What’s the Secret to Avoiding Truck Accidents?

Truck accidents kill and injure thousands of Americans on U.S. interstates and highways every year. As you may have learned from our blog last week, these accidents may cause catastrophic injuries. Survivors may suffer brain injuries, paralysis from spinal cord injuries and disfigurement. Many people involved in these accidents lose their lives. It is crucial for motorists to be extra cautious while driving in close proximity to these large vehicles. There is no secret to avoiding truck accidents, but there are many tips you can utilize that will reduce your chances.

• Avoid blind spots at all costs: Semi-trucks have several blind spots that make it difficult for truckers to see motorists. These spots are located next to the driver’s side and passenger side doors on trucks. Blind spots are also located directly behind and in front of these vehicles.
• Give trucks space: Never follow too closely behind semi-trucks. It is impossible to see obstacles in the road in front of these vehicles. If a truck comes to abrupt stop and you following too closely behind, you are at high risk of being involved in an underride accident. These accidents occur when passenger vehicles are forced underneath semi-truck trailers. Following too closely in front of trucks is also dangerous, as these vehicles need more than 525 feet to come to a complete stop.
• Use extra caution when passing: Pass trucks as quickly and safely as possible. Always use your turn signals beforehand to let the truck’s driver know what you are doing. Avoid abrupt lane changes or movements that could startle the driver.
• Be cautious of weather: Certain weather conditions make truck accidents more likely. For example, heavy rain, snow and windy weather can make driving near semi-trucks more dangerous. Be prepared for semi-trucks to stop at any moment during adverse weather conditions.
• Pay attention to what the truck is doing: Always remain extra attentive when driving around semi-trucks. Pay close attention to turn signals and brake lights.
• Keep a close eye on other drivers: Other people may drive unsafely around trucks, which may cause an accident. Pay closer attention when you see nearby vehicles attempting to pass trucks. Keep in mind that accidents are more likely to occur during this time.
• Pull over as far as possible: Always leave other vehicles and trucks enough space when you are pulling over on the side of the road. Truck drivers who are not paying attention may be at higher risk of colliding with vehicles that have pulled over.

Even if You Are Extra Careful, Truck Accidents are Still Possible

In many cases, people drive safely and are still involved in truck accidents. That is because commercial carriers and drivers may be negligent or reckless. Commercial drivers may be intoxicated, fatigued, or they can forget to perform maintenance. Trucking companies may hire unqualified drivers who put everyone else at risk. The sad truth is: even if you follow this guide perfectly, it does not guarantee you can avoid a truck accident.The Texas truck accident attorneys at Mike Love & Associates, LLC are dedicated to advocating for the rights of truck crash survivors and their family members.

Can Driver Records Help After a Commercial Vehicle Crash?

Driver records and complaints are useful for establishing fault after a commercial vehicle crash. The recent school bus crash in Chattanooga, Tennessee, is a great example of how prior complaints and records are helpful. Six children lost their lives in this crash and dozens more suffered injuries. Police reports and witnesses suggest the driver was speeding. These reports may be correct.Parents and school officials had complained about the driver before the accident. The school’s principal complained two separate times about school bus driver several weeks before the crash. These complaints mention speeding, dangerous driving and other unprofessional behavior.Parents, students and teachers sent emails and letters to the school discussing these concerns. One student’s letter in the weeks prior to the crash claimed the bus traveled so fast, that it felt as if it would flip over. It is possible these complaints, letters and emails may become evidence in civil lawsuits against the company that employed the bus driver, and the driver himself.There are other types of formal records that may be used in commercial truck and bus accidents. Among the most important is the driver qualification file (DQF). A DQF may show the following:

• Drug and alcohol testing information.
• Driving records, including a history of accidents
• Regulation violations, such as failing to perform maintenance checks or abide by hours of service rules.
• A DQF will show medical certifications for drivers. Some medical conditions disqualify drivers from possessing a CDL (commercial driver’s license).
• Records may show the employment history of drivers. For example, whether drivers were fired from other companies.
• A DQF may show the performance reviews of drivers.
• DQFs can show training certificates. This is especially important evidence for accidents involving drivers carrying certain types of loads, such as hazardous materials.

Can Business Records Help After a Commercial Vehicle Crash?

