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What is the best way to recover damages after truck collision? Proving violations of federal regulations for 18 wheelers

Any driver knows that tractor trailers and other big trucks on the road are intimidating — and sometimes very dangerous. This is why Federal Motor Carrier Safety Administration (FMCSA) regulations for 18 wheeler trucks are so important. To keep drivers safe on the road, the Federal Motor Carrier Safety Administration (FMCSA) has enacted specific rules. But often trucking companies and truck drivers do not follow them in their hurry to make money. Regulations that are often broken include the following.

Federal Regulations for Semi Trucks

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After you have been involved in a crash with an 18 wheeler or other big truck, you need to know who is going to pay your medical bills and how much money is available to pay your other damages.

Dallas-Fort Worth truck lawyer Bill Berenson explains what you need to know about commercial truck insurance and truck accident cases. 

Recent Case Shows Why You Need a Good Injury Lawyer After You Are in a Collision

Our law firm recently settled a lawsuit arising out of this multi-vehicle crash but it wasn’t easy. There were six vehicles and eight injured people and the small truck company did not even have an insurance policy. Even so, the injury lawyers involved figured out a way to obtain the amount required for commercial truck insurance under federal law and get our clients paid after attending a mediation. But crashes like this with 18-wheelers, box trucks, pickup trucks, and SUVs can cause devastating injuries and huge medical bills. Finding out who to contact, how to proceed, and how much money is available can be difficult — often intentionally. Our firm knows what to do after a commercial truck collision after almost 40 years of fighting for injured Texans. This post will explain how commercial truck insurance works and how it can get you repaid for your medical bills, lost wages, and other damages you have sustained after a truck accident.

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The increasing number of accidents involving large trucks and the severity of the injuries they cause is a serious problem for motorists. While the effects of accidents involving 18-wheelers like the one pictured can be devastating, smaller commercial vehicles also pose a common safety risk. Trucks driven by plumbers, grass cutters, cable installers, florists, and other businesses rely on a fleet of vehicles to deliver their products or services. Are they held to the same safety regulations as larger vehicles?

Trucking Safety Regulations

The Role of the Federal Motor Carrier Safety Administration

Fortunately the answer is yes — depending on several factors. The FMCSA is the federal government agency responsible for regulating and providing safety oversight of commercial motor vehicles (CMVs). The primary goal of the agency is to reduce crashes and the resulting injuries and fatalities caused by large trucks and buses but it also has jurisdiction over smaller vehicles. States also have laws related to the license and driving requirements for commercial vehicles. Any business using commercial motor vehicles must obtain authority from both state and federal trucking authorities.

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Whether bad driving, poor maintenance, distracted driving, lack of sleep or lack of training in emergency situations, these Texas truck crashes in the last few months were preventable. A good personal injury lawyer can help stop these from happening and help the victims and their families recover their damages.

Blowout Causes Fatal Crash

Recent Texas Truck Crashes

Take, for example, the crash of an 18-wheeler in Hill County last month. Barreling down a rural stretch on Texas Highway 31 according to KWTX, the young driver lost control of his vehicle after a blowout, causing the truck to leave the roadway and overturn. The tires were old. Tragically, the 26-year-old driver died at the scene.

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Fatal truck crashes cause thousands of drivers and passenger of much smaller vehicles to become innocent victims. Our government’s inaction as the number of truck crashes surge is maddening. 

Tragic truck crashes are becoming the the new norm instead of rare events. Just last year here in Dallas and Tarrant Counties, we had these terrible statistics: almost 6,000 collisions involving tractor-trailers tragically took the lives of 53 people and injured over 3,500 others.

Crashes between tractor-trailers and passenger vehicles often have devastating impacts on motorists. An 18-wheeler easily has a weight of 80,000 pounds in comparison to about 4,000 pounds for a normal car. Here are some recent examples of the effects that truck crashes can have:

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One of the first questions accident victims often ask an attorney is “How much is my case worth?” There’s no magic truck accident settlement calculator to get an instant answer. Each case is different. There are different types of damages involved. A number of factors go into the calculation of each to determine the overall value of your case. The best way to get answers is by talking to a personal injury attorney about your case. However, there are some common factors that you might want to consider as you go into this process.

