Truck Accident Causes Part 1: Why Do Debris Crashes Happen?

Truck crashes caused by unsecured loads and debris are among the most horrific. You may hear about these cases on the evening news every now and then, or shared on Facebook. Pieces of debris from loose loads or poorly maintained semi-trucks become airborne missiles that hit other vehicles – or worse – other motorists.There are several reasons why these crashes happen, such as improper maintenance, unsecured loads or unsafe driving.

• Improper maintenance: Mechanical parts can fall from semi-trucks when commercial carriers neglect maintenance. These large vehicles are made up of thousands of parts, many of which are made from solid metal or other hard materials. In recent years, motorists driving behind semi-trucks have been killed by tank caps, transmission parts and driver shafts coming loose. Fatalities may have been avoided if commercial carriers had performed proper maintenance.
• Improper load: Improper loads are another major cause of truck accidents involving debris. Truckers may fail to tie down loads properly. Other cases involve trucks that are overloaded or improperly covered. There are many cases involving rocks coming loose from trucks and cracking the windshields of motorists. In the worst-case scenarios, rocks or other objects weighing many pounds (sometimes several thousand) fall from trucks and fly into lanes of traffic.
• Unsafe driving: Speeding or taking sharp turns may contribute to loads coming loose and hitting other drivers. Unsafe driving may also knock poorly secured mechanical parts loose from trucks.

The chance of being hit by loads or other debris is a good reason why you should avoid driving directly behind semi-trucks. It is impossible to know which commercial carriers and truckers are not following regulations that can prevent debris coming loose. Drivers who are not hit by debris may try to swerve out of the way, losing control and hitting other vehicles. They may also exit the road and slam into other objects.

Why Should You Consider Hiring an Attorney After a Debris Crash?

Attorneys can perform many tasks that you may be unable to, or that would impose significant difficulty following an accident. The most important role where an attorney can help is determining fault for the crash.Truck accident attorneys can acquire documents that may show the commercial carrier or driver that caused your injuries did not perform maintenance or violated other regulations. They are also familiar with the laws that regulate the trucking industry, such as the maximum truck weight or other aspects that may influence a driver or commercial carrier’s liability.Regulations are supposed to prevent crashes caused by loose debris. The Texas truck accident attorneys at Mike Love & Associates, LLC, will hold commercial carriers and truckers accountable for negligence.

What Are the Most Common Reasons for Truck Crashes?

Truck accidents are incredibly destructive for victims and their families. When these large vehicles are stocked at maximum capacity, they can weigh up to 80,000 pounds. Fully-stocked semis cause unimaginable damage even when travelling at low speeds. If someone is hit by a semi truck, fatal or catastrophic injuries are very likely.It is crucial for commercial carriers and truckers to make public safety a priority. As our truck accident attorneys know from experience, the trucking industry may put profits before public safety. There are many causes of truck accidents, but the following five examples are among the most common.

1. Fatigued driving: There are several reasons why truck drivers may become fatigued and crash their vehicles. Truckers who ignore federal or state hours-of-service rules are much more likely to crash. Health conditions such as sleep apnea and diabetes may also cause fatigue and raise the risk of an accident. Truck drivers taking over-the-counter medications like Benadryl or melatonin (a hormone used as a sleep aide) are also much more likely to fall asleep behind the wheel.
2. Speeding: Truckers driving over the posted speed limits have less room to stop, and are much more likely to tip over while making sharp turns. Speeding makes it more difficult for drivers to avoid obstacles in the road or surprise traffic jams. There are many instances where speeding truckers failed to see traffic stopped ahead and slammed into multiple vehicles.
3. Poor maintenance practices: Commercial carriers and drivers with poor maintenance practices are more likely to crash. For example, failing to maintain tires or airbrakes. Poor tire maintenance raises the risk of blowout accidents. Bad tires make it more difficult for trucks to grip the road, and increases the risk of rollover accidents. Truckers driving with bad air brakes cannot come to a stop while travelling downhill.
4. Loose loads: When truck drivers fail to properly tie down loads, they can shed debris that may hit other drivers. These are often the more “horrific” truck crashes you hear about on the evening news. Large or small objects fall off trucks, bounce off the roadway and into the windshields of other drivers. In the worst-case scenarios, these objects hit and kill motorists.
5. Drugs or alcohol: Truckers under the influence of drugs or alcohol are many times more dangerous than your average impaired driver. This is why the Federal Motor Carrier Safety Administration has strict guidelines on drug and alcohol testing.

