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Mississippi Truck Accident Attorneys Offer Updates on the Tracy Morgan Lawsuit

Tracy Morgan, the well known actor and comedian, was seriously injured in a tractor trailer crash this past summer.  The accident happened when a Wal-Mart tractor trailer, travelling above the speed limit, pummeled into the limousine carrying Tracy Morgan and several of his comedian friends and assistants.  Morgan sustained serious injuries in the crash, including multiple broken bones, and required extensive time in the hospital.  He is still continuing rehabilitation due to his injuries.  Fellow comedian and friend James McNair died in the accident.

This past July, Tracy Morgan filed a personal injury suit against Wal-Mart in a U.S. District Court in New Jersey.  In the suit, Morgan claimed that the Wal-Mart driver who crashed into the limousine acted negligently in causing the accident, as the driver was both speeding and had been awake for 24 plus hours before the fatal accident.  Morgan further asserts that the employer, Wal-Mart, knew or should have known that the at-fault driver was unsafe on the roadways because he had not slept in over 24 hours.

This lawsuit, filed now months ago, has heated up in the past few weeks.  Wal-Mart is now asserting that Tracy Morgan shared contributory negligence for the crash because he was not wearing a seatbelt at the time of the accident.

Most of the public knows that limousine buses rarely come equipped with seatbelts and even in those that do have seatbelts, passengers infrequently use them.  Similarly, most school buses do not have seatbelts and children rarely use them when present.  As such, critics of Wal-Mart have heavily criticized the giant company’s latest attempt to place blame on the plaintiff.

Comparative and contributory negligence are defenses that can minimize a defendant’s degree of fault in some accidents, shifting partial blame to the plaintiff.  These principals allow fault to be shared between both parties, but the cause of action will be allowed to continue.  If the plaintiff is found to be partly at fault for the accident, his or her recovery will be reduced by his or her percentage of fault.

When, as in this case, the defendant puts forth a claim of contributory or comparative negligence, the burden then shifts to the plaintiff to prove they did not act in a negligent manner.  Accordingly, it is now up to Morgan to prove that failing to wear a seatbelt in the limo bus was not negligent, or did not contribute to the accidents or injuries.

As the Tracy Morgan case highlights, truck accidents come with complex issues of negligence and liability.  Anyone involved in a truck accident should seek the representation of an experienced truck accident attorney as soon as possible to protect their legal rights.

Barrett Law PLLC: Mississippi Truck Accident Attorneys Aggressively Assisting the Victims of Truck Driver or Trucking Company Negligence   

The Tracy Morgan crash, which severely injured comedian Tracy Morgan and claimed the life of his friend, has brought the nation’s attention to the very real dangers of tired truck drivers.  Truck drivers who operate massive tractor trailers with little sleep pose a threat to all drivers on the roadways across the U.S. The Tracy Morgan lawsuit now holds the potential to influence reform in the trucking industry and perhaps lead to increased regulation of trucker’s sleep and work hours.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC have fought for the safety of Mississippi drivers for over 75 years.  We wish to assist all truck accident victims in holding the negligent truckers and trucking company’s responsible for their accidents accountable.  If you or a loved one has been injured in a truck accident, call Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation.  We look forward to providing you with exemplary legal services.

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Mississippi Truck Accident Attorneys Discuss the Causes of Truck Accidents

The rate of serious truck accidents across Mississippi and much of the nation has left many safety experts and concerned drivers wondering what is behind the increasing accident rates and what we can do to increase truck safety.  CNBC recently aired an investigative report exploring the trucking industry and the many safety concerns surrounding it.  The report unveiled an alarming 18 percent rise in the rate of fatal truck accidents between 2009 and 2012.  This increase in accidents comes despite overall improvements in driver safety.  According to the CNBC report, there are a number of reasons why commercial truck accidents continue to occur, including:

  1. Lack of Safety Technology

In recent years, a number of truck safety devices have been developed in an effort to increase overall safety in the industry.  Some of these technologies come at minimal additional expense.  Despite these inexpensive advances, only 10 percent of all commercial trucks use safety technology.  Technologies like the automatic braking systems can assist trucks in stopping on time when another vehicle comes too close.  Lane departure warning systems can help ensure truckers stay safely in their lanes.  These technologies are readily available, yet underutilized in the industry.  Other technologies are poised to release in the future, including driverless trucks.  When these high tech options become available to the public, the rate of truck accidents could decrease significantly.

