have to carry liability insurance?

The Federal Motor Carrier Safety Administration regulates the amount of insurance a carrier must maintain. For vehicles weighing more than 10,000 pounds and hauling only non-hazardous materials, minimum liability coverage in the amount of $750,000.00 is required. If hauling hazardous materials, the required minimum liability coverage increases to between $1,000,000.00 and $5,000,000.00 depending upon the type of material transported.

When and why should I seek the services of an experienced attorney?

Contact a lawyer as soon as possible! The law limits the amount of time you have to bring suit. This time limit is known as the statute of limitations. If you wait too long to seek recovery, you may be legally barred from exercising your rights forever. The truck companies have lawyers working on their side as soon as the accident happens. You need immediate medical help and legal representation.

It is important to have an experienced attorney on your side as soon as possible. This person can act as the advocate of your rights while you heal. Contact the our personal injury attorneys with extensive experience in truck (18-wheeler, semi, big rig, and tractor trailer) accidents to discuss your legal rights.