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

Accidents involving trucks are often catastrophic, simply due to their weight and massive size; this means they often end in serious injuries and even death.  The size and structure of trucks compared to that of passenger vehicles and how trucks are driven is very different.  Your attorneys should be very familiar with State and Federal regulations regarding the operations and maintenance of these trucks in order to win a truck accident case, and should also be knowledgeable about the records and documents these companies are required to maintain.  It is essential that a lawyer knows how big rigs operate, how those who drive these trucks are trained, and the common shortcuts taken by trucking firms in order to make profits.

Investigating a Trucking Accident

In order to preserve evidence and determine the cause of an accident, it is crucial that investigations begin right away.  When it comes to filing a claim, there are numerous types of information that are relevant and that you need to be aware of, including:

Information regarding prior violations of regulations by either the driver of the truck or the trucking company

The truck driver’s log book
Maintenance records for the truck involved in the accident
The speed at which your vehicle and the truck were traveling
Location of impact on vehicles’ exteriors
Statements from first responders to the accident scene and eye witnesses, which may include:

Police officers and emergency personnel

Black box information retrieved from the truck, which records data prior to, during and after a collision

The trucking company’s accident history and company procedures and policies regarding safety and maintenance

The Law That Governs Safe Truck Operation:

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.

Common Causes of Truck Accidents:

Driver fatigue.  Driver fatigue is the number one cause of accidents involving trucks; driver fatigue far outranks accidents caused by mechanical failure and road conditions.  To put it simply, drivers who are exhausted are falling asleep at the wheel, putting their own lives and those around them in danger.  Though federal regulations require that truck drivers have minimum amounts of time off and rest, many drivers and their employers ignore these safety rules due to a desire to make more money.  This is the area where experience and specialized knowledge make a huge difference in how effective a truck accident attorney will be in protecting the clients’ rights.  At the Law Offices of Cohen & Jaffe, LLP, we know where to look for evidence of driver fatigue as well as the corporate policies used by trucking companies to put profitability over the safety of their own drivers and other motorists sharing the highways.

Jackknifing, or the accidental folding of a vehicle towing a trailer in a way that it resembles the angle of a folding pocket knife, is another common cause of truck accidents.  This occurs when the trailer tries to pass the cab, causing the truck to fold.  Causes of jackknifing are sudden turning or braking, slippery or wet roads, uneven road surfaces and brake malfunction.  A truck that jackknifes can cause a serious accident; the truck may also jackknife after a car, truck or other object has collided with the truck.  Drivers who are experienced know what to do to correct a skid before it becomes a jackknife.

Trucks that follow other vehicles too closely are an accident in the making; the distance that it takes a truck to stop is much greater than the distance it takes a regular vehicle to stop.  When a truck is following closely “on the bumper” of another vehicle, so to speak, and that vehicle brakes suddenly, chances are the driver of the truck will not have time to stop and will collide with the vehicle in front of them.  Jackknifing can easily occur when a truck follows too closely and is forced to brake suddenly, resulting in a serious accident.

We’ve all seen the signs on trucks that claim “If you can’t see my mirrors, I can’t see you!”  This is very true; trucks have much larger blind spots than regular vehicles, often preventing the driver from seeing vehicles around him.  When a vehicle is in a blind spot, a truck can easily collide with that vehicle while changing lanes.  Drivers who are experienced understand how to avoid such collisions, but unfortunately not all truckers on our highways and interstates today are experienced.

There are numerous other causes of truck accidents including driving under the influence of drugs (legal or illegal) or alcohol, equipment failure, driving too fast for weather conditions, etc.

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

Richard S. Jaffe, Esq.
Law Office of Cohen & Jaffe, LLP
www.lcjLawFirm.com