  1. Repeat Offenders

Federal and state trucking safety regulations are intended to prevent truck accidents in Mississippi and elsewhere across the country, but enforcing these rules and preventing unsafe drivers and trucks from using the roadways is more difficult than many realize.  According to a CNBC investigative report, up to 20 percent of all commercial trucks inspected in 2012 were considered unsafe to be on the roads due to service violations, including poor tires and brakes.  This equates to over two million unsafe trucks on the road any given day.  In addition, about five percent of drivers inspected had serious violations that should have prevented them from driving.  Approximately 170,000 unsafe drivers remain on the roadways.

  1. Chameleon Carriers

Linked to the problem of repeat offenders is the troubling existence of so-called chameleon carriers.  The phrase chameleon carrier is used to describe trucking companies that change their names in order to dodge legal troubles and lawsuits stemming from rule violations.  According to CNBC’s investigative report, these ever changing companies often hire unsafe drivers and are lax on safety policies.  In fact, in their investigations, CNBC uncovered at least one company who hired a driver with a history of hitting a pedestrian and elicit drug use.  The company changed its name and continued to allow the driver to operate one of its vehicles.  Due to overall under-regulation in the trucking industry, it is difficult to crack down on these chameleon carriers.  As such, they continue to fly under the radar, disappearing and reappearing when necessary, all while posing a substantial safety risk to the public.

Barrett Law PLLC: Mississippi Truck Accident Attorneys Dedicated to Pursuing Victim Rights

The troubling increase in the rate of truck accidents across Mississippi and much of the U.S. has led many safety experts desperate to uncover ways of preventing such accidents.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC are alarmed by the rising rate of truck accidents and will do all we can to hold negligent truck drivers accountable for the injuries and deaths they cause.  At Barrett Law PLLC, our attorneys have the passion, experience, and knowledge to obtain the results you desire.  Call Barrett Law PLLC today at 1 (800) 707-9577 to schedule your free consultation with one of our seasoned truck accident attorneys.

 

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What to Do At the Scene of a Mississippi Truck Accident

The victims of truck accidents often report that they regret not being better prepared for what to do at the scene of their Mississippi truck accident.  Many found themselves confused and in shock, and failed to perform tasks that could later have helped their case.  To this end, this list briefly reviews some important steps you should take at the scene of a truck accident.

  1. Stay calm and assist anyone who has been injured: Do not panic if you have been involved in a truck accident.  Assess the situation and make sure you are in a safe location.  If you are in danger of being further injured, move your vehicle to the nearest safe location if you are able to do so.  Look to see if anyone has been seriously injured in the crash.  Immediately call 911 to obtain assistance for the injured crash victims. Do not move injured passengers as you could add to their injuries.
  2. Call the police: Even if no one has been seriously injured, you should contact the police so that a police report is generated.  This report can prove vital to your later claim.
  3. Document your injuries: It often takes some time for serious injuries to become apparent following a crash.  Write down any pain or injuries you are experiencing in the aftermath of the accident.  If you were carrying passengers, instruct them to do the same.
  4. Take down as much information as possible:  You should attempt to document all you can about the crash so if there is a dispute later on concerning the facts, you have detailed information to back up your position.  Errors can also appear in the police report, which your documentation could refute.  If possible, make note of the following:
    • A list of injuries to all passengers
    • The location of the accident
    • The time, road conditions, weather conditions, and direction of the other vehicles
    • A description of how the accident occurred
    • Damage to all vehicles involved
    • Write down statements made by any other drivers, passengers, or witnesses
    • The names, drivers license information, insurance information, phone number, and address of all other parties
    • The name, phone number, and badge number of all police officers involved
    • Your observations as to whether drugs or alcohol or driver distraction played a role in the crash
  1. Photograph the scene: If you have a camera or cell phone camera, photograph the scene of the accident.  Photograph any skid marks, damage to vehicles, injuries, etc.
  2. Cooperate with the police but do not discuss fault before talking to an accident attorney:  Do not speak to anyone besides the police and your truck accident attorney about the accident.  Provide the police with the information they request concerning the crash but do not make statements about liability without consulting with your attorney first.

