Truck Accidents

Truck Accidents

In 2018, a report was published by the Federal Motor Carrier Safety Administration of the United States Department of Transportation. At that year, trucking accidents considered fatal involved 5,096 large trucks; 112,000 involved in injury crashes; and 414,000 trucks involved in property damage.

‍According to the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS):
1. A total of 4,136 people died in large truck crashes in 2018.
– 16 percent of these deaths were truck occupants.
– 67 percent were occupants of cars and other passenger vehicles.
–15 percent were pedestrians, bicyclists or motorcyclists.
2. The number of people who died in large truck crashes was 31 percent higher in 2018 than in 2009.

Catastrophic damage is expected from a collision between a large truck and a typical passenger car, with the trucks typically weighing around 80,000 pounds more than a normal car. These accidents happen every single day, and can potentially cause serious injuries, brain trauma, amputations of body parts, and even death.

Usually, these are due to human error, caused by overworked drivers. What’s worse is that their cargoes are not just cottons or cushions, but frequently are heavy and hazardous materials like steel or gasoline. Imagine, changing your life drastically, just because a truck driver fell asleep while driving or was under the influence of drugs or alcohol.

Other leading causes are distractions from phones, improperly loaded cargo, poorly-maintained trucks, and equipment failure.

What to Do Following a Truck Accident

The number one rule is to be mindful.

  • If your phone is working, call the police or necessary emergency workers to assist with any of your injuries.
  • Call your family and friends.
  • Tell them about your truck accident and where you are, so they can come to your rescue.
  • Take photos and videos of the damages and injuries caused to you and your passengers.
  • Listen to and take notes of witness statements which will be taken by the police when they arrived.
  • Record them on your phone (with their permission) so you will have their clear statements at your disposal.
  • Keep all records like police reports, medical reports, and bills.

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Important Facts About Truck Accidents

1. As to size, freight trucks tend to weigh twenty times more than the weight of passenger cars. They aren’t called “big rigs” for no reason.

2. As to distance and travel time, employed drivers are often rewarded with financial incentives for traveling large distances faster. These motivations, while beneficial to the company, can conflict upon drivers’ well-being, attitude, and safety. Not to mention the passenger cars that they might possibly collide with.

3. As to insurance policies, truck drivers’ policies are up to fifty times larger than car accident policies. Hence, the insurance companies, with all their huge channels of resources, will do everything possible just to prove that they are not responsible for paying anyone.

4. As to damages, with the weight and over-all size of a “big rig”, more serious damages are expected to the surrounding property and people involved. Broken bones, severe lacerations, blindness, and loss of memory are just few of the possible disastrous effects.

Companies and insurers have deep pockets to use in trying to escape liability in truck accidents. After a truck accident, they will be already assembling their own legal team to fight your claims. This is why getting a free case evaluation with a truck accident attorney would be beneficial to you in the long run and could prevent thousands or millions of dollars worth of mistakes or stress.

Common Federal Motor Carrier Safety Administration (FMCSA) Violations

Trucking is an interstate business, meaning it takes place over several different states. Oftentimes the trucking company headquarters, pickup location, and delivery location are all different states. Trucks then have to drive through multiple other states to make a delivery. This can make compliance with various state laws more difficult because states have different laws, rules, and regulations pertaining to shipping and large commercial vehicles.

This is why there is a federal agency known as the Federal Motor Carrier Safety Administration (FMCSA). This agency sets rules and regulations on a national level which set the minimum requirements that all truck drivers and trucking companies must comply with. Many of the regulations are aimed at safety. When an FMCSA regulation is violated which causes a trucking accident in Las Vegas, Nevada, it could result in liability for the truck driver or trucking company.

Some of the most common FMCSA violations that could result in liability include the following:

Because fatigued driving is dangerous driving, the FMCSA has set hours of service (HOS) regulations governing the conduct of commercial truck drivers. This are split into two categories; passenger-carrying drivers and property-carrying drivers.

Passenger-carrying drivers may only drive for a maximum of 10 hours after 8 consecutive hours off duty. Passenger-carrying drivers may not drive after having been on duty for 15 hours, following 8 consecutive hours off duty. The off-duty time is not included in the 15-hour window.

