There are more large trucks than ever on the roads today, and that results in more truck accidents, more serious injuries and more truck accident fatalities. When large trucks are on the road, they are "on the clock" and usually running on tight schedules, with tight deadlines. A truck driver facing a missed deadline faces lost earnings, so he drives faster, which often leads to a serious or even fatal truck accident. Even truck accidents that are not fatal usually cause serious and permanent injuries, including broken bones, scars, and all manner of back, neck, spinal cord and even brain injuries. Not surprisingly, truck accidents often result in wrongful deaths, usually to the drivers and passengers in any smaller vehicles involved.

In addition to tight delivery deadlines, truck accidents may be caused by shifting cargo, truck driver fatigue and excess hours, excess cargo, worn tires and brakes, and a host of other preventable situations. Trucks are involved in over 10% of road and highway traffic accidents; but of those 10%, virtually every single truck accident injures or kills the occupant(s) of the other vehicle(s) involved!

Trucks are the most dangerous vehicles on the road today. But why do truck accidents occur? The answer is -- for many reasons. Usually, it is due to a combination of a truck’s unique physical and design features, and its immense size, weight, power and performance, all of which affect its acceleration, braking and visibility. Other common causes of truck accidents include:

• Overloaded truck
• Oversized truck
• Poor screening & training of truck drivers
• Poorly maintained brakes on the truck
• Reckless driving
• Unsafe road conditions
• Truck drivers drinking alcohol or drug use
• Driving in conditions of poor visibility due to smoke, fog, snow or rain
• Poorly maintained tires
• Speeding
• Wide turns
• Blind spots
• Fatigue, sleepy or tired drivers driving too many hours without rest
• Running off the road
• Failure to yield the right of way

Unsafe safety systems, reflectors, lights and other warning devices

These are just a handful of the more common reasons for a truck accident. Ironically, in most truck accidents the truck driver walks away unharmed, leaving their victims with severe to life-threatening injuries. One-quarter of the truck accidents that occur in the United States involve 18 wheelers and large tractor trailers.

Recent statistics show:

• Every day 90 people in the U.S. are injured or killed in a truck related accident.
• More than 450,000 large trucks are involved in crashes each year.
• More than 1,000,000 people were involved in the crashes.
• More than 5,000 are killed each year.
• More than 140,000 injuries occur due to a truck accident.
• One third of those injured suffered catastrophic injuries.

Of course, a truck accident can be caused in the same way as many car accidents – through reckless driving, speeding, and mechanical faults. Truck accident injuries can be devastating for both the accident victim and their entire family. Unfortunately, given the size of some trucks, a relatively low impact truck accident can often lead to a catastrophic injury or even death. In most cases, victims experience problems with hospital bills, doctor bills, loss of income, and property damage as well as mental and physical pain and suffering.

Those involved in a truck accident in any way could be eligible for compensation. You may have been injured as the result of a collision with a truck, which was not your fault. A family member may have been killed through a truck accident. You may even be the driver of the truck and was injured through no fault of your own, such as faulty servicing. Or you may have been affected by a spill that resulted from a truck accident, where you were exposed to toxic substances. Whatever the situation, if you feel that you have been injured or affected as a result of a truck accident you may be able to make a claim.

It is advisable to seek legal assistance as soon as possible in order to determine whether you have grounds to file a claim for compensation. An experienced lawyer will be able to determine the viability of your case, and can also discuss the various legal options available to you. He or she can then put together as solid a case as possible to ensure that you are compensated for any harm or injury caused as a result of a truck accident.

IMPORTANT: If an insurance claims agent for the person at fault calls to "interview" you, decline -- at least until you have spoken with an attorney. Despite what the insurance agent might tell you, he is NOT "just trying to help."

