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When Poorly Loaded Truck Cargo Causes an Accident

Trucking accidents—contrary to general opinion—are not always the fault of the truck driver. Although the truck driver can be responsible it can also be the fault of the person or company in charge of loading the cargo onto the trailer.  When freight is loaded improperly, not secured in a safe manner or the weight is not distributed as it should be, an accident can happen. An otherwise safe 18-wheeler can become extremely unsafe when cargo shifts unexpectedly. Trucks can jackknife or rollover when cargo is improperly secured leading to serious collisions and life-altering injuries.

Who is Responsible?

It is crucial that an attorney who has extensive experience in trucking accidents be chosen in order to identify all responsible parties in a trucking accident and hold them accountable. The question may arise as to whether poor freight handling or negligent driving was directly responsible for the accident or even whether the driver had sufficient experience for the operation of a fully loaded commercial truck.

Hazardous Cargo

There are specific handling characteristics of different rigs such as flatbeds, gravel haulers, hazardous cargo or any loads which are subject to weight shifts, particularly on curves, grades or in an emergency traffic situation. Most truck drivers are well aware of the added hazards of certain loads. In fact, many experienced truck drivers resist transporting loads of hanging beef—sometimes known as “swinging beef”—or tankers which are partially loaded with liquids. In the case of transporting beef which hangs as full carcasses from the top of the trailer, they may begin swinging in unison when certain truck maneuvers are taken. Once they are all swinging together they can cause the truck and trailer to rollover.

The same is true of partially loaded tankers with liquids inside. When stops are made the liquid inside can begin sloshing back and forth, eventually causing the truck and tanker to turn over. Any time the truck’s center of gravity is thrown off, serious injuries can result when the truck rolls over. There are many instances of trucking accidents due to poorly secured or loaded cargo.  In one trucking accident a load of phone books was not properly secured. When the truck driver turned a corner on a busy highway the load shifted and thousands of phone books crashed to the road causing multiple accidents. Another trucking accident was caused when the backhoe the truck was transporting was not secured properly and fell off the back of the flatbed trailer causing a fatal accident when the car behind was hit by the heavy equipment.

Getting the Legal Help You Need

Any person who is a victim of an accident caused by poorly loaded or secured cargo should contact a highly experienced attorney soon after the accident. Your attorney can intervene on your behalf to protect your interests and advance your claim. Your attorney will understand that the truck inspection records and driver’s trip logs are crucial and valuable evidence in any trucking accident case and that after three short months those records can be legally destroyed by the trucking company. You must have an attorney by your side who can ensure these records are preserved, protected and produced during trial.  The Federal Motor Carrier Safety Administration outlines how cargo must be secured and states that ultimately it is the trucking company and the driver who are responsible for the cargo being safely loaded. Hiring an highly knowledgeable trucking attorney will ensure your claims process is conducted quickly while evidence remains available. Personal injury attorneys who specialize in trucking accidents will be well aware of the tactics used by the trucking companies to alter or destroy evidence so fault may not be linked to them. Don’t delay—hire an experienced trucking attorney soon after your accident so your medical expenses and damages will be fully covered.

 

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Understanding the Injuries Received from a Trucking Accident

Any time a passenger car is involved in an accident with a large commercial truck there are likely to be serious or catastrophic injuries and fatalities. While the average passenger car weighs less than 4000 pounds, a loaded semi is twenty times that. The basic laws of physics and the disparity between the car and the 18-wheeler dictates there will be very serious consequences. Large truck crashes account for over five thousand fatalities in the United States each year and between a hundred and two hundred thousand grave injuries. The load the truck is carrying can also exacerbate the seriousness of the injuries should flammable or hazardous materials be involved.

