TRUCK DRIVER NEGLIGENCE

If you’ve been in a truck accident, determining negligence will help you prove who is at fault for the accident, and can impact the compensation you receive for your injuries.

DRIVER FATIGUE: THE NUMBER ONE CAUSE OF TRUCK DRIVING ACCIDENTS

Though the Department of Transportation (DOT) and Federal Motor Carrier Safety Administration (FMCSA) have set limitations on the number of hours truck drivers can be on the road consecutively before a mandated break, drivers often face pressure from trucking companies and customers to deliver loads as quickly as possible, meaning they may drive beyond their regulated hours.

Driver fatigue is the number one cause of truck accidents, and driver logbooks – legally required documentation of a driver’s hours – can help in determining that fatigue and driver negligence are to blame for an accident.

DISTRACTED DRIVING

Distracted driving is a common cause of truck accidents not only due to increased cell phone usage while driving, but also because trucks are equipped with GPS and navigation systems, electronic logging devices (ELDs), and company phones, which can take a driver’s attention off the road.

Truck drivers who text while driving are approximately 23 times more likely to be involved in or cause a crash or near- crash, but other examples of distracted driving could be eating, grooming, or checking navigation.

DRIVING UNDER THE INFLUENCE

Per the Federal Motor Carrier Safety Administration (FMCSA), a truck driver is considered under the influence with a blood alcohol content (BAC) of 0.04% – half the legal limit of non- truck drivers. While this is meant to prevent accidents, they are not uncommon and can lead to serious injury.

Recreational marijuana legalization has expanded in recent years to include more and more states, but truck drivers are subject to federal law which has not legalized recreational marijuana. They may be subject to random drug testing by their employer or the Department of Transportation, and any truck driver who fails a drug test can be suspended or removed from their position. Again, while meant to deter substance use, the reality is many trucking companies may not strictly enforce these policies and accidents resulting from recreational marijuana use or other narcotic use carry serious consequences and can lead to life- altering injuries.

SPEEDING

Large trucks require more time and space to come to a complete stop, making speeding particularly dangerous. For example, a truck going just 65MPH can take up to two football fields to come to a stop. If traffic abruptly stops or drivers aren’t paying attention, they can cause detrimental accidents.

TIRE BLOWOUT

Truck owner/operators are responsible for regular maintenance of their trucks and trailers, and for keeping accurate records of maintenance. A tire blowout, when a tire suddenly explodes, can be caused by defective tires, poor maintenance, overloading, impact, or underinflation. Tire blowouts can cause truck drivers to lose control suddenly, causing serious accidents, including the potential for rollovers, jackknifes, and flying debris in the road, as well as multi- vehicle pile- ups, rear- end collisions, and even head- on collisions if a truck driver veers into oncoming traffic.

In the event of an accident caused by a tire blowout, a truck driver, trucking company, or even a tire manufacturer can be found liable.

CARGO

Truck drivers carrying cargo loads need to be careful to check their blind spots when merging or changing lanes to avoid an unnecessary collision with a driver, and cargo loads can be particularly dangerous if loads shift and fall while being transported. Falling cargo can cause serious accidents, hit other vehicles, or even spill hazardous material on to the road.

Truck drivers, trucking companies, parts manufacturers, and those responsible for loading/securing the cargo can be held liable for an accident if your attorney can prove their negligence.

DRIVER HEALTH

Trucking companies might disregard screening their employees for potential medical conditions that may impact their health, which can in turn affect their driving on the road.

The state of Michigan is one of few states that allow for certain types of serious medical conditions – heart disease, diabetes, and seizures among them – in truck drivers. Some companies may fail to screen drivers for narcotics, which can lead to driver negligence, recklessness, and serious accidents.

FOG AND OTHER INCLEMENT WEATHER

Inclement weather and fog, in particular, can cause reduced vision while driving. Truck drivers should exercise increased caution when driving in inclement weather to avoid unnecessary collisions.

TYPES OF TRUCKS THAT CAN BE INVOLVED

• 18 Wheelers
• Flatbed trailers
• Vehicle carrier trucks
• Log carriers
• Tractor- trailers
• Dump trucks, garbage trucks
• Construction trucks, concrete mixers
• Postal trucks, FedEx, UPS, delivery trucks
• Tow trucks

CALL KAJY LAW

Kajy Law’s Truck Accident Team has a documented history of success with helping truck accident victims receive the justice and compensation they deserve. We’ll do everything in our power to win your case while providing the care and support you need along the way.

Call 877-KAJY- CARES or fill out our contact form to schedule a free consultation.