For property-carrying drivers like most truck drivers in 18 wheelers, box trucks, and big rigs, the HOS regulations are more complicated. They are the following:

24-hour clocks of a maximum of 14 hours on duty, following by a minimum of 10 hours off duty (resting)
Cannot drive more than 11 hours per a 14 consecutive hours on duty
Maximum of 8 consecutive hours of driving before a mandatory 30-minute break
May not drive beyond the 14th consecutive hour after coming on duty until there has been 10 consecutive hours of a break
May not drive after 60/70 hours on duty in a 7/8 consecutive day period, which the consecutive day period only restarts after taking 34 or more consecutive hours off duty.

Whenever cargo falls off of a truck due to an improper load or unsecured load, a victim who is injured may have multiple FMCSA and Nevada statute claims against the trucking company and truck driver.

Specifically under the FMCSA regulations, 49 CFR section 392.9 requires a truck driver and trucking company to inspect their vehicle and cargo before the being the delivery. A truck driver must also inspect the cargo:

Within the first 50 miles of beginning a delivery
Reexamine the cargo and securement devices whenever one of these conditions comes occurs:
The driver changes duty status (on duty or off duty per the HOS regulations)
The truck has been driver for more than 3 hours
The truck has been driven for more than 150 miles

The FMCSA regulations are the strictest drunk driving rules in the entire country. Not only is a truck driver not permitted to have a BAC over 0.0, but a truck driver is not allowed to consume any alcohol within four hours of starting a shift. If you were injured in a Nevada trucking accident caused by a truck driver who is intoxicated, you have a very strong case against the truck driver and trucking company.

If a truck is disabled on the side of the road it can be a very serious and deadly hazard. This is particularly true at night or during inclement weather. Even if you strike a truck that is stopped on the shoulder off the road, the truck driver may be liable for your accident if the FMCSA regulations governing a disabled truck are not met.

The regulations under 49 CFR section 392.22 require the following:

Emergency hazard flashers to be turned on immediately when stoppedAfter 10 minutes of being stopped on the roadway, a truck must place warning devices:Approximately 10 feet from the stopped truck in the direction of approaching trafficApproximately 100 feet from the stopped truck in the direction of approaching traffic, andApproximately 100 feet from the stopped truck in the direction of oncoming traffic.
Emergency hazard flashers to be turned on immediately when stopped
After 10 minutes of being stopped on the roadway, a truck must place warning devices:
Approximately 10 feet from the stopped truck in the direction of approaching traffic
Approximately 100 feet from the stopped truck in the direction of approaching traffic
Approximately 100 feet from the stopped truck in the direction of oncoming traffic

Truck drivers are outright prohibited from texting while driving. If your trucking accident was caused by a truck driver who was texting at the time of causing your accident, or if a trucking company required its truck drivers to text, that could result in liability against both defendants under FMCSA regulations.

Q&A

A car accident is the beginning of your worries. Navigating the procedures surrounding an insurance claim can be tricky and is subject to potential pitfalls, especially if fault is disputed. Insurance companies may attempt to obtain recorded statements and conversations from you to obtain a confession or soundbites down the road. Insurance companies may attempt to settle your claim for far less than its true value. A car accident lawyer can protect you from tricky insurance tactics and puts someone with the knowledge of the law to fight for you at the front line.

Michael Hua Injury Law works on a contingency fee. You only pay when your car accident lawyer wins your case. This allows people in all stages of their life the ability to afford and retain an attorney. This is especially important when you are faced with a sea of medical bills and inconvenience from a car accident. Car accident lawyers at Michael Hua Injury Law do not take a fee for any portion of money received for vehicle repairs, tickets, or replacements and we essentially only take a fee from the injury side of your case. We also fight to reduce your medical bills.

Michael Hua Injury Law will get in contact with you within 24 hours after you submit a form. We typically provide same day service if you call us. We will meet you for a free consultation where we dive deep into your case with you at your choice of phone, in person, or online video conference. We work as efficiently as possible to resolve your case so it does not continue any longer than necessary.

Yes. The car accident lawyers at Michael Hua Injury Law will focus on your case, the evidence, speaking with expert witnesses, and negotiating on your behalf so that you may recover and move on with your life. We know what to look for and how to get it. If necessary, we will see your case through to the end until you receive full and fair justice and compensation.

A settlement value may substantially vary depending on the facts and circumstances of your accident. Your repair bill, medical bills and records, and the nature of your injuries may all play a factor in what an insurance company may pay.

The information here is for informational purposes only. No article can substitute for the advice from an experienced attorney. If you believe you require legal assistance, we recommend you speak to an experienced car accident lawyer. Michael Hua Injury Law will give you the fair fight and full justice that you deserve. Click here to learn more about all other personal injury cases. Contact us for a free consultation where we will deep dive into the facts and circumstances of you case.