We have only mentioned a few possible examples of what might appear in a DQF. Commercial carriers have other types of records, not only on drivers, but business practices. Records may have information on inspections, repairs and hiring practices. There may also be records that suggest commercial carriers rushed their drivers to meet certain deadlines, putting other motorists at risk in the process. These business records are also useful evidence following a truck or bus accident case.Commercial carriers or drivers may try to spoil or destroy this evidence after a crash. A major reason it is important for accident survivors or family members to contact an attorney right away is to prevent the spoliation of evidence.The major takeaway from this blog is that commercial carriers and drivers responsible for accidents are more likely to have poor safety records. There is almost always a paper trail showing regulation violations or other unsafe behavior.The Texas truck accident attorneys at Mike Love & Associates, LLC are dedicated to helping the victims and family members of truck crashes.

Can FMCSA’s New Rule Save Us from Impaired Commercial Drivers?

Impaired commercial drivers cause bus and truck crashes every year. A new Federal Motor Carrier Safety Administration (FMCSA) rule will establish a database to identify commercial drivers with a history of drug or alcohol violations. If the rule and database are successful, it will close a loophole used by commercial drivers for many years. In the past, commercial drivers with drug or alcohol violations would switch companies or move to other states to avoid detection. This is a process known as “job-hopping” in the commercial motor carrier industry.Drivers job-hop because drug and alcohol violations make them ineligible to hold a commercial driver’s license (CDL). When applying for a CDL in another state, these violations do not show up on their records. The FMCSA’s aims close this loophole by establishing a centralized database. This new rule also sets guidelines for how commercial carriers must use the database and report drug and alcohol test violations.On December 5^th, the FMCSA published a final version of its new rule on the Office of the Federal Register’s website. The rule requires motor carriers to run prospective drivers through the database to look for previous violations at other companies. Motor carriers will also be required to input existing employees into the database once per year to look for violations. Once the FMCSA’s database is established, it may become impossible for drivers to conceal prior drug and alcohol violations from their employers. However, drivers must grant their consent for records to be released to current or prospective employers.Reporting requirements for the database are strict. Under FMCSA’s rule, employers and medical review officers, the people who conduct drug screenings, must report drug and alcohol use or testing violations. Reported violations would end up in the database.

Unmasking Poor Driving Records May Prevent Bus and Truck Crashes

Commercial drivers impaired by drugs or alcohol are a major threat to public safety. Regulators take this threat seriously, and have guidelines for drug and alcohol testing. FMCSA regulations state commercial drivers cannot use illicit drugs or have blood alcohol content levels of more than .04 percent. Drivers can also receive violations for refusing drug or alcohol tests.Truck accident attorneys, federal lawmakers and the commercial motor carrier industry have known for years that job-hopping endangers the public. Four years ago, Congress requested a national database for drug and alcohol violations to prevent job-hopping by unqualified CDL holders. A Government Accountability Office report from 2008 discovered 100 percent of drivers guilty of drug or alcohol violations withheld this information from their employers.Commercial carriers may be held liable for accidents when they hire drivers with unsatisfactory driving records or a history of unsafe driving. Unfortunately, this is a common practice that costs hundreds of lives every year. In many cases, there are warning signs that drivers are putting others in danger. For example, the school bus crash in Chattanooga, where parents and school officials complained multiple times beforehand that the driver was speeding. An experienced personal injury attorney can help accident survivors or their families uncover records that show commercial carriers acted negligently.The Texas truck accident lawyers at Mike Love & Associates, LLC are dedicated to holding negligent commercial carriers responsible for causing crashes.

What Are Common Catastrophic Injuries Caused by Truck Accidents?

Statistics released by the National Highway Traffic Safety Administration (NHTSA) show 104,000 people were injured by truck accidents on American highways in 2012. Some of these people suffered permanent injuries that significantly decreased their quality of life. That is because semi-trucks and other commercial vehicles weigh many times that of a normal passenger car. In fact, federal regulations allow these trucks to weigh up to 80,000 pounds! When these large and heavy vehicles crash, the impact force is more likely to result in the following catastrophic injuries:

1. Brain Injuries

Truck accident survivors may suffer brain injuries caused by blunt force trauma or whiplash. During a crash, a motorist may be harmed by blunt force trauma caused by the head colliding with a window or steering wheel.Depending on the severity and location of the injury, people with brain injuries can experience varying symptoms. Survivors may have problems speaking or understanding language (aphasia), issues with balance, poor impulse control or cognitive deficits.Brain injuries may require accident survivors to undergo a lengthy period of rehabilitation. Many people with severe brain injuries do not leave the hospital for many months.