Burns and respiratory issues can occur in addition to the other serious injuries when toxic chemical products are being transported. Crushed bones, fractures, internal organ damage, amputations, traumatic brain injuries, spinal cord injuries and paralysis are all common injuries following a large truck accident.  The victims of these types of serious injuries will likely face weeks, months or years of medical treatments, surgeries and rehabilitative therapy as well as chronic and severe pain. Medical expenses can reach astronomical levels and even those with insurance may find their limits have been reached leaving them responsible for hundreds of thousands of dollars should they not receive compensation from the defendant or defendants.

Proving Negligence

The primary legal theory of liability in commercial trucking accidents is known as negligence meaning the defendant in the case failed to exercise reasonable care under the circumstances resulting in an accident and subsequent injuries to the plaintiff. The victim in a trucking accident must show that the defendant was charged with exercising a reasonable degree of car to avoid injury, that they breached that duty and that their failure to exercise reasonable care was the direct cause of the victim’s injuries. Trucking accidents are particularly complex because there are a variety of potential defendants. In some cases defendants will file cross claims against one another in an attempt to avoid taking responsibility for the entire accident.

Multiple Defendants

For instance, the driver of the truck may be at fault in that he was driving recklessly, was distracted while driving or was driving in an exhausted state. The trucking company who employs the driver could be held liable if they put an undertrained or inexperienced driver on the road or allowed the driver to exceed the federally regulated number of hours behind the wheel. If an employment relationship can be established between the truck driver and the trucking company, then the company can be held legally responsible because they exercised some degree of control over the driver.

The manufacturer of the truck could be at fault if a defective part such as brakes or tires was responsible for the accident or the person or company who was responsible for ensuring the truck was properly maintained could be at fault if they were negligent in their maintenance duties. The company responsible for loading the cargo may be held responsible if poorly secured cargo caused the accident. Establishing the liability of a third-party can become complicated when the truck driver happens to be an independent contractor of a much larger company. In this case the issue will come down to how much supervision the company actually exercises over the driver.

How Your Personal Injury Attorney Can Help

All of these entities will likely carry separate insurance policies and your personal injury attorney will file against all those who were in any way responsible for your injuries. An experienced personal injury attorney will carefully consider all aspects of the harm and loss you’ve suffered as a direct result of the accident then work hard on your behalf to receive a fair compensation for your life-altering injuries. 

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Should You Settle Your Truck Accident Claim or Head to Court?

Trucking accidents generally have tragic consequences for the driver and passengers of the much smaller vehicle. A large commercial truck weights some twenty times more than a passenger car and this sheer size difference usually results in fatalities or very serious injuries. Additionally, trucking accident litigation is much more complex than a collision between two automobiles. There is a long list of potential defendants including the truck driver, the owner of the truck or the trucking company, the owner of the trailer, the manufacturer of the truck or truck parts, the loading company, the insurance carrier for the truck or trailer and the owner of any property which might have contributed to the accident.

In many cases once a lawsuit is filed one or more of these defendants may begin pointing fingers at the other defendants through the filing of cross-claims. Trucking accidents are governed under federal and state laws however since a truck may cross several state lines it can be complicated trying to figure out which state laws apply. As you can see, a personal injury attorney who has specific knowledge and experience in trucking accidents is crucial during this time.

Settle or Litigate?
Many victims of a trucking accident may wonder whether they should settle for whatever amount the insurance company offers simply as a way of avoiding a lengthy court process. It is true that once a personal injury lawsuit is filed claiming someone else caused your injuries and damages—or a product liability case showing that a product defect was responsible for the accident—that it could be at least a year until the trial begins. Some people may find this time period acceptable simply for the larger payout at the end while others need their settlement money sooner in order to pay their expenses.

The Trial Process
While the case is pending discovery will take place which means your accident will be thoroughly researched by your attorney as well as the attorneys for the defendants. All sides must share with the others what they learn during the discovery process. Documents will be gathered and any eyewitness accounts explored. Litigation is, unfortunately a lengthy and expensive process. Even though your personal injury attorney will not take on a case that has no reasonable expectation of prevailing at trial you may be responsible for legal expenses and fees along the way.