Hit by A Semi Truck? You May Have Legal Options

All of these causes have a common theme. They are all preventable. Our law firm has seen from experience how trucking companies put profits before the safety of others. They may be careless during the hiring process, or neglect to perform routine maintenance. In other cases, they may hire unqualified or reckless drivers. It is important for people injured in these accidents to know they may have legal options.The Texas truck accident attorneys at Mike Love & Associates, LLC can help people injured in truck crashes hold negligent commercial carriers accountable.

Can Trucking Companies Be Held Liable for Negligent Hiring Practices?

Trucking companies are expected to practice good judgement when hiring drivers. These commercial drivers may operate vehicles weighing up to 80,000 pounds. They have an important responsibility to drive safely and in accordance with the law. There are Federal Motor Carrier Safety Administration (FMCSA) regulations that require interstate commercial trucking companies to meet certain hiring and employee retention standards. As we know from experience, companies sometimes relax these standards and hire drivers unfit for the job. Negligent hiring practices may lead to truck accidents.

Are Trucking Companies Required to Perform Background Checks?

Depending on the circumstances, companies are required to obtain certain information from the prior employers of applicants. This means employers review driver qualification files, which contains detailed information on the history of applicants. For example, a driver qualification file may include the following:

• Prior and current driver’s licenses
• Applications for employment
• Information on prior work experience at other companies
• License suspensions
• An annual list of violations and review of driving records
• Medical examination certificates

These are only a few examples. Driver qualification files contain an extensive amount of information. Furthermore, federal regulations stipulate that driver qualification files must be updated annually. The information found within changes each year.FMCSA regulations require companies to ask prior employers if drivers have a history of safety problems or substance abuse issues. They must also conduct pre-employment drug tests. Finally, trucking companies must provide new hires with a DOT (Department of Transportation) medical examination, as there are some health conditions that are automatic disqualifiers.

Why Do Companies Hire or Retain Unsafe Truck Drivers?

Conducting background checks is a time-consuming and sometimes expensive process. Trucking companies with relaxed hiring standards are generally trying to cut operating costs to save money. Although negligent hiring standards may be more common with smaller trucking companies, it affects the entire trucking industry.There are certain conditions where drivers are disqualified from being hired. For example, companies cannot hire truckers with suspended licenses or with recent histories of drug and alcohol abuse. They are forbidden from hiring drivers who have recently tested positive for drugs. Companies may also have their own policies that disqualify applicants. These same conditions apply when businesses retain truckers.When trucking companies knowingly hire drivers with poor safety records, or those who are not qualified to drive, they may be hit with negligent hiring and retention claims when their drivers cause truck accidents. The same may also be true when companies ignore their own hiring policies, or retain unsafe drivers. Depending on the circumstances, injured motorists could bring negligent hiring and retention claims against these companies.The Texas truck accident attorneys at Mike Love & Associates, LLC can help victims of truck crashes and their families hold negligent commercial carriers accountable.

Are Crashes Caused by Truck Driver Fatigue Preventable?

The Federal Motor Carrier Safety Administration (FMCSA) considers fatigued driving a major cause of truck crashes. Truckers may feel pressured to meet tight deadlines, and push themselves past their limits. In other cases, drivers may suffer from health conditions like sleep apnea, which causes excessive daytime fatigue. These factors do not excuse truck drivers or commercial carriers from being held liable when they cause crashes. If truckers are following hours of service rules, they can reduce the chances of causing a crash. Sleep apnea can be screened for and is treatable. In many cases, crashes caused by truck driver fatigue are preventable.

How Do Hours of Service Rules Prevent Truck Crashes?