Barrett Law PLLC: Mississippi Truck Accident Attorneys Obtaining You Justice

Being involved in a truck accident is a frightening experience, likely leaving you in shock, injured, and unclear as to what actions you should take.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC hope that this guide will help you be prepared in the event of a crash.  As soon as possible after your truck accident, contact the experienced truck accident attorneys at Barrett Law PLLC.  We will immediately begin investigating and gathering evidence to support your claim, seeking a full recovery for the injuries you sustained.  For legal assistance of unmatched excellence, call Barrett Law PLLC today at 1 (800) 707-9577.

 

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Mississippi Truck Accident Attorneys Discuss Brake and Tire Failure

Thousands of truck accidents occur each year due to mechanical failures.  Brake and tire failures account for the largest percentage of such crashes.  In one study published by the Department of Transportation (DOT), it was revealed that 30% of all commercial truck accidents involved brake related issues, most often brake failures or brakes that were out of adjustment.

Anyone who has been injured in a truck accident should learn the common causes of brake and tire failure so that they can determine whether either mechanical issue played a role in the accident.  An experienced truck accident attorney will provide a more accurate assessment of fault after thoroughly assessing your crash.

Who is Liable for Defective Brakes?

When the brakes on a truck cause an accident, the liability can be placed on several different parties.  Sometimes, more than one party can be deemed responsible.  Possible liable parties include:

  • The party responsible for maintenance of the brakes, most often the trucking company or the owner-operator
  • The manufacturer of the brakes
  • The truck driver
  • The company that loaded the truck

When a serious accident occurs involving defective brakes, the trucking, leasing, and hauling companies will often argue among themselves as to whose insurance will compensate the victim.

The Brake Manufacturer

Commercial truck brakes are subject to stringent federal regulations.  The brakes must have a certain braking force, be able to go from 20 mph to a complete stop at a certain rate, and meet automatic brake adjustment system requirements.

If the brakes on the truck that caused your accident do not comply with federal regulations, you could have a claim against the manufacturer.  Your claim could be based on the premise that the brakes were improperly designed or that they were initially properly designed but a defect occurred during manufacturing.

Trucking Companies and the Driver

Sometimes trucking companies or truck drivers can be responsible for brake failures. Truck companies are required to complete routine maintenance and keep a log of inspections.  If the trucking company fails to maintain a truck’s brakes, the brakes can fail.  Truckers or trucking companies also occasionally depower the front brakes in order to save wear and tear on the brakes.  This dangerous practice can lead to accidents as it forces the truck to rely solely on the trailer brakes.

Tire Failures That Cause Truck Accidents

When tires fail on a commercial truck, major accidents can ensue.  Truck tires fail due to defects with the tire or the failure of the truck driver and trucking company to inspect and maintain the brakes.  If you are in an accident caused by a blown truck tire, you could be able to receive compensation from the trucking company, truck driver, or tire manufacturer.

Barrett Law PLLC: Mississippi Truck Accident Attorneys Obtaining You Justice

Mechanical failures such as brake and tire failure are a leading cause of truck crashes.  All too often, brake and tire failures can be attributed to negligence on the part of the trucking company, truck driver, or part manufacturer.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC have fought for the recovery of truck accident victims for over 75 years.  We offer legal services of dedication and excellence.  Our years of experience in the industry provides us with an in depth knowledge of the distinct area of truck accident law and the many federal regulations that abound in this field.  If the negligence of the truck driver, trucking company, or manufacturer caused your accident, we will fight to see that you recover for your medical expenses, lost wages, pain and suffering, and more.  To schedule your free initial consultation, call Barrett Law PLLC today at 1 (800) 707-9577.

 

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High Profile Tracy Morgan 18 Wheeler Accident Results in Lawsuit

Comedian and actor Tracy Morgan has filed a lawsuit against mega-store Wal-Mart over the fatal 18 wheeler accident that left him seriously injured and killed a close comedian friend.  Tracy Morgan was traveling in a limousine on I-95 following a comedy gig when a Wal-Mart operated tractor trailer, traveling well over the speed limit, pummeled into the vehicle.  Morgan sustained multiple fractures that left him needing several surgeries and facing an extended, difficult recovery.  Morgan’s close friend and fellow comedian James McNair tragically perished in the accident.

On July 10, 2014, Tracy Morgan filed suit against Wal-Mart in a U.S. District Court in New Jersey.  He claims in the lawsuit that Wal-Mart acted carelessly and negligently in allowing truck driver Kevin Roper to operate a truck after not sleeping in over 24 hours.  This suit comes less than one month after the accident and days after Morgan’s much anticipated release from the rehabilitation center at which he had been living since leaving the hospital.  Morgan will now continue his intensive recovery at home.