Truck Accident Laws & Regulations:

The Federal Motor Carrier Safety Regulation (Title 49, Parts 350-399) governs all vehicles engaged in interstate traffic, and is of particular use to you if you have been injured in a truck accident and are looking for legal rights. The first step in analyzing a truck accident is to look at the conduct and responsibilities of the trucker to understand how they should have properly operated their truck. Was the truck properly maintained to meet standards? Was the truck properly loaded? Was it inspected and tested in accordance with regulations and industry standards? Was the driver properly trained for the tasks involved? Was the trucker physically and mentally capable of engaging in such a high-risk profession? Was alcohol or other drugs involved in the accident? Did the truck driver maintain proper driver logs?

Before proceeding to the actual laws & regulations regarding the truck accident, it is necessary for you to understand certain legal parameters such as:

Who can make a claim in a truck accident injury or death case? Who can seek financial compensation in a truck accident injury or death case?

Anyone who is injured in a truck accident can seek financial compensation as long as some other person or entity is at fault for the accident. Under such case, a child can seek monetary damages through a guardian or parent. In a death case, either the surviving family members or the deceased person’s estate can make the claim depending on the State’s laws where the accident occurred.

Who can be sued in a truck accident case?

Any person or entity that was at fault for causing the accident can be sued. This includes the truck driver and the trucking company, the owner of the trailer, the shipper, as well as any other driver, person or entity who in anyway contributed to the accident. A manufacturer of one of the vehicles involved in the accident may be sued if a vehicle defect contributed to the accident, including the manufacturer of a tire that contributed to the accident. The owner of any public or private property whose negligence contributed to the accident may also be sued.

The use of Federal Motor Carrier Safety Regulation (Title 49, Parts 350-399) is an important tool for victims (it may be YOU) to establish liability in truck cases and to show how the negligent conduct of the truck driver caused the collision. Various sections of the Federal Motor Carrier Safety Regulation, as well as the U.S. Department of Transportation Codes, are the most regularly used in litigation against defendants. Some of these regulations and codes are mentioned as follows:

• §383 contains minimum uniform Commercial Driver’s Licenses. It deals with drug testing, required knowledge and skills of the drivers, driver’s federal disqualification, employers’ responsibilities and requirement to obtain a driver’s license.
• §385 imposes regulations on the company under the general category of Safety Fitness.
• §387 sets the minimum of insurance coverage to be on file at $750,000 per carrier operating in interstate commerce and $1 million per carrier transporting hazardous cargo in interstate commerce.
• §390 deals with the trucking company’s minimum requirements.
• §391 deals with the minimum qualification of drivers and the duties of carriers with respect to insuring these qualifications are met.
• §392 deals with the operation of motor vehicles. It directly deals with the driving practices under specific circumstances.
• §393 deals with vehicle options necessary for safe operation. Thus, it regulates the mechanical condition of many parts of the rigs.
• §395 sets out the hours of the service rules. This includes driver’s hours of operation, including maximum hours on duty, off-duty, and in sleeper berth.
• §396 deals with the inspection, repair and maintenance of vehicles.
• §397 deals with the transportation of hazardous materials, driving requirements and parking rules.

For a free confidential consultation to understand your rights, contact us online or call at 480-281-3838 to arrange a consultation. When results matter, choose The Watkin Law Office, P.C.

The Watkin Law Office, P.C. represents serious injury and wrongful death clients throughout Arizona, including Phoenix, Scottsdale, Tempe, Mesa, Chandler, Gilbert, Glendale, Peoria, Cave Creek, Carefree, Fountain Hills, Paradise Valley, Surprise, Queen Creek, Apache Junction, Goodyear, Casa Grande, Gila Bend, Tucson, Flagstaff, Sedona, Prescott, Wickenburg, Sun City, Anthem, Payson, Yuma, Lake Havasu City, Kingman, Show Low, Pinetop, Lakeside — Maricopa County, Pima County, Pinal County, Coconino County, Yuma County, Navajo County, Apache County, Mohave County, Yavapai County and Gila County.