Hours of service rules dictate how long truckers can drive. Interstate drivers operating property-carrying trucks weighing 10,001 or more pounds must follow these rules:

• Truckers cannot drive after 14 hours of coming on duty. For example, if a truck driver comes on duty at 8 am, they cannot drive after 10 pm. There are minor exceptions to this rule.
• Truckers cannot drive for more than 11 hours within the 14 hours after they came on duty. There are also very limited exceptions to this rule.
• After driving for eight consecutive hours, truckers must take a 30-minute resting period.

Drivers record hours of service compliance in their logbooks. These logbooks should show time spent driving and time spent in the sleeper birth. Depending on the commercial carrier, drivers may use electronic logs to record hours of service compliance.

How Else Can Fatigued Drivers Cause Truck Crashes?

Truckers can follow hours of service rules and still cause accidents, especially if they have sleep apnea. This health condition causes an interruption in a person’s breathing while they are sleeping. People who suffer from sleep apnea may wake up repeatedly throughout the night. They often experience daytime drowsiness and problems paying attention.Research has found a link between sleep apnea and truck accidents. A study published by the Harvard School of Public Health found drivers with sleep apnea are five times more likely to crash. An estimated 20 percent of commercial truck drivers suffer from the condition.Commercial carriers can screen drivers for sleep apnea. Drivers with this condition can undergo treatment so they can return to their jobs.

How Can an Attorney Prove Fault in a Fatigued Driving Crash?

Depending on the circumstances, truckers and commercial carriers can be held liable for causing fatigued driving crashes. Driver records and logbooks are useful evidence for truck accident cases. There also may be records showing a commercial carrier knew a driver responsible for a wreck had a condition like sleep apnea. These are only two small examples, and there are many possibilities depending on the circumstances.The Texas truck accident attorneys at Mike Love & Associates, LLC can help victims of fatigued driving accidents hold truckers and commercial carriers accountable.

Are Truckers Responsible for Causing Accidents During Bad Weather?

Texas is no stranger to extreme weather conditions. We have thunderstorms, tornadoes, snow (sometimes) and the occasional hurricane. Depending on the time of year, driving in Texas can be a scary experience. Bad weather also makes truck accidents more likely. The difference between car accidents and truck accidents caused by bad weather, is that the latter should never happen in the first place. Regulations exist to prevent bad weather truck accidents.

Are There Rules to Prevent Bad Weather Truck Accidents?

Federal Motor Carrier Safety Administration (FMCSA) Rule CFR §392.14 requires commercial truckers to use extreme caution during hazardous conditions. These conditions are not exclusive to weather. The rule mentions snow, ice, sleet, fog, mist, rain, dust, smoke or other conditions that “adversely affect visibility and traction.” Truckers must reduce their speed when these conditions exist. If conditions make driving a truck sufficiently dangerous, truckers must pull over until it is safe to drive again. Truck accident lawyers call this the “extreme caution rule.”The Texas Commercial Motor Vehicle Handbook also has suggestions and requirements for truckers driving in bad weather. For example, truckers are expected to:

• Check lights and reflectors from “time to time” during bad weather.
• Check brakes, tire pressure, fluid levels and wipers to ensure they can work during extreme weather conditions.
• Look for signs of road icing.
• Remove ice from windshields or mirrors.
• Adjust driving speed, turning and braking to weather conditions.

These are just a few examples of suggestions and regulations found in the Texas Commercial Motor Vehicle Handbook. There are additional requirements depending on the type of weather. For example, truckers are expected to check tire pressure every 100 miles or two hours in hot weather to prevent blowouts.Attorneys can pull from multiple sources and regulations to show when commercial drivers are liable for bad weather truck accidents.

When Might Weather Affect Liability for a Truck Accident?

Let’s say for example, a truck driver causes an accident during a severe winter rainstorm. This driver spun out of control and jumped the median, colliding with multiple passenger vehicles. An investigation into the accident reveals the driver did not slow down to accommodate for dangerous weather conditions. Instead, the driver was travelling at the normal posted speed limit. In addition, it was discovered the truck’s tire pressure and tread could not safely maintain traction with the road.A truck accident attorney could argue this driver did not follow the extreme caution rule and did not properly maintain the vehicle. Motorists and passengers injured by this driver may have legal options to pursue damages.