Why Truck Accidents Matter

We rely on big trucks to transport all kinds of goods to every corner of the country. Without them, you wouldn’t have access to groceries, clothing, or even the US Mail. Trucks transport raw materials to manufacturers to keep them in business. Laws pertaining to truck safety help us balance the necessity of the services they provide while protecting the truck driver and other drivers on the roads. When the truck driver or trucking company doesn’t obey the laws, accidents are more likely to happen. When they do, the damage is going to be a lot more severe.

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A crash with a tractor-trailer or other commercially owned truck can often cause a person to suffer from a catastrophic injury and even death. Victims can sustain debilitating injuries that require a lifetime of medical care and physical therapy. Here is a photo from a I-35 crash where I have filed a lawsuit to collect my client’s damages.

The key to recovering compensation in a Texas trucking accident is proving negligence. You need to know who was at fault for causing your injuries. There are different people and companies who may be liable.

1. The truck driver 

In most big-rig accidents, the truck driver is at fault. Depending on their cargo, tractor trailers weigh tens of thousands of pounds. As a result, drivers need to be properly trained and supervised, alert, and alcohol and drug-free.

These are their most common violations of federal and state law that I see: 

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Garbage and recycling trucks are extremely dangerous to drivers, cyclists, and pedestrians. The combination of their giant construction, improper maintenance, and poor drivers can make them accidents waiting to happen.

These behemoths have caused many deaths and serious injuries in our area. Just a few months ago, another person died in a Fort Worth collision with one.

These vehicles are inherently dangerous for many reasons, especially their massive size. The average truck weighs over 60,000 pounds versus the average car’s weight of 3,000 pounds.

Garbage truck drivers must have a commercial drivers licenses and are held to a higher standard of care under transportation statutes. Unfortunately some fail to live up to the more vigorous rules.

Waste management is an enormous $100 billion a year industry and clearly has the resources to insure that safe trucks and drivers are on the roads.

Our law firm has handled all types of commercial truck collision cases in Dallas – Fort Worth for the past 37 years and understands their complexities. We are fighting for our clients in a substantial garbage truck case now and have successfully handled others in the past.

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You hear about our drug epidemic all the time. The U.S. had an estimated 64,000 deaths due to drug overdoses just in 2016. These are government statistics so you know the numbers are higher.

It’s crazy that as more and more people are popping these highly addictive drugs — sometimes before or while they drive –most commercial truck companies were not even being tested.

The Department of Transportation has long required testing of other drugs, including cocaine, marijuana, and the illegal opioid heroin, and of course alcohol.

Finally the DOT has caught up with the times. Semi-synthetic opioids were added to the mandatory panel starting January 1. Finally.

Employers at 18-wheeler companies must now test their drivers for four popular prescription medications: hydrocodone, hydromorphone, oxymorphone, and oxycodone.

How many truckers take opioid drugs? Because testing was not required, there is no way to know. Often truck drivers were only tested after they crashed their tractor trailers and hurt others. But, 11.5 million people abused opioids in 2016 and as the DOT announcement noted “transportation industries are not immune to this trend and the safety issues it raises.” Continue reading

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What your attorney can do to protect you

Most big trucking corporations have a legal team ready to jump into action as soon as an accident occurs. They keep a playbook of tactics for minimizing liability. I know these tactics well; I have encountered them time and time again. But I have my own playbook of strategies to protect my clients’ rights.

Not hiring an experienced attorney right away can put the victim at a disadvantage. An attorney can counter these common defense tactics:

1. Be first to the scene

The tractor-trailer company retains private investigators to immediately show up on the scene. These investigators walk around without restraint, taking photographs, interviewing witnesses, chatting with police officers, and looking for mitigating evidence.

A company investigator may even give the false impression that he is a police officer so victims are more forthcoming. They then use the statements made in the frightening aftermath of the accident and often twist around the victim’s words or take them out of context.

This is why I also head to the scene for my clients. I gather evidence at this crucial stage and prevent the defendant from speaking to my client. Continue reading

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