In the lawsuit, which is sure to become high profile and well watched, Morgan claims Wal-Mart knew or should have known that Roper was not fit to drive after not having slept in over 24 hours.  Roper had driven more than 11 hours to a Wal-Mart distribution center in Smyrna, Delaware from his Georgia home.  He was then allowed to continue on his truck route, which resulted in the deadly crash.  Prosecutors claim Roper fell asleep behind the wheel and he faces charges of vehicular homicide.

Wal-Mart has publically stated that Roper was within the Federal guidelines for maximum hours worked.  Current guidelines require truckers work for up to 14 hours with a maximum of 11 hours behind the wheel.  They must then be provided with 10 hours off to allow for adequate sleep before they continue driving.  Though possibly within the federal limit, Roper was certainly near exceeding it.

Tracy Morgan is joined in his lawsuit by several other passengers of the ill fated limousine who also sustained injuries.  Morgan’s assistant, Jeffrey Millea, and his eight months pregnant wife are included in the suit, as is comedian Ardie Funqua.  James McNair’s family has not yet filed a wrongful death suit but will likely do so in the near future.

Morgan and the other plaintiffs in the suit Morgan v. Wal-Mart are seeking both actual and punitive damages for Wal-Mart’s gross negligence, along with attorney’s fees.  Although punitive damages are rarely awarded, if the court were to find Wal-Mart acted with recklessness or gross negligence, a punitive damages award in this case could be substantial.

Morgan’s case has already brought much public attention to a matter that should concern us all—overtired truckers.  With the number of truckers on the roadways continuing to increase, it is imperative federal guidelines and individual companies work to ensure all truckers are acting safely while on the road.

Barrett Law PLLC: Mississippi Truck Accident Attorneys Taking On the Trucking Industry for Our Injured Clients

The  catastrophic Tracy Morgan accident has called the public’s attention to the national problem of overtired and overworked truckers.  This crash has spurred safety advocacy groups to continue to push for increased regulation over the trucking industry, but much work must still be done to protect the lives of all drivers.  The experienced Mississippi Truck Accident Attorneys at Barrett Law PLLC have fought for over 75 years to see that our clients who are injured in trucking accidents obtain the justice they deserve.  If you or a loved one has been involved in a trucking accident, call Barrett Law PLLC today to start us working for you! We can be reached at 1 (800) 707-9577 and offer a free case analysis to all new clients.

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Mississippi Truck Accident Attorneys Discuss Braking Problems in Large Trucks

A fully loaded tractor-trailer may weigh as much as 80,000 pounds and this may increase to 95,000 pounds with the proper permit.  In Mississippi, a commercial truck may haul a trailer that is 53 feet in length.  What this all means is that the brakes on a commercial truck must be in good working condition to bring this vehicle to a stop in time to avoid a serious accident.  When there are any problems with the brakes, the consequences may be deadly for other drivers and passengers on the road.

The impact forces when a commercial truck hits a passenger vehicle mean that the smaller vehicle bears the brunt of the damage.  Brake failure leads to many such crashes every year.  Although there are times when stopping in time is not possible based on the circumstances of the accident, driver or trucking company negligence often contributes to this type of collision. 

There may be a defect in the braking system that could have been corrected if the vehicle were properly maintained and inspected before heading out on a Mississippi road.  Some of these problems include:

  • A torque imbalance in the brakes that causes the brakes to lock-up when applied forcefully;
  • Crystallization of the hydraulic fluid or allowing the fluid to drop too low;
  • Leaks in the fluid lines that are not repaired;
  • System defects that lead to the depowering of the front brakes;
  • Faulty valves and gauges;
  • Poor brake pressure;
  • Worn calipers and pads that should have been replaced;
  • Excessive wear of the brake drums;
  • Overheating of the entire braking system;
  •  Imbalance in the tires that causes an uneven application of the brakes;
  • Tire wear that leads to a blowout, leading to the ineffective application of the brakes; or
  • Other mechanical defects.

            Although federal regulations require routine maintenance and repair of commercial motor carriers, many times these inspections and repairs take the truck off the road for a significant period of time, so trucking companies and drivers will take short-cuts that lead to brake failures.

