The Trucking Industry Can Have a Disturbing Darkside

Trucking is a demanding job by default. Companies have strict shipping deadlines, and drivers need serious focus and determination to meet the demands of their bosses. However, serious road safety issues can occur from drivers that are stretching themselves too thin to meet these deadlines. Trucker fatigue contributes to many serious road accidents.A recent USA Today article outlines the severe struggle that many truckers face. In Los Angeles, 9 truckers were awarded $8.4 million after their employer had them falsify driving logs to comply with federal regulations after driving up to 19 hours a day. This causes safety issues for the other drivers on the road, increasing the likelihood for a regular driver to be hit by a commercial truck. This is terrible, but federal regulations do exist to protect drivers from unsafe trucking practices that lead to driver fatigue.

Ways the Law Protects Drivers from Fatigued Truckers

The Federal Motor Carrier Safety Administration, says that truckers are not allowed to drive for more than 11 hours per 14-hour period, after which you need 10 hours off. Truckers are also not allowed to work more than 60 hours in 7 days, and more than 70 hours in eight days. There are also weight limits and many other regulations that exist to ensure that drivers are alert and trucks are not excessively dangerous to other drivers.Experienced truck accident attorney Mike Love used to own a trucking business, and can review your car accident case to help identify if breaches in trucking laws could have caused the accident. There are safety regulations for the trucks, truck drivers, and trucking companies that are shipping the goods.Trucking companies are competitive and often encourage truckers to work longer than is permissible by federal law, or offer trucks and equipment that are not up to regulatory standards to cut costs. This causes potential for serious injuries for truck drivers and other drivers on the road. If you have been injured in a truck accident or mistreated by an employer, a Lufkin personal injury attorney can help you find out if laws were broken, and gain coverage for the victims of negligence. Your insurance company or the guilty party in a truck accident will likely try to give you as little as possible for coverage. An attorney has a team of professionals that can strengthen your case using insider industry knowledge. 

Another Distracted Driver Accident Involving a 15 Passenger Bus

A few weeks ago, a terrible bus crash happened in Uvalde County, TX, where 13 people were killed and two were injured when a church bus and pickup truck crashed into each other. News has surfaced that the truck driver was allegedly on prescription medication, and was texting in the moments before the crash. A witness at the scene reported him for driving erratically. Distracted drivers are becoming a greater threat to our safety each day, and accidents like these are proof that more legislation may need to be passed to protect motorists.While distracted driving laws in Texas prohibit drivers under the age of 18 from texting, all drivers in school zones from using their phones, and bus drivers from using cell phones, many cities in Texas still do not have a texting and driving ban. Distracted driving encompasses more than just texting; eating, talking to passengers, adjusting the radio, personal grooming, and looking at a GPS or map, are all included under that umbrella. Below are some tips for finding out if your accident involved a distracted driver.

How Can You Prove the Driver Was Distracted?

• Ask Witnesses: Witnesses can be a great resource for finding out if the driver was on their phone or distracted, more people may have noticed the driver in the accident than you think.
• Gain access to phone records: The help of an attorney is necessary for this. Tracking another driver’s sent text messages and internet and GPS history can help prove that the driver was distracted.
• Traffic cameras: The driver could be caught at a nearby intersection using their phone or being otherwise distracted. Proving that they were on their phone in a relatively close location may not be enough to prove they were distracted, but a personal injury attorney can gain access to this footage and know if it is probable cause.

Dangerous and distracted drivers are on our roadways every day. In the event of a serious accident, receiving legal assistance from a personal injury lawyer can greatly help your chances of retrieving the evidence needed to prove that the driver was distracted. Contact the Lufkin auto accident attorneys Mike Love & Associates, LLC for answers for distracted driving accidents.

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.