When a Settlement May Make More Sense
The longer amount of time the lawsuit drags on, the more money you will be responsible for either immediately or when the case is finally resolved. Because of this a fair number of trucking accidents settle prior to going to trial. Even though a jury award could result in much higher levels of compensation a settlement offer will compensate your losses and could mean less money expended in legal fees and expenses. One of the most important factors in deciding whether you will go to trial or wait for a higher award is whether you are willing to wait for a year or even two or three years for a settlement.

In the end only you and your personal injury attorney can decide what the best course of action will be in your specific case. You will want to discuss the pros and cons of going to court as well as those involved in accepting a settlement.

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When Aggressive Driving Leads to a Tragic Trucking Accident

Truck driving can be a particularly stressful career with the stress coming from essentially every direction—and usually all at once. Dispatchers yell, trucks break down, traffic gets stalled, shippers and receivers want it picked up and delivered quicker and there is usually a family at home with their own set of problems which the trucker is trying to handle from 2000 miles away. Any time a trucker is behind the wheel of the truck they are under the gun to get the load delivered yesterday.

Truckers only get paid for the time they are actually on the road, so there may be pressure from home for the trucker to continue driving even when they are exhausted and burned out simply to pay the mortgage from month to month. The company the trucker works for may also have little interest in the mental health of their driver—the longer that driver stays on the road the better their bottom line looks at the end of the month. So, truckers are pulled in every direction from a large number of people day in and day out.

Aggressive Trucking Behaviors

While some truckers learn to manage this stress through deliberately learned coping skills, others simply engage in aggressive trucking behaviors as a way of letting off steam. The patience level may be simply non-existent from the constant pressure the driver is under and when a truck driver feels others who share the road are prohibiting them from effectively meeting their deadlines, aggression can ensue. Other truckers, by virtue of the 80,000 pound truck they are driving, truly feel as though they own the road. They may feel they are not bound by the same rules of the road as other drivers are therefore may drive at excessive speeds, may refuse to use a signal when they turn or change lanes or could stubbornly hold onto the right-of-way even when a potential accident could ensue.

Blind Spots

Truckers are also hindered by serious blind spots which prevent them from seeing the much smaller passenger cars directly behind them or in certain spots on either side. An overly tired, short on patience trucker may exhibit aggressive lane changes without ensuring there are no vehicles in his blind spot, leading to a sideswipe accident which could have potentially fatal consequences. Drivers who were in a huge hurry to get on the road may have neglected to ensure their cargo was properly secured or mandatory pre-trip inspections could be skipped. At present only about a quarter of the states have addressed the problem of aggressive driving through legislation and it was an uphill battle for those states.

Getting the Help You Need

Serious, life-changing injuries or fatalities can result from an aggressive trucker’s disregard for the safety of others. Those injuries lead to medical expenses, time away from work and emotional trauma. It is important that an experienced personal injury attorney be consulted in order to ensure all damages are properly compensated. Aggression and anger caused by the extremely stressful working conditions can lead to inattentive, aggressive, angry drivers who may even engage in drug abuse in an attempt to deal with their toxic emotions. If you’ve been injured by a truck driver you believe was engaging in aggressive behaviors your attorney will thoroughly investigate the accident in order to ensure you are not left with medical expenses as well as long-term injuries to deal with.

 

 

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Complications of Trucking Accidents

Trucking accidents are well known for leaving devastation behind and survivors trucking accidents may have their lives forever changed due to the extent of their injuries. Between 4,000 and 5,000 deaths occur each year in the United States as a result of trucking accidents due to the sheer size difference between a heavily loaded truck and a passenger vehicle. Unfortunately, aside from death and serious injury, trucking accidents also come with specific complications not seen in “normal” auto collisions between passenger vehicles.

Who’s Responsible?

Trucking accidents often involve much more serious injury than other accidents and since insurance companies are famous for wanting to pay as little as possible to victims of accidents, the presence of a highly experienced trucking attorney is critical. Most commercial trucking accidents are governed by federal laws and regulations rather than state; while federal regulations are fairly stringent, drivers don’t always abide by those rules. . Determining liability in a trucking accident can be particularly challenging as there are a variety of potential defendants.