2. Spinal Cord Injuries

Accident survivors can also suffer spinal cord injuries. Depending on the severity of the injury, accident survivors may be partially or completely paralyzed. Spinal cord injuries can cause monoplegia (paralysis of one limb), paraplegia (paralysis of lower limbs), diplegia (paralysis of corresponding limbs), quadriplegia/tetraplegia (paralysis of all four limbs).Spinal cord injuries almost always result in disability. Accident survivors with these injuries may be unable to return to their occupations and can experience a significantly decreased quality of life.Those with tetraplegia may require round-the-clock care and extensive medical services. Home modifications and other specialized equipment may be necessary.

3. Disfigurement or Amputation

Injuries caused by truck accidents may result in amputation or disfigurement. Limbs can become caught in the twisted wreckage after an accident, cutting off blood flow. In other cases, the impact force from the collision may cut or crush limbs. Cuts caused by broken glass can become infected.Facial disfigurement is also possible. Blunt force trauma may cut away facial tissue or cause broken bones.

Protect Yourself from These Injuries While Driving During the Holiday Season

Motorists can improve their chances of avoiding truck accidents and catastrophic injuries by taking preventative measures. This is especially important during this time of the year, when there are more drivers on the road.NHTSA statistics show truck accidents spike before and after the Christmas holiday. According to NHTSA statistics collected between 2001 and 2005, there were an average of 45 truck accidents deaths each day during this period. There is also an increase in injuries caused by these accidents. This is because commercial drivers are making more deliveries to meet increased consumer demand. They may be pressured to ignore hours-of-service rules, putting them at risk for drowsy driving. Winter weather conditions also make driving more dangerous for commercial and non-commercial drivers.Be sure to give trucks plenty of room to operate. Never tailgate trucks. Pass these larges vehicles as quickly as possible and never drive in their blind spots (in front of the truck, behind the truck and next to the truck cab).

Should You Contact a Truck Accident Attorney?

If injured in a truck accident, it is important to explore legal options. Catastrophic injuries result in expensive medical and rehabilitation bills. These injuries also leave people unable to return to work, resulting in lost income. It is imperative that survivors consult with a truck accident attorney to explore legal options for pursuing damages.Damages obtained from a judgment or settlement can help pay for medical costs, home modifications, equipment and lost income.

Can Trucking Companies or Truckers Be Shut Down for Safety Violations?

Not all trucking companies or commercial truckers are unsafe, but there are bad apples. Take for example the case of a Connecticut-based driver who crashed his truck while drunk and changing his pants. The trucker told police he had turned on the vehicle’s cruise control at 63 miles per hour, and then stood up to change his clothing. Police reported the man’s blood alcohol content was .209, or five times the allowed amount for commercial drivers.Trucking companies can also be dangerous. A trucking company in Georgia faces accusations of ignoring regulations for drug testing employees and not performing maintenance on vehicles. They also hired unqualified drivers, one of which crashed a vehicle here in Texas.This truck was carrying Takata airbag inflators as cargo. When the truck crashed while taking a turn at high speed, the Takata airbag inflators caught fire. The resulting explosion leveled a house, killed the occupant, and caused extensive damage to several other nearby properties.Fortunately, the Federal Motor Carrier Safety Administration (FMCSA) can shut down unsafe trucking companies and drivers.

What Happens When the FMCSA Gives a Shutdown Order?

Commercial carriers who receive shutdown orders must halt all intrastate and interstate operations because they are a threat to public safety. The same goes for drivers.

• Trucking companies: Commercial carriers, or trucking companies, receive shutdown orders for failing to perform maintenance, hiring unqualified drivers, failing to monitor drivers for hours-of-service compliance or not providing training. These companies may also fail to inspect equipment or perform background checks and drug tests on drivers. Generally, trucking companies receive shutdown orders for failing to abide by federal motor carrier regulations, and for presenting a threat to public safety in the process.

• Truck drivers: Truck drivers receive shutdown orders for drug use, unsafe driving, ignoring hours of service rules, lacking qualifications, or violating other federal regulations.

Commercial carriers and drivers that violate shutdown orders can receive hefty civil and criminal penalties. These companies and drivers are a threat to public safety.

Why Are Shutdown Orders Good for Public Safety?

Shutdown orders exist for good reasons. They will not prevent all truck accidents, but they can reduce the overall number. There were 3,424 fatal truck accidents in 2014. Some of these accidents were caused by drivers who had violated federal safety regulations. One example is the crash that killed comedian James McNair, and left famous entertainer Tracy Morgan with a brain injury. The WalMart driver responsible for the accident had been awake for more than 24 hours and was speeding.The Texas truck accident attorneys at Mike Love & Associates, LLC can hold negligent truckers and commercial carriers accountable for causing accidents.