Truck Accidents: Why They Happen and Why They Shouldn't

 

It is critical to begin investigating the accident as soon as possible so that the cause of the accident can be determined and evidence is preserved. There are a variety of types of information that are relevant to your claims, including:

                   Information about previous violations of regulations by the trucking                             company or driver involved

                  The truck's maintenance records

                  The speed the truck and your vehicle were traveling

                  The location of the impact on the vehicles' exteriors

                  The truck driver's log book

                  Statements from eye witnesses and first responders to the accident scene,                     such as:

                       emergency personnel and police officers

                  Information from the truck's "black box," which records data before, during                    and after a collision

                 The trucking company's policies and procedures regarding maintenance and                   safety, and its accident history

 

Title 49 CFR Part 391: Qualifications of Drivers
Establishes driver qualifications for commercial vehicles and duties of motor carriers to ensure driver qualifications.

                   

Title 49 CFR Part 392: Driving of Commercial Motor Vehicles
Federal regulations must be followed by truck drivers, trucking companies and others involved in management, operations, and personnel management of drivers for interstate travel.

                   

Title 49 CFR Part 393: Parts and Accessories Necessary for Safe Operation
Parts and accessories to be regulated for requirements and specification for motor vehicles.

                   

Title 49 CFR Part 395: Hours of Service of Drivers
Limits driving hours that drivers can drive in a given length of time.

                   

Title 49 CFR Part 396: Inspection, Repair, and Maintenance
Establishes guidelines for inspection, maintenance, repair and reporting standards for commercial vehicles.

 

 

Driver Fatigue. The leading cause of truck accidents is driver fatigue, which far outranks accidents caused by road conditions or mechanical failure. Put bluntly, exhausted drivers of big rigs are literally falling asleep at the wheel. Federal regulations mandate that truck drivers have minimum amounts of rest and time off. Nonetheless, drivers and employers often ignore these safety rules in an effort to make more money. It is here where the specialized knowledge and experience of truck accident attorneys makes all the difference. At the Law Office of Cohen & Jaffe, LLP, we know where to look for evidence of driver fatigue and the corporate polices that put pursuit of an extra few dollars over the safety of everyone else using the highways.

 

Jackknifing occurs when a truck folds as the trailer tries to pass the cab. Jackknifing means the accidental folding of an articulated vehicle (one towing a trailer) such that it resembles the angle of a folding pocket knife. Sudden braking or turning, brake malfunction, wet or otherwise slippery roads, and uneven road surfaces can all cause a truck to jackknife. Jackknifing can be the cause of a serious truck accident or it can happen after something has collided with the truck. Most experienced truck drivers know how to correct a skid before it becomes a jackknife.

 

Stopping distance required for trucks is much greater than the stopping distance required for passenger vehicles, and trucks that follow vehicles too closely are an accident waiting to happen. Following too closely obviously does not allow a driver enough time to stop in the event the vehicle in front of you brakes suddenly. Not enough stopping distance between the truck and the vehicle in front of the truck can trigger a jackknife and cause a serious accident.

 

Blind spots in trucks are much larger than in passenger vehicles. We have all seen those signs on trucks that say, "If you can't see my mirrors, I can't see you!" Trucks have large blind spots that prevent them from seeing nearby vehicles. A truck that is changing lanes can easily collide with a vehicle in its blind spot. Experienced truck drivers know how to avoid these collisions, but not all truckers on the road are experienced.

 

 Of course, there are many other causes of truck accidents including the use of illegal (or even legal!) substances, equipment failure, etc.

 

For more information, please do not hesitate to contact me directly via email at RJaffe@lcjLawFirm.com