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.
According to the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS), “4,008 people died in truck accidents in 2008, with only 15% of those deaths being attributed to large truck occupants. The remaining 85% of deaths afflicted motorists in smaller passenger cars, motorcyclists, bicyclists, and pedestrians.” Furthermore, “97% of vehicle occupants killed in two-vehicle crashes involving a passenger vehicle and a large truck in 2008 were occupants of the passenger vehicles.”
2007 National Truck Accident Statistics
• There were 4,584 trucks involved in fatal accidents.
• There were 4,808 fatalities in crashes involving semi-trucks.
• There were 139,587 commercial trucks involved in non-fatal accidents.
• There were 56,487 semi-trucks involved in injury collisions.
• There were 83,908 injuries in crashes involving commercial trucks.
• There were 83,100 trucks involved in tow away accidents.
• There were 2,248 large trucks involved in Hazmat 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.
Our firm 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. First, one of the keys to successful handling of a trucking case is to 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, there are separate laws that govern large trucks that are engaged in interstate travel. Understanding the nuances of these laws can make the difference in a successful claim for damages. For instance, because of safety concerns, the United States Department of Transportation (U.S. D.O.T.) 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.
Our firm also knows 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.
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 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.
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.