It could be that the driver is obviously at fault in the accident however the company he or she drives for may share that liability, particularly if they overlooked the fact that the driver was over on their allowed hours, or failed to properly train the driver before sending them out on the road. If the accident was the result of a defect in the truck itself, the trailer, the tires or the brakes, then the manufacturer of the truck or the part could be liable for the accident. If the accident was a direct result of poorly maintained brakes, tires or any other part, then the company responsible for the truck maintenance could be held liable. It is common for all these parties to argue ferociously about who is responsible for the accident and many victims of trucking accidents have found themselves suing only the driver who likely has no assets and even less cash.

How Experienced Trucking Attorneys Approach an Accident

Trucking accidents are nearly impossible for the plaintiff to attempt to handle on their own. These cases are built by gathering facts and because trucking companies are well aware of this fact they will often try to block the plaintiff’s attorney at every turn. They will generally send entire teams of investigators to the scene within hours of the accident in an attempt to locate any piece of evidence, no matter how small, that gets their driver and their company off the hook. In other words, it can be difficult to level the playing field following a trucking accident. If the victim of such an accident does not have a knowledgeable trucking attorney in their corner they could find themselves stuck with huge medical bills, lost wages and a life that will never be even remotely normal again.

Factors in Trucking Accidents

Mechanical failures of the truck and driver error are the most common causes of trucking accidents. Driver error can include fatigue, negligence, recklessness or distraction. Driver fatigue is very common among truck drivers as they often drive more hours even than they are legally allowed to do. At present a driver can drive for eleven hours before he or she must take a rest break and many groups want to change that to ten hours. Think about how you feel when you have been behind the wheel for ten or eleven hours straight, then multiply it by twenty. A driver of a big rig must be much more vigilant and alert because driver error on their part can end up in serious injuries or fatalities. Many truckers carry hazardous or toxic chemicals meaning they must be even more conscious of the safety of others.

A great attorney who has your best interests at the forefront will do their best to compile medical records, witness interviews and depositions of trucking company employees in order to ensure you receive full compensation for your injuries. Don’t wait to speak with an attorney—call as soon after your accident as possible.

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Responsibility for a Trucking Accident

Over the past twenty years, the number of trucking accidents has increased by over 20%. For those who are victims accidents involving large commercial trucks, the question liability is often much more complex than in an accident involving passenger vehicles only. Many more “players” exist in a trucking accident, and getting the necessary information can be very difficult. In fact, it is imperative that you have qualified legal assistance when attempting to determine the various relationships between the truck, the trailer, the load, the trucking company, the truck driver, the company who does maintenance on the truck, etc. A personal injury attorney who has had extensive experience in trucking accidents will be able to establish what type of claim works best in your specific circumstances and how your case will be best presented.

Was the Truck Driver Responsible?

In some cases when a trucking accident occurs, the person sitting behind the wheel of the large commercial truck was squarely to blame. The driver may have been distracted, exhausted from driving too many hours, inexperienced, or under the influence of drugs or alcohol. There is a huge responsibility in driving a loaded truck which can weigh as much as 80,000 as well as required skills and training.  A truck driver who is involved in an accident with a passenger vehicle will most often walk away from the accident relatively unscathed while the driver and passengers in the passenger vehicle will suffer death or grave injury.

Since a truck driver’s livelihood depends on getting the load delivered in the timeliest manner, it is common for truck driver’s to get behind the wheel when they desperately need rest. The trucking company is unlikely to prohibit this type of behavior since the faster loads are delivered the more money they make. Although federal mandates have gotten a bit stricter regarding the number of hours a truck driver can driver before he stops to rest, many drivers ignore these regulations. If the driver was at fault in your accident, then he should be held liable.

Was the Trucking Company Liable?

