TRUCK ACCIDENT LAWYER
INJURY & MALPRACTICE ATTORNEY SERVING CLIENTS NEAR DALLAS, FT. WORTH, PLANO, ARLINGTON, IRVING, NORTH TEXAS & ARKANSAS
Commercial trucks have a higher center of gravity, potentially dangerous cargo, and weight that can exceed 80,000 pounds, which are all contributing factors to the tragedy that can occur if they are involved in an accident. When a passenger vehicle is involved in a truck accident, not only is the car catastrophically damaged but those inside are often critically injured or killed.
If you or a loved one was injured in a truck accident, your family may be dealing with:
Hospital bills
Medical expenses
Rehabilitation expenses
Lost wages and income
Lifestyle modifications to cope with disability
Diminished quality of life
Pain and suffering
Truck accident cases are more complex than the common car accident, having their own set of state and federal regulations. If you were injured or have experienced the loss of a loved one in truck accident in the North Texas area, our Dallas lawyers can help you hold the negligent parties responsible.
For a free case evaluation, contact the Dallas truck accident attorneys at Polewski & Associates by calling 972-587-6882. We are committed to helping victims recover the financial compensation that they rightfully deserve.
Common Causes of Truck Accidents
Truck accidents cause nearly 90,000 injuries and 5,000 deaths per year in the United States. While there a number of scenarios which can result in a truck accident, there are some that are more common than others.
Some of the most common causes of truck accidents we tend to see include:
Driver fatigue: Truck driver fatigue is perhaps the most common cause of truck accidents in America. While federal regulations mandate that truck drivers have minimum amounts of rest and time off, drivers and employers often ignore these safety rules in an effort to make more money. When drowsy truck drivers become inattentive behind the wheel, your safety is jeopardized.
Drug use: Often when a truck driver is driving under the influence, the cause of impairment is not alcohol but amphetamines. Generally they are used with the intent of keeping drivers awake, but this can put both the truck driver and other motorists in danger.
Oversized loads or improperly secured cargo: Sometimes the storage compartments of commercial trucks are overloaded to meet supply demands, but this can throw off a truck's balance and center of gravity, increasing the likelihood of an accident.
Reckless driving: While all truck drivers should adhere strictly to safety guidelines, sometimes the pressure to meet deadlines can affect their judgment in driving.
Distracted driving: Drivers who are texting while driving, fiddling with GPS devices, or engaging in other activities pose a threat on the roads.
Overloaded Trucks
An overloaded truck leads to more accidents and increases the probability of an accident occurring due to the following issues:
Increased stopping time and distance
Greater risk of tire blowout
Increased downhill speed
Greater risk of rollover accident
Risk of bridge and overpass collapse
If one of these occurs while passenger vehicles are nearby, the outcome could be catastrophic. Injuries are typically severe, and could lead to disability, disfigurement or amputation. Tragically, accidents involving tractor trailers often result in the wrongful death of one or more individuals involved.
Override Accidents
In an override accident, the front end of a large truck runs over a smaller vehicle, such as a passenger car or a motorcycle. There are many potential causes of override accidents, including:
Brake failure on the truck
Truck driver fatigue
Tire blowout
Improper truck maintenance
Reckless driving
Trucker tailgating
Adverse weather conditions
Underride Accidents
Underride accidents occur when a smaller vehicle such as a car or motorcycle crashes into a truck and slides beneath the truck’s undercarriage. In most underride accidents, the roof of the car is either crushed or ripped off, causing severe injuries to the vehicle’s passengers such as:
Brain injuries
Spinal cord injuries
Decapitation
Death
Underride accidents can occur from both rear-end collisions and collisions with the side of a truck’s trailer. Rear-end underride accidents are often caused by a truck stopping short when a vehicle is traveling too close behind. Side collision underride accidents often occur when a truck is backing out of a driveway into a road containing a steady flow of traffic.
In these cases, the drivers of passenger vehicles often do not see the truck backing out until it is too late to stop in time. These accidents are more likely to occur at night when it is difficult to see a truck’s trailer backing into the street due to poor lighting.
Truck Driver Fatigue
In an ongoing effort to improve highway safety, the Federal Motor Carrier Safety Administration (FMCSA) regulates the number of hours truck drivers may operate to ensure that they are not driving while fatigued. Approximately 4,000 people die in large truck crashes each year and driver fatigue is considered to be the leading factor.
The FMCSA has enacted “hours of service” laws for truck drivers in order to help put an end to fatigued driving. These laws include:
Drivers must take a 30-minute break within the first 8 hours of their shift in order to stay alert.
Drivers are required to take rest periods and are not permitted to drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty.
Truckers may not drive more than 60 hours in a 7 day period, or 70 hours in an 8 day period.
Research on the matter demonstrates that extensive work hours without sufficient recovery time actually leads to reduced sleep and chronic fatigue. In turn, drivers tend to have slower reaction times and a reduced ability to assess situations quickly due to their fatigue.
Like most people, truck drivers are often unable to assess their own fatigue levels and evaluate their performance on the roads accurately. Though these rules set forth by FMCSA have been challenged in court by those who felt they weren't restrictive enough and others who found it too restrictive, the court ruled in favor of the FMCSA and the rules that have been put in place.
The rule still allows for FMCSA to grant waivers to industries or companies for specific reasons determined on a case-by-case basis.
source TRUCK ACCIDENT LAWYER