- February 7, 2019
- Truck Accidents
Due to their large size, commercial trucks can be extremely damaging when involved in an accident. Weighing in at roughly 80,000 pounds, semi trucks can be difficult to control, especially if something in the truck or on the road compromises the vehicle’s ability to travel safely. When a truck accident occurs, it is a serious situation. Crash victims often wind up with severe injuries that may require multiple hospitalizations and surgeries, cause tremendous pain and suffering, and may be permanent or even cause death. Survivors must deal with mounting medical, hospital, rehabilitative, and household bills at a time they are unable to work.
Many truck accidents occur due to similar causes you should be aware of. If the accident is caused by the negligence or fault of the truck driver or another party, you may be entitled to compensation for your losses and the injuries through insurance or a personal injury lawsuit. While no amount of money can fully make up for the suffering from an accident, fair compensation can help alleviate your financial problems and allow you to concentrate on rebuilding your life.
Truck accident claims are especially complicated due to the state and federal rules and regulations for the trucking industry and the multiple parties and insurance companies involved. Insurance companies and their lawyers often try to deny claims, get you to settle for less than your case is worth, or make it seem as if the accident is your fault, so it is difficult to go up against them on your own.
Anyone involved in a truck accident should get assistance from an experienced Detroit truck accident attorney, and be aware of some of the most common causes of accidents.
What Are the Most Common Truck Accidents?
Truck accidents are often caused by any or a combination of the following 5 situations:
1. Violations of Safety Rules and Regulations
The trucking industry is regulated by Michigan laws and those of the Federal Motor Carrier Safety Administration (FMCSA). Michigan has adopted the FMCSA rules and regulations for its trucking industry that set requirements for physical standards, alcohol and drug testing, hours of service, cargo, weight, licensing, inspection, repair and maintenance.
Michigan regulates who is required to have a Michigan Commercial Driver’s License and special endorsements and has regulations for truck weight limits and cargo securement regulations to ensure truck contents are loaded and secured properly.
Truck drivers are required by law to maintain comprehensive records of the maintenance of their truck, stops, routes, cargo weights, and work hours. These records can provide evidence of negligence if violations or situations such as driver fatigue, improper hiring or training, improper maintenance, or an overweight vehicle contributed to an accident.
Most commercial trucks are now required to use electronic logging devices, or ELDs, to monitor a truck’s activities. If ELDs or other evidence reveals that a driver involved in an accident violated regulations by speeding, not taking their mandatory rest breaks, or being otherwise negligent, anyone injured could have a valid legal claim against them.
2. Drowsy Driving
Truck drivers are often held to strict deadlines, sometimes forcing them to drive through the night. However, there are several trucking regulations created specifically to prevent drivers from overworking and driving while fatigued and drowsy, which is a major cause of accidents.
Hours-of-service regulations are federal laws that limit the amount of time a truck driver can work during a period of time. The FMCSA states that truckers can only drive for a maximum of 11 hours, and only after they have spent 10 hours not working. The rules also require drivers to take frequent, necessary rest breaks. Truckers are required to keep logs of their time on the clock and hours spent driving.
However, trucking companies and drivers sometimes ignore these rules to serve their own purposes, endangering everyone else on the road. Any violation of hours-of-service regulations can be evidence of negligence if driver fatigue contributed to your truck accident.
3. Distracted or Impaired Driving
Drivers can be distracted by their cell phones, navigation systems, food, cosmetics, or even by other passengers or anything that takes their attention away from the road. Michigan has a law, effective June 30, 2023, making it illegal to hold and use a mobile electronic device while operating a motor vehicle in the state; nevertheless, some drivers will continue to text or speak on their cell phones while driving. Your attorney can subpoena cell phone records to determine if use was a factor in driving while distracted.
Driving under the influence of drugs and alcohol may also be a factor, and there are FMCSA truck driver drug testing and alcohol testing rules for truckers that may affect a truck accident case. The law prohibits safety-sensitive functions while using or within four hours after drinking alcohol and while having a breath alcohol concentration of 0.04 percent or more. After an accident, alcohol tests are required for truck drivers in crashes where there is a fatality, where a person is injured, or a vehicle is towed away from the scene and the truck driver is issued a ticket. Urine samples may be used to detect drugs such as marijuana, cocaine, amphetamines, opiates, and phencyclidine.
Employers bear responsibility for ensuring their drivers are not driving under the influence and are required to provide detailed information to the FMSCA about their policies and alcohol misuse prevention programs, and they may be liable if in violation.
4. Poor Vehicle Maintenance
Semi-trucks, construction trucks, or other large vehicles require more maintenance than most other vehicles, and truck companies are responsible for maintaining their vehicles and providing adequate mechanical repair and preventative maintenance. Motor carriers must keep a written maintenance schedule and records of all maintenance work performed on their vehicles. If a trucking company fails to perform these obligatory checks, they could put their drivers and everyone else on the road at risk; a poorly maintained truck might be more likely to break down or malfunction, which could easily lead to a crash.
Drivers are required to make three daily inspections of their vehicle, equipment, and cargo before, during and after the trip and note any defects in writing. If poor maintenance contributed to the crash, the trucking company, driver, maintenance worker, or manufacturer of a defective part that failed may be held liable.
5. Cargo or Trailer Issues
For big vehicles, maintaining the cargo and trailer is often as important as maintaining the engine. The FMCSA has rules that state that cargo must be firmly immobilized or secured on or within a vehicle through use of materials such as inflatable bags, shoring bars, and tiedowns.
If cargo is not packed away securely and safely, it could slip, slide, or fall while the vehicle is in motion, endangering all vehicles behind the truck. Cargo could fall into the road, creating a major road hazard. If cargo is overloaded or becomes off balance, it could tilt the vehicle, causing the driver to lose control and crash.
Trucking companies and drivers are responsible for properly loading and unloading their rigs in a way that is safe. Or, if they hire a loading company, that organization is liable for any mistakes they make in the loading or unloading process.
What Causes Most Truck Accidents?
If you or someone you love was injured in a trucking accident, it’s important to identify the cause of the crash. When drivers, trucking companies, or other parties are liable for the accident, you may be eligible to seek compensation for damages you suffered.
Regardless of what caused your accident, the compassionate personal injury attorneys at Goodman Acker P.C., understand the complexities of commercial vehicle collision cases and how to deal with major trucking companies, their insurers and their attorneys. Our knowledgeable legal team can help you recover evidence, build a case, prove liability, and pursue the compensation you deserve. With more than 150+ years of experience, you can expect exceptional representation from Goodman Acker.
Call now for a free consultation with our legal team while evidence is fresh and witnesses can be found.Get Help Now (248) 306-8729.