Are Rear-Guards Strong Enough to Prevent Truck Underride Accidents?

Truck accidents are a devastating force of destruction on roads across the country. However, truck underride accidents are particularly gruesome and much more likely to result in fatalities. An underride accident occurs when a vehicle is forced underneath the truck’s cabin. During these accidents, occupants in passenger vehicles can be decapitated and killed. This may be true even in cases where collisions occur at low speeds.Heavy truck trailers are required by law to use rear-guards (also called underride guards) to prevent this type of accident. These are metal barriers that hang underneath the back of the trailer. According to a 2013 study conducted by the Insurance Institute for Highway Safety (IIHS), strong underride guards can be effective at keeping vehicles from being forced underneath high-riding heavy truck trailers. Unfortunately, many semi-truck trailers in the United States do not have “strong” underride guards.Weak underride guards can fail to prevent fatalities. In addition, a vehicle hitting the side of an underride guard may still be demolished. According to the IIHS study, underride guards are much less effective at preventing fatalities when vehicles hit guards further to the right or left. Motor vehicle safety advocates and organizations, such as the IIHS, have petitioned the National Highway Traffic Safety Administration (NHTSA) to strengthen underride guard standards. The federal standards regulating the strength of underride guards have not been updated since 1996.Semi-trucks in the United States also do not require side underride guards. In Europe and Japan, side underride guards are used to help prevent fatalities when vehicles slide underneath the side of trailers. There are many truck accidents in the US involving side underride crashes. For example, the Tesla vehicle that crashed last year while Autopilot was turned on slid underneath the side of a tractor-trailer. The vehicle’s occupant, a former Navy SEAL, died in the accident. This is only one example. NHTSA estimates 200 side underride accidents occur in the US each year.

Can Negligence Cause an Underride Accident?

In some cases, trucking companies fail to perform maintenance on truck underride guards. These guards may also contain defects that can reduce their effectiveness during an accident. In such cases, injured vehicle occupants or their loved ones may be able to file a lawsuit against the underride guard manufacturer or trucking company. Lawsuits can not only help prevent future instances of these companies using or releasing unsafe underride guards, they can help provide financial resources for costs associated with catastrophic injuries or wrongful death.The Texas truck accident attorneys at Mike Love & Associates, LLC can help you hold commercial carriers and auto parts manufacturers accountable for causing catastrophic injuries or wrongful death.

Can Electronic Logging Devices Reduce Truck Accidents Caused by Fatigued Driving?

Federal and state hours of service rules help prevent truck accidents caused by fatigued driving. These rules set limits for how long intrastate and interstate truckers can drive. For example, interstate drivers operating property-carrying trucks that weigh 10,001 or more pounds cannot drive for more than 11 hours within a 14-hour shift.Truckers must record their hours of service compliance in paper or electronic logbooks. Information in the logbooks may include total driving hours, miles covered and off-duty time. Logbooks are checked by roadside safety inspectors to catch hours of service violations. Employees working for these trucking companies may also check for hours of service violations.However, paper logbooks can be manipulated. Truckers can misrepresent how long they have driven during each 14-hour shift. Electronic logging devices (ELD) may help reduce instances of this problem. Unlike paper logbooks, an ELD records driving time information directly from the truck’s engine. An ELD can record engine hours and vehicle movement. Roadside safety inspectors could download driving time information to check for hours of service violations.In 2015, the Federal Motor Carrier Safety Administration (FMCSA) unveiled a rule that will require trucking companies to use ELDs. Unless Congress repeals or significantly alters this rule, it will go into effect on December 18. House Resolution 3282, also known as the ELD Extension Act of 2017, would seek to delay the mandatory implementation of ELDs by two years. Some trucking companies already use ELDs because they find them to be more convenient and less expensive than paper logbooks. In fact, the FMCSA has argued that ELDs can eliminate $1 billion in paperwork costs for trucking companies and law enforcement.

Can Logbooks Be Used During a Truck Accident Lawsuit?

Information contained in paper or electronic logbooks may also be useful evidence during a truck accident case. Many commercial trucks in operation also use electronic control modules (ECMs), which record various data about trucks. For example, an ECM may record the vehicle’s highest speed or time driven. This data can also be used in conjunction with information in logbooks to catch discrepancies.Data from an ECM can also be useful during a truck accident lawsuit, especially when used in conjunction with other evidence. However, trucking companies may spoil ECM data after an accident to shed themselves of any liability. It is important to hire an attorney immediately after a truck accident to prevent the spoliation of evidence.The Texas truck accident attorneys at Mike Love & Associates, LLC have firsthand experience with trucking industry business practices. If you or a loved one suffered harm during a truck accident, our attorneys can help you discover whether you have legal options to seek damages.

Truck Accident Causes Part 4: Can Health Conditions Raise the Risk of a Truck Crash?