            In addition to mechanical defects that should have been found and corrected, braking failures may result from the following negligent actions:

  • A trucking company may have been so eager to get a driver on the road that it failed to ensure that the driver had the training and skill to stop a specific type of truck;
  • A distracted driver fails to observe circumstances that require the application of the brakes;
  • ·A driver who was over-tired had slowed reaction times, leading to a delay in applying the brakes;
  • Driving under the influence of drugs or alcohol created a dangerous situation;
  • Impossibly tight delivery schedules led to reckless or aggressive driving, including speeding; or
  • An overloaded trailer exceeded the braking capacity of the tractor-trailer.

            Many times, the negligent actions that led to a severe crash are a combination of a number of different factors, such as deterioration of the brakes combined with speeding and a trailer that exceeds weight limits.  In addition to being unable to stop in time to avoid hitting another vehicle, braking problems may lead to a loss of control of the tractor-trailer or uneven application of the brakes, causing the truck to jackknife or rollover.  These dangerous crashes lead to severe injuries or fatalities on the roads of Mississippi nearly every day.

            A truck accident may lead to debilitating injuries and the need for long-term medical treatment.  Many times, a person never will be able to get back to the quality of life that he enjoyed before the accident.  The compassionate and hardworking Mississippi Truck Accident Attorneys at Barrett Law PLLC have the experience to get our clients the compensation that they deserve for the harm that was done to them.  To schedule a free consultation at your convenience, call us at (800) 707-9577.

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Black Box Technology Impacts Truck Accident Cases

As technology continues to advance, one of the most well-known aspects of the trucking industry may be disappearing, or at least becoming a lot less relevant to determining the movements of the truck and driver prior to a serious accident.  For decades, truck drivers, who are carefully regulated by the Federal Motor Carrier Safety Administration (FMCSA), have kept paper log books in order to record vehicle information, cargo details, miles traveled, routes traversed, and mandatory rest periods.  As new tractor-trailers are being manufactured, they are coming off the assembly line with digital data recorders that keep track of many different types of information, so the log books, which were frequently altered, are becoming obsolete. 

A black box may record the following information:

  • The location of the truck throughout its trip based on a built-in global positioning system (GPS);
  • Distances traveled each time the truck was operational;
  • The average rate of speed;
  • The length of time when the truck was not being driven;
  • Brake application details;
  • ·Tire pressure;
  • The rate of speed immediately prior to a crash; and
  • Other electronic information that may be used to recreate the conditions of an accident.

            There are electronic data systems that are linked into the onboard communication of the truck.  Therefore, if a truck driver gets into a serious accident and sends an e-mail to the trucking company stating that he had fallen asleep behind the wheel, that correspondence might be preserved in the black box.  Other important information might be contained in this communication log, such as driver reports about potential problems with the truck and the trucking company’s response that the driver should ignore the issue and complete the trip.  All of these details are used to build an effective case against the negligent parties.  When the data is electronically recorded, there is a lesser chance that information has been altered.

In addition to maintaining the black box, federal regulations require that there is a back-up system that maintains recorded information.  Therefore, even if the accident is severe enough that the black box is damaged or destroyed, much of the information may be preserved in another source.  This could be used to demonstrate a pattern of behavior prior to the crash.

Due to the critical nature of much of the information recorded in a black box, it is important to obtain possession of the data as soon as possible.  Under certain circumstances, a trucking company is within its rights to destroy the information in an electronic log after a certain period of time has passed without a request from a third-party for the data.  Therefore, it is crucial to send a spoliation of evidence letter (warning the other party not to destroy potential evidence) to the trucking company or truck owner as soon as possible.  This letter effectively puts the defendants on notice that the information is going to be needed and it must be preserved as evidence in the case.

Depending on the type of data collection system in the box at issue in the accident, it likely will be necessary to obtain software from the manufacturer in order to collect the important data.  An expert will then be needed to interpret the date and formulate a comprehensive picture of how the driver and/or trucking company’s negligence was the direct cause of the harm suffered by the victim of the crash.

The knowledgeable and dedicated Mississippi Truck Accident Attorneys at Barrett Law PLLC understand how to construct a strong case against a negligent truck driver or trucking company.  We will work with you and your family to develop a legal strategy that will get the best results possible based on the facts of your case.  To discuss what happened to you or your loved one, please call us at (800) 707-9577 for a free and confidential consultation.  We only receive our fees if we recover compensation for you.