While some truck drivers are independent contractors, the vast majority work for trucking companies. In some cases the company can be held liable for accident leading to injuries and death. These companies bear responsibility for their employees, therefore if those employees are exhibiting negligent behaviors they could be held liable. Perhaps the trucking company failed to train their drivers sufficiently before they sent them out on the road or maybe the company failed to adequately maintain the truck involved in the accident. Brakes and tires particularly must undergo rigorous and regular maintenance in order to be considered road-safe. In some cases the trucking company may not have actually been negligent to still be held accountable for their employee.

Was There Product Liability Involved?

In some cases neither the truck driver nor the company he works for is responsible for the accident rather there was a defect in the truck itself due to the manufacturer. There are so many parts which go into a truck, and if any one of these parts has a flaw, then the safety of all those on the road is at risk. Brakes and the cargo strips which secure loads are two of the primary truck parts which can be defective, leading to serious or fatal accidents. Tires can also blow, which is why truck drivers must check all the truck’s tires each and every time they stop. The manufacturer of a part may be held liable if it can be proven the part was defective and led to the accident.

Is an Outside Company Liable?

In some instances trucking companies employ third-parties to load their trucks, secure the cargo or perform routine maintenance. If an accident occurs because one of these companies or entities was negligent in their duties, then a highly qualified personal injury attorney will be able to ensure you receive the compensation you deserve and need. Don’t wait, hoping everything will work out well, call an attorney as soon as you can.

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The Most Common Causes of 18-Wheeler Accidents in Mississippi

Nearly one in every eight traffic fatalities involves an 18-wheeler. Large commercial trucks typically need much more time to come to a stop, are more likely to have significant blind spots which prevent them from seeing much smaller vehicles on the road, are often carrying heavy loads which could scatter hazardous debris following an accident, and are more prone to rollover than automobiles. Because of the specific nature of the big rig, the truck driver often walks away from an accident with fatalities with only minor injuries, and every year in the United States, over 5,000 people will die as the result of an eighteen-wheeler trucking accident.

Aggressive Driving of Truckers Contributes to Accidents

The sheer weight of a tractor-trailer truck on the highway makes it a formidable enemy when the truck is involved in an accident with a passenger vehicle. Unfortunately, many drivers of 18-wheelers drive in an overly aggressive manner, leading to an increase in accidents. Although there are plenty of truck drivers on the road who are conscientious, safe drivers, those few who are not can give the entire industry a negative image. Many truck drivers who are driving in a less-than-safe manner do so because of the unrealistic schedules forced on them by the trucking company they work for. Truckers are consistently under tight deadlines and mileage quotas, making for very stressful work conditions, which in turn can lead to aggressive driving. Truckers end up making unsafe lane changes, failing to yield the right-of-way to passenger vehicles, making unsafe, too-wide turns, cutting off other vehicles, or driving too fast for the road conditions.

Truck Driver Fatigue Causes Accidents

Although Federal commercial trucking regulations certainly require truckers to stop and rest during their work day, keeping logs to prove they have taken the required breaks, the reality is that due to company pressure and tight deadlines truckers do not always follow these rules. Since both the truckers and the trucking companies make more money the quicker the loads make it to their destination, there is little incentive to follow the Federal guidelines.  Logs can be doctored and truck drivers can end up spending far too many hours on the road, becoming fatigued and even falling asleep at the wheel. Truck drivers also often drive in the early morning or late night hours in an attempt to avoid traffic, which also adds to driver fatigue.  This level of driver fatigue is responsible for many serious truck accidents.

Truck Driver Distraction Causes Accidents

Driving negligence often involves driver distractions such as cell phone use, the use of on-board computers, eating while driving, the use of a GPS, or even fiddling with the radio or other musical device. While truck driver distraction can be difficult to prove, Electronic Control Modules such as the type used in airliner black boxes can record crucial details which took place immediately before the accident occurs. If the truck in question contained an ECM, your attorney will subpoena the records in order to prove negligence or driver distraction. If it is suspected that the driver was using a cell phone, then cell phone records will be obtained and analyzed.

