| According
to the United States Department of Transportation's Federal Motor
Carrier Safety Administration (FMCSA), in 2001 5,082 people were
killed and 131,000 suffered injury as the result of collisions involving
a large truck. Of those, a third suffered severe brain damage or
loss of a limb. This equals more than sixteen truck-related injuries
an hour, and more than fourteen truck-related deaths a day.
There are many legal remedies open for individuals who are injured
- or for the families of people killed - as a result of large truck
accidents. Not only are the drivers of the trucks liable for these
accidents, but in many cases so are the trucking companies that
employ them.
Causes of Truck Accidents
The three most common factors cited for drivers of large
trucks are speeding, running off the road or out of the traffic
lane due to driver fatigue, and failure to yield the right of way.
Speeding (exceeding the speed limit or driving too fast for conditions)
was a factor in 20% of the fatal crashes involving large trucks.
Danger to Truck Drivers and Other Motorists
The word "crashworthy" means that a vehicle is
capable of protecting its passengers and others during most "real
world" accidents. Yet large trucks are the least crashworthy
vehicles on the road. Over half the fatalities in trucks occur in
rollover accidents because of weak roofs; a fact known to the manufacturers
for at least 15 years.
"Underrides"
Many trucks have inadequate protection to protect other
vehicles from a type of accident called "underrides."
Trucks are much taller than passenger cars. If a truck stops suddenly,
it is possible for a smaller passenger car to continue forward and
go underneath the rear trailer. The passenger compartment impacts
the bottom of the trailer. If the passenger vehicle is going fast
enough, it is likely that the entire roof of the car can be sliced
clean away. These kinds of accidents kill about 1,000 people a year
- all of them occupants of passenger cars. In fact, automobile occupants
are killed in 98 percent of all underrides, according to the Insurance
Institute for Highway Safety. The trucking industry, however, has
been woefully slow to move. In 1996, the National Highway Traffic
Safety Administration required that all trucks made after 1998 have
adequate rear underguards. These rules do not apply to the estimated
2 million older vehicles that are still on the road and which do
not have to be retrofitted. In addition, the rules do not require
underguards for the sides of tractor-trailers.
Other Factors in Truck Accidents
- Many truck driver training schools do not provide adequate
instruction;
- There is no system to evaluate school training and no Federal
requirement for drivers of large trucks to receive formal training;
- There is no nationally-organized truck driver apprenticeship
training program;
- Licensing standards differ substantially among States;
- Knowledge and performance tests for licenses are inadequate
in many States;
- Many States do not require re-tests for license renewals;
- Current procedures allow drivers to often obtain more than one
license at a time from different States enabling the driver to
hide traffic violations;
- Federal regulations for trucking companies have too many exemptions
and are unclear and inadequate in many areas, including driver
disqualification standards, driver background checks, motor carrier
annual driver record reviews, driver examination, and medical
requirements or examinations.
There is an entire set of laws that specifically regulate the trucking
industry. An attorney with experience dealing with these rules and
regulations can determine whether or not a truck driver was driving
negligently.
In some states, a trucking company can destroy its records as soon
as 60 days after an accident. Therefore, it is extremely important
to contact an experienced attorney as soon as possible after the
accident.
Your vehicle may also play a key role in reconstructing how an
accident occurred. Our experts may need to examine the vehicle in
order to reconstruct how the accident happened and create a digital
computerized simulation (re-enactment). This information is often
the deciding factor in truck accident cases.
With the many intricacies involved in truck accident litigation,
finding the right attorney to represent you is crucial. Most attorneys
are unfamiliar with the steps that need to be taken with this type
of case.
Time Limits on Filing Suit
Every case has a statute of limitations that will apply.
It varies by the type of case and the state where the case is filed.
Don't wait until there is trouble or until the end of your case
to get a lawyer. Your attorney would prefer to be involved every
step of the way, to monitor your case, to guide you, to prevent
trouble, and to assist you.
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Irwin & Boesen represents persons who have
been injured in an automobile/truck accident. Please contact
us for a free case evaluation. |
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