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Black Box Technology Impacts Truck Accident Cases

As technology continues to advance, one of the most well-known aspects of the trucking industry may be disappearing, or at least becoming a lot less relevant to determining the movements of the truck and driver prior to a serious accident.  For decades, truck drivers, who are carefully regulated by the Federal Motor Carrier Safety Administration (FMCSA), have kept paper log books in order to record vehicle information, cargo details, miles traveled, routes traversed, and mandatory rest periods.  As new tractor-trailers are being manufactured, they are coming off the assembly line with digital data recorders that keep track of many different types of information, so the log books, which were frequently altered, are becoming obsolete. 

A black box may record the following information:

  • The location of the truck throughout its trip based on a built-in global positioning system (GPS);
  • Distances traveled each time the truck was operational;
  • The average rate of speed;
  • The length of time when the truck was not being driven;
  • Brake application details;
  • ·Tire pressure;
  • The rate of speed immediately prior to a crash; and
  • Other electronic information that may be used to recreate the conditions of an accident.

            There are electronic data systems that are linked into the onboard communication of the truck.  Therefore, if a truck driver gets into a serious accident and sends an e-mail to the trucking company stating that he had fallen asleep behind the wheel, that correspondence might be preserved in the black box.  Other important information might be contained in this communication log, such as driver reports about potential problems with the truck and the trucking company’s response that the driver should ignore the issue and complete the trip.  All of these details are used to build an effective case against the negligent parties.  When the data is electronically recorded, there is a lesser chance that information has been altered.

In addition to maintaining the black box, federal regulations require that there is a back-up system that maintains recorded information.  Therefore, even if the accident is severe enough that the black box is damaged or destroyed, much of the information may be preserved in another source.  This could be used to demonstrate a pattern of behavior prior to the crash.

Due to the critical nature of much of the information recorded in a black box, it is important to obtain possession of the data as soon as possible.  Under certain circumstances, a trucking company is within its rights to destroy the information in an electronic log after a certain period of time has passed without a request from a third-party for the data.  Therefore, it is crucial to send a spoliation of evidence letter (warning the other party not to destroy potential evidence) to the trucking company or truck owner as soon as possible.  This letter effectively puts the defendants on notice that the information is going to be needed and it must be preserved as evidence in the case.

Depending on the type of data collection system in the box at issue in the accident, it likely will be necessary to obtain software from the manufacturer in order to collect the important data.  An expert will then be needed to interpret the date and formulate a comprehensive picture of how the driver and/or trucking company’s negligence was the direct cause of the harm suffered by the victim of the crash.

The knowledgeable and dedicated Mississippi Truck Accident Attorneys at Barrett Law PLLC understand how to construct a strong case against a negligent truck driver or trucking company.  We will work with you and your family to develop a legal strategy that will get the best results possible based on the facts of your case.  To discuss what happened to you or your loved one, please call us at (800) 707-9577 for a free and confidential consultation.  We only receive our fees if we recover compensation for you.

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Truck Driver Fatigue a Danger for Other Drivers in Mississippi

Long-haul truck drivers may travel thousands of miles in a relatively short period of time to pick-up, transport, deliver, and return on a commercial truck run.  Although there are mandated rest periods, these are spent in the back of a cab, often surrounding by traffic or truck stop noises.  In addition to the cramped quarters and less than optimal sleeping conditions, worries about delays or deadlines wreak havoc on sleep cycles.  All of these things may mean that the only thing keeping that driver awake is a large cup of coffee or chemical stimulant.  This leads to many different problems for other drivers.

When a truck driver is sleep-deprived or fatigued, he may experience a number of different consequences that put other drivers at risk, including:

  • Slower reaction times – in order to hit the brakes hard enough to slow or stop a semi-truck, a driver must process the danger cognitively and physically move his foot from the gas to the brake.  When there are any delays in the process, it could result in a serious accident.
  • Increased risk of confusion – a person who is sleep-deprived does not process information in the same manner as an alert, well-rested individual.
  • Dangerous decisions – when a person is fatigued, he may justify using illegal drugs as a means of staying awake while driving.  In addition, a truck driver may rely on alcohol to try to get more sleep, leading to a driver suffering from a hangover or still under the influence of alcohol when he gets back behind the wheel.
  • Aggressive or reckless driving – a driver who has not gotten sufficient sleep may be more irritable and prone to more dangerous driving behaviors.