Improperly Secured Loads Cause Accidents

One safety standard that is often overlooked is a properly secured load which can contribute to accidents on the highways. Improperly secured loads can lead to loose objects falling into the road, flying off and hitting car windshields, or can cause the trucker to lose control of his truck as objects from an unsecured load fly off. In short, an unsecured load on an 18-wheeler is an accident waiting to happen, and puts innocent people in danger.

Big trucks are responsible for many of the deadly and devastating accidents which occur on America’s roadways. If the truck driver is not giving his full attention to the road, then the risk of an accident significantly increases. If you have been involved in an accident with an 18-wheeler, it is imperative you find a personal injury attorney who has specific experience in trucking accidents. Your attorney will need to establish liability in order to secure a fair and reasonable settlement for all injured parties, so don’t leave your future to chance or the goodwill of the trucking company.

At Barrett Law, PLLC, a dedicated Mississippi truck accident attorney from our law firm is committed to representing Mississippi car accident victims with the compassion and personal attention that has allowed our law firm to develop a leading reputation throughout Mississippi.  We have been helping Mississippi car accident victims in Lexington and across Mississippi for over 75 years so call Barrett Law, PLLC today at (662) 834-2376.

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Federal Regulators to Eliminate Major Loophole in Drug Testing of Tractor-Trailer Drivers

Although federal regulations have mandated drug testing for truck drivers operating tractor-trailers for well over a decade, some rather major loopholes have allowed those who would otherwise be disqualified from driving on Mississippi highways to remain on the road.  New proposed legislation called the Safe Roads Act may eliminate many of the loopholes that permit commercial drivers to avoid drug and alcohol testing requirements.  Recent studies have shown that almost 70,000 commercial truck drivers currently operating tractor-trailers have tested positive for drugs.  Despite the issue of liability, commercial trucking companies hire these potential unsafe drivers for a variety of reasons including:

  • Many trucking companies fail to conduct adequate background checks that might reveal such tests.
  • Those truck drivers that are independent contractors continue to drive despite positive drug tests.
  • Commercial truck drivers do not disclose prior positive drug tests to potential or current employers.
  • Self-employed drivers who are negligent do not voluntarily remove themselves from service.

The new legislation is aimed at keeping commercial truck drivers who have tested positive for drug use off the road by employing a more comprehensive reporting and enforcement system.  The legislation contemplates the development of a comprehensive database that will compile information regarding drug test results including refusal to submit to such drug testing.  The law would impose an affirmative duty on employers and medical review officers to report positive tests for alcohol and drugs to the national database.

Commercial carriers will be required to check the database as part of their background check during the hiring process for any commercial truck drivers.  To ensure that employers obtain current data, tractor-trailer drivers will be required to provide tests at least every three years.

While drug and alcohol use by drivers of tractor-trailers is in decline, the problem still persists.  Drug use by commercial truck drivers appears to have outpaced alcohol use as a potential danger to other motorists.  A report by the Insurance Institute for Traffic Safety (IITS) of interstate commercial truck drivers found that 15 percent of all truck drivers tested positive for marijuana, 12 percent tested positive for non-prescription stimulants, 5 percent tested positive for prescription stimulants, 2 percent tested positive for cocaine and less than 1% had alcohol tested positive for alcohol.  Alcohol use by truck drivers was once a very serious problem but is now only a factor in a relatively small percentage of trucking accidents.

Trucking companies that are lax about conducting background checks before hiring new truck drivers are directly responsible for many injuries and fatalities caused by commercial truck drivers that should not be on the roadways of Mississippi.

The Barrett Law Office represents those injured in commercial trucking accidents throughout Mississippi.  We are committed to handling the legal and insurance issues related to serious Mississippi trucking accidents so that our clients can focus on healing.  If you or your loved one has suffered injury or the loss of a loved one in a tractor-trailer accident, a Mississippi truck accident attorney is available today for a free initial consultation when you call us today at (662) 834-2376.

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