Unfortunately, it has become an all-too-familiar scene: A large truck is speeding and weaving through traffic when the truck driver suddenly (and improperly) changes lanes, striking a much-smaller vehicle. Or another accident might occur when a “big rig” rear-ends a smaller vehicle that is stopped for traffic. More often than not, the results are devastating. As you might imagine, motorists who share the roadways with large trucks weighing over 10,000 pounds are at a serious disadvantage in the event of an accident.
There are certainly many good truck drivers who follow the rules of the road. We applaud their difficult job of hauling goods across the nation. But, the statistics don't lie. During the past 20 years, eighteen-wheeler traffic has more than doubled.
Data collected by the Fatality Analysis Reporting System (FARS) and Motor Carrier Management Information System (MCMIS) reported the following National Crash Facts for 2008:
• 4,066 large trucks and 247 buses were involved in crashes resulting in fatalities;
• There were 4,229 fatalities in crashes involving large trucks and 307 fatalities in crashes involving buses;
• 129,653 large trucks and 14,045 buses were involved in non-fatal crashes;
• 51,680 large trucks and 7,603 buses were involved in crashes resulting in injury;
• There were 71,329 injuries in crashes involving large trucks and 17,148 injuries in crashes involving buses;
• 77,973 large trucks and 6,442 buses were involved in tow-away crashes; and
• 2,641 large trucks and 11 buses were involved in Hazmat (HM) Placard crashes.
Source: Fatality Analysis Reporting System, Motor Carrier Management Information System
Because of their sheer size, there are many dangers specifically associated with large trucks. One such danger is the presence of significant blind spots that are located all around the front, back and sides of the truck. These blind spots prevent a truck driver from seeing a much smaller vehicle, which can lead to an improper lane change, often with catastrophic results.
Another problem can occur when a large truck attempts to negotiate a right turn. Oftentimes, a truck driver needs to swing his truck to the left in order to make the turn, leaving a smaller vehicle caught in a “squeeze” between the truck and a curb, whereby a serious accident can result. Moreover, large trucks, by their nature, need a greater stopping distance than smaller vehicles. When a large truck (weighing 10,000 pounds) rear-ends a smaller vehicle due to insufficient stopping distance, the results can be devastating.
Nahon, Saharovich, and Trotz (NST) handles all types of personal injury claims, including trucking accidents where traumatic brain injuries and death have occurred. Litigation involving large trucks presents unique and substantial challenges from many standpoints. Driver fatigue, intoxication, and improper loading are just some of the common reasons for trucking accidents. Therefore, one of the keys to successful handling of a trucking case is to be familiar with the Department of Transportation’s (D.O.T.) Federal Motor Carrier Safety Regulations (F.M.C.S.R.), which provides rules for truck drivers and trucking companies in these areas. For example, the Federal Motor Carrier Safety Regulations determine how many hours a truck driver can operate an 18-wheeler in any given day or week.
NST’s trucking practice lawyers also know that trucking companies mandate that its drivers keep detailed travel “logs” of their activities. But federal law only requires a trucking company to keep certain logs for only six months from the date it receives the log from the truck driver. We regularly seek to obtain these logs whenever possible in the hopes that it will shed more light on the case. We look for instances where a logbook might show that the driver was over his allowable driving hours, a move which might prove liability by demonstrating that the driver was fatigued. Personal injury cases are just like a giant jigsaw puzzle: we are constantly attempting to put the “pieces” back together to complete the picture. In addition, we understand that the importance of making sure that the truck driver and trucking company preserve all records. Initially, we often send out a “spoliation” letter advising the truck driver and trucking preserve this important evidence.
In addition, we often obtain the truck's “black box.” Most newer model trucks are equipped with a “black box” device that was designed to assist mechanics with repair troubleshooting; however, the device can also monitor basic fuel consumption, total miles, braking conditions and the like. An indirect benefit of this device is that it can help prove liability in a trucking accident by allowing an accident reconstruction expert to determine, among other factors, how the truck driver acted before and during the accident, the truck's speed and the rate of deceleration. Because of the crucial information contained in the “black box,” it is important to obtain this data immediately. Oftentimes, the trucking company or insurance company will not provide this data without a court order. Data has also been known to “disappear.” In the past, our firm has hired reconstruction experts to retrieve this all-important information. In many cases it has made the difference, resulting in a successful outcome for our clients.
Furthermore, understanding the nuances of these laws can make the difference in a successful claim for damages. For instance, because of safety concerns, the Department of Transportation has established regulations mandating drug and alcohol testing for over-the-road truck drivers. Therefore, it is imperative to try to obtain information as to whether a truck driver has tested positive for narcotics in the past, because this could be used as evidence against the driver and the trucking company.
Additionally, as part of the discovery process, we attempt to determine if the trucking company has failed to comply with all of the drug testing requirements, because we might be able to use this information to prove our case of liability. Moreover, the D.O.T. regulations will allow us to determine the industry standard regarding a truck driver's qualifications, his character and the experience necessary to drive a large truck. These items can prove beneficial when prosecuting these claims, perhaps even allowing our client to recover punitive damages.
Because truck accidents usually involve serious injury or death, the stakes are high. It is important to contact a lawyer immediately to gather as much evidence as possible. You can be certain that the trucking company and/or their insurance agents are immediately investigating the matter and trying to interview witnesses to obtain as much evidence as possible to help defend their case. We have the resources to retain the necessary experts to help injured victims get compensated. We are dedicated to helping our clients obtain fair compensation for their injuries. If you or a loved one has been injured due to the negligence of another individual, we would be glad to help. Call Nahon, Saharovich, and Trotz today at (901) 683-7000 or 1 (800) LAW-4004.
Members of our firm are licensed to practice law in Tennessee, Mississippi and Arkansas. Based in Memphis, we also maintain offices in Jackson and Knoxville, Tennessee; Jackson, Mississippi; and Jonesboro, Arkansas and represent clients in the Mid-South, Capital/River Region in Mississippi, and East Tennessee, including Bartlett, Brownsville, Clinton, Collierville, Cordova, Covington, Dandridge, Dyersburg, Germantown, Henderson, Humboldt, Jackson, Kingston, Knoxville, Lexington, Loudon, Maryville, Memphis, Milan, Millington, Morristown, Newport, Ripley, Savannah, Selmer, and Sevierville, Tennessee; Brandon, Brookhaven, Canton, Clinton, Hernando, Jackson, Madison, McComb, Natchez, Olive Branch, Pearl, Port Gibson, Ridgeland, Senatobia, Southaven, Tunica and Vicksburg, Mississippi; and Batesville, Blytheville, Bono, Conway, Forrest City, Harrisburg, Jonesboro, Marion, Paragould, Truman, Walnut Ridge and West Memphis, Arkansas.