Studies have shown that the impact that fatigue has on a driver might be as significant as a driver being impaired from the use of drugs or alcohol.  The federal government has recognized the problem that fatigue poses for commercial truck drivers, so the Federal Motor Carrier Safety Administration (FMCSA) enacted hours-of-service (HOS) regulation in order to combat some of the negative consequences of this condition.  These rules impose strict time limits on how many hours a truck driver can drive within a twenty-four hour period, requiring ten straight hours of rest time, with eight of that spent in the sleeper compartment of the cab.  In addition, a driver is limited in how many hours he can drive in a seven or eight-day work week.

Driver fatigue is one of the more difficult types of negligence to prove when there has been a serious accident between a commercial truck and another vehicle.  Often, it is necessary to reconstruct the accident and piece together the events of the days leading up to the accident.  A careful analysis of the driver’s log will be necessary, along with a review of receipts showing the locations of the rest stops that the driver should have taken.  Circumstantial evidence, such as weaving and swerving prior to the accident, braking distance, and driver behavior may be used to build a case for driver fatigue as the cause of the accident.  The tight schedule that the trucking company imposed on the driver also may be a factor in determining whether the trucking company shared in the liability for the damage done by the trucker.

A truck accident often leads to severe injuries for the victims who are impacted by the large commercial vehicle.  Long-term hospitalization, ongoing medical treatment, and lengthy rehabilitation mean that the economic consequences for the victim and his or her family are tremendous.  The emotional toll may be even worse.  The knowledgeable and compassionate personal injury attorneys Barrett Law PLLC are ready to ease some of your burdens by getting you the compensation that you deserve.  Call us at (800) 707-9577 to schedule an initial consultation.  We only receive a fee if we succeed in your legal action.

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Mississippi Negligent Truck Driver Hiring Leads to Dangerous Situations

The commercial trucking system is one of the main ways that goods are transported across the country.  However, the ability of a trucking company to make money is contingent upon a driver’s ability to make a trip in the minimum amount of time and return for another haul.  This requires long hours in the truck, away from family, and relatively isolated.  For all of these sacrifices, the rate of pay is not particularly high.  This has resulted in a shortage of qualified truck drivers in the United States and pressure on the trucking companies to find people to operate the large, challenging tractor-trailers.  This may lead to short-cuts with devastating consequences.

When a trucking company makes the wrong decision and hires a driver who poses a danger to other people on the road, the company may be responsible for the harm that is caused by the driver in a collision.  In order to be liable for the harm that was done, the trucking company must have:

  • A duty to ensure that the driver had the skills and appropriate driving record to drive the tractor-trailer;
  • Breached that duty by hiring a driver who had red flags in his background and putting him behind the wheel of a commercial truck;
  • Been the proximate cause of the harm that was done to the victims of the accident by negligently hiring an unqualified driver; and
  • Caused actual harm to the victims as a result of the preventable crash.

In order to avoid this liability, a trucking company must carefully screen its employees.  Federal regulations require that a trucking company perform background checks on new employees in order to check for things such as a criminal record, a history of reckless or aggressive driving, or other indicators that the driver would be a safety hazard on the road.  Specifically, the trucking company must analyze the potential driver’s background to determine:

  • Whether the driver has the training and qualifications to operate the type of the tractor-trailer that he would be driving;
  • Whether the driver had a history of substance abuse, including prescription medication, illegal narcotics, or alcohol;
  • Whether the driver has a history of unsafe driving; and
  • Whether the driver had any DUI convictions.

When an accident happens, the victim may be able to hold both the trucking company and the truck driver responsible for the harm that he suffered.  However, it is critical to investigate carefully the facts of the case in order to demonstrate that the company’s negligent hiring was part of the cause of the accident – this is not a simple matter.  It is necessary to examine the records of the trucking company, review whether or not the company outsourced the background check to a qualified investigation entity, analyze the logs and other records, and pour over the accident reports in order to build a strong case.  It is important to have the right attorneys because they need to collect the evidence quickly and effectively as the trucking companies only are required to maintain documents for a limited amount of time.

Barrett Law PLLC Gets Justice for Truck Accident Victims

When a truck collides with a car or other passenger vehicle, the damage to the car often is serious, leading to severe injuries to the driver and any passengers in the car.  Frequently, these victims require emergency medical care, long-term treatment, and modifications to the home and vehicles.  The dedicated and experienced Mississippi Truck Accident Attorneys at Barrett Law PLLC understand how to build a case that will get victims the best possible results after a devastating crash.  We are available to discuss what happened to you in a free and confidential consultation.  To schedule a time to meet, please call us at (800) 707-9577.

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