Law Office of Barry J. Simon

 

 

More on Truck Accidents

truck_accident2Large trucks, also called semis, tractor-trailers or big rigs, are involved in a disproportionate number of auto accidents compared with other motor vehicles. Tragically, a much larger percentage of large truck accidents result in fatalities. The occupants of large trucks, however, are less fequently injured or killed in these crashes than other vehicle occupants. One of the most frequent causes of trucking accidents is a truck rollover. Large trucks are much more likely to roll over than other vehicles. Big rigs have a high center of gravity, particularly when carrying a payload. Partially filled tankers and uneven loads that shift during turns can cause a truck rollover accident, even at slow speeds. A personal injury lawyer can often determine if negligent trailer loading caused a truck rollover.

Another frequent cause of large truck rollover is tripping. Tripping can occur when the wheels of a large truck strike something (e.g. a curb) while turning. Large trucks can also be "tripped" by the slope when turning while descending a decline. When a large truck puts a tire off of the pavement, it can cause the tire to rut into the ground, resulting in tripping and subsequent truck rollover.

Of course, a truck accident can occur simply from making a sharp turn or maneuver, especially if it is pulling two or three trailers. The g forces required for large truck rollovers are much less than for an automobile. Trucking accidents can also be caused by truckers suffering "highway hypnosis" or from fatigue brought on by stretching federally mandated limits on consecutive hours behind the wheel.

Trucking companies may dispatch lawyers to the scene of an accident immediately after learning of it. These attorneys are determined to protect the trucking companies from lawsuits, so they may attempt to have evidence destroyed, cover up any inconsistencies in driver's log, etc. Your best bet is to hire a trucking accident lawyer of your own. Please contact the Law Office of Barry J. Simon to investigate your accident and pursue litigation.


Every year, nearly 500,000 large trucks (tractor-trailers or "semis") are involved in traffic accidents in the United States. Approximately 5,000 of these accidents involving semi trailer trucks result in fatalities. In fact, one out of every eight traffic fatalities is caused by a collision with a large truck. Not surprisingly, most of the deaths and injuries involve the passengers of the vehicles struck by tractor-trailers. Truck drivers typically escaped unscathed.

The Federal government requires tractor-trailer and other large truck operators to acquire a commercial drivers license and undergo limited drug and alcohol testing. However, many truck safety advocates question the effectiveness of the licensing and testing program.

A more pressing matter, according to safety experts, is truck driver fatigue. New rules implemented by The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) in 2003 allow drivers to drive 11 hours after 10 consecutive hours off-duty. Also, drivers may not drive beyond the 14th hour after coming on-duty, following 10 hours off-duty. Similar to existing rules, drivers may not drive after being on-duty for 60 hours in a seven-consecutive-day period or 70 hours in an eight-consecutive-day period. This on-duty cycle may be restarted whenever a driver takes at least 34 consecutive hours off-duty.

Short-haul truck drivers--those drivers who routinely return to their place of dispatch after each duty tour and then are released from duty--may have an increased on-duty period of 16 hours once during any seven-consecutive-day period. The 16-hour exception takes into consideration legitimate business needs without jeopardizing safety. FMCSA estimates that without the extra two on-duty hours, the industry would be required to hire at least 48,000 new drivers, actually reducing crash-reduction benefits.

The current rule allows 10 hours of driving within a 15-hour on-duty period after eight hours of off-duty time. Also, drivers may not drive after their 15th hour on duty in a workday or after 60 hours on-duty in seven consecutive days or 70 hours on-duty in eight consecutive days. The FMCSA estimates the new rule will save up to 75 lives and prevent as many as 1,326 fatigue-related truck crashes annually. There were an estimated 4,902 truck-related fatalities in traffic crashes in 2002.

With the pressure to deliver their loads, however, drivers often continue when prudence suggests otherwise. In a recent survey, 20% of long-haul truck drivers admitted to falling asleep at the wheel within the past month.

If you have been injured or a loved one has been killed in an accident involving a tractor-trailer or other large truck, it is important to consider your legal options. Many truckers are employed by large corporations that may put delivery of their goods ahead of your safety. Don't pay for the transportation industry's greed. Whether you are a truck driver injured through no fault of your own or an individual injured in a truck related traffic accident it may be important to contact an attorney who can help you protect your legal rights. Please keep in mind that there may be time limits within which you must commence a truck accident lawsuit. Please contact the Law Office of Barry J. Simon for a free consultation.   In California (877) 733-4393 or (310) 578-5883, in Nevada (775) 853-8041.  You may also email Barry J. Simon at bsimon4370@aol.com.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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