There are several health conditions that may cause commercial drivers to crash their trucks. Although multiple conditions have been identified, truckers are not always screened. Some health problems have become hotly debated topics among lawmakers and transportation safety officials. The following conditions in this blog are common among the population, including commercial truck drivers. However, some of the conditions mentioned in this blog can be screened for and are treatable. Screening for and treating these conditions may prevent commercial truck accidents.

Can Sleep Apnea Cause Commercial Truck Accidents?

Last year, a study conducted by the Harvard University discovered truckers with sleep apnea had crash rates five times higher than truck drivers without the condition. This health condition causes interruptions in breathing during sleep. People with sleep apnea may not realize they have the condition. They may experience excessive daytime drowsiness and difficulty concentrating. In some cases, they may doze off without warning. These are obviously a bad combination of symptoms for people driving vehicles that can weigh up to 80,000 pounds.The Federal Motor Carrier Safety Administration (FMCSA) and lawmakers have discussed screening commercial drivers for this condition. Sleep apnea is common among the population, but it is also treatable. If truckers were to be treated, they could decrease their risk of crashing. A “sleep apnea screening rule” is currently in limbo.Harvard University claims 20 percent of truck accidents are caused by drowsy driving. Obstructive sleep apnea is a condition that causes drowsiness. It is a known public risk, yet we still do not have a screening rule!

Can Other Health Conditions Cause Truckers to Crash?

There are other conditions that may increase the risk of crashing. Another study conducted by the University of Utah School of Medicine discovered truckers with poor general health are more likely to cause accidents.Researchers combed through the medical records of almost 50,000 truckers, and discovered drivers with conditions like heart disease, lower back pain and diabetes were more likely to crash. Drivers with all three conditions were most at-risk. Crash rates involving injury among all truck drivers was 29 per 100 million miles travelled. For those with three of the health conditions, the crash rate was 93 per 100 million miles.

Are Commercial Truckers Screened for Health Conditions?

Commercial truckers driving vehicles weighing over 10,000 pounds for interstate commerce must undergo Department of Transportation health exams, as there are some conditions that disqualify drivers. After passing the examination, truckers receive a medical certification that remains valid for two years. Driver qualification files (also called DQ files) contain the health records of truckers. Trucking companies may request these files before hiring drivers.There are some cases where trucking should or are required to request truckers to obtain new medical certificates. As we know, trucking companies do not always comply with federal or state regulations. People injured in truck accidents, or their family members should consult with an attorney to explore possible legal options against trucking companies.The Texas truck accident attorneys at Mike Love & Associates, LLC are dedicated to helping people harmed by negligent business practices.

Truck Accident Causes Part 3: Semi-Truck Crashes and Distracted Driving

Commercial truckers who are not paying attention to the road are risking their lives and the lives 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 rules restrict commercial truckers from sending or reading text messages or emails while driving. These rules are broad, and cover electronic devices such as cell phones, PDAs, pagers, laptops or 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 for 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 fines of up to $11,000. The There are exceptions to these rules. For example, if it is necessary to contact law enforcement or emergency services.The reason why penalties are steep is 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 dialing a phone number are six times more likely to cause an accident.

There is also the famous statistic released by the Department of Transportation. Drivers sending or reading texting take their eyes off the road for an average of 4.6 seconds. At 55 miles per hours, 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 trucker was texting or posting to 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 Part 2: Why Do Jackknifing Accidents Happen?

Jackknifing accidents occur when truck trailers bend in a way resembling a pocketknife. This is due to the trailer of a truck skidding and pushing itself into the vehicle. These types of truck crashes cause drivers to lose control of their vehicles. They can rollover and hit other vehicles. Motorists may be forced underneath tractor trailers in what is known as an underride accident. The various outcomes caused by 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 into 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, there are many cases where these crashes are preventable.

• Bad weather: Slick road conditions caused by rain and icing significantly raise the risk of a jackknifing accident. The back tires on a semi-truck may lose traction with the road, causing the trailer to swing to the side.
• Neglecting maintenance: A common theme on our blog is that many truck crashes are caused by poor maintenance practices. The same is true of jackknifing crashes. Commercial carriers should replace worn truck tires and brakes. It is also important to maintain and replace suspension components and other mechanical parts responsible for steering.
• Unsecured or badly distributed loads: Cargo loaded into trailers can shift if it is not properly secured or poorly distributed. Shifting cargo may move the truck’s center of gravity, which can lead to jackknifing or a rollover accident.
• Careless driving: Semi-trucks are more difficult to handle than normal passenger vehicles. There is less room for error. Truckers should avoid speeding, especially while turning. Suddenly hitting the brakes may cause jackknifing. This is almost always the case when truckers hit the brakes and swerve at the same time. 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 steer clear of semi-trucks when you are able. Be extra cautious around semi-trucks during poor weather or while slippery road conditions are present. Semi-trucks are more likely to jackknife while making downhill turns.Unfortunately, there is no way for you to know which trucking companies regularly perform maintenance or which ones 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.