Dump-Truck Accident in Dallas, Texas, Highlights Dangers of Heavy Truck Versus Car Accidents

A recent accident on the Lyndon B. Johnson Freeway in Dallas, Texas, highlights the dangers when a heavy truck is involved in an accident with cars.  On September 10, 2013, a dump truck was travelling east down one side of the divided road when, according to eye-witnesses, a plume of smoke erupted and the truck slid over one car and pinned it underneath the truck.  The dump truck then jumped across the concrete median barrier into the westbound lanes of traffic and came to rest on a Lexus sedan travelling in one of the westbound lanes. The two individuals in the Lexus—Tarleton and Benna Mullikin—were killed.  Daniel Cerean, the driver of the other car that was pinned underneath the back of the dump truck, sustained injuries but is recovering.  The freeway was closed for five hours in both directions while local authorities attended to the scene.  Authorities have not yet issued details about the cause of the crash.  The dump truck belonged to a company that is a subcontractor working on the roadway construction on the freeway.

Accidents involving large, commercial vehicles and smaller, consumer vehicles often end with disastrous consequences due to the disparity in size between the vehicles.  When accidents like this occur, it is important to ensure that an accident reconstruction expert is retained to thoroughly examine the potential causes of the accident.  Commercial trucks, including semi-trailers, construction trucks, dump trucks, and similar large commercial trucks, are more complicated that vehicles designed for consumer use.  They also experience much more extreme wear, use, and strain simply because of the purposes for which they are designed.  Because of this, proper maintenance of commercial trucks is vital. Unfortunately, the owners of these trucks sometimes do not properly maintain them.  This inadequate maintenance can lead to accidents. Inadequate maintenance can cause issues in braking systems, tires, and load distribution capabilities.

Frighteningly, braking systems are a common area of insufficient maintenance.  The weight of commercial trucks and the force needed to stop them can lead to tragedy when brakes have not been properly inspected, serviced, or replaced.  Simply put, inadequately maintained braking systems prevent trucks from stopping when they should or, even worse, from stopping at all.

Inadequately maintained tires is a second major cause of trucking accidents.  Tires are vital to the safe operation of all commercial trucks.  When tires are not replaced at the end of their useful like, the risk of a tire blowout increases dramatically. Tire blowouts can cause drivers to lose control or be unable to maneuver the truck or to be unable to slow or stop the truck.

Trucks haul things; that is what they are specifically intended to do.  This function is made possible by a multitude of coupling devices, bolts, and locking mechanisms, just to name a few. If these parts are insufficiently maintained, eventually they can fail.  When such a failure occurs, the load a truck is transporting can shift or completely fall loose from the truck.  Obviously, loads falling completely loose represent a hazard to all oncoming traffic.  Shifting loads can also cause the truck to lose control.

If you or a loved one has been involved in an accident involving a commercial truck, it is important to retain an attorney experienced in this type of personal injury lawsuit.  You need an attorney who understands when an expert is necessary, and knows which experts on which to rely.  You also need an attorney who understands how to fight insurance companies—sometimes, many of them at the same time.  Barrett Law, PLLC has been fighting for the rights of individuals injured as a result of trucking accidents for decades.  We are here to fight for you.  Please contact us today at (601) 790-1505 to learn more about how we can help you.

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Expectations With That of Trucking Accidents In Mississippi

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In our lives we are responsible not only for getting tasks and responsibilities accomplished, and done so in a timely manner, but also that of getting from place-to-place in order to get them done. In order to do so we not only rely the majority of the time on our vehicles, but also that of the road itself. However, are you actually safe on the road in this day and age? When we think of the majority of auto accidents that occur on the road today we typically assume they occur at the hands of the individual driving the vehicle. However, that is not always the case, especially when large trucks are around.

What Purpose Do Trucks Really Serve?

Trucks are one portion of our world today that help not only transport necessary materials from one area to the next, but also transport that of the goods, and products that can be seen all throughout our homes, which are purchased from supermarkets, and other stores. While we rely on these vehicles to not only help transport supplies we depend on so much we also rely on them to do so while operating their vehicle properly, and safely. Unfortunately, this is not the case today in many instances.

The Facts of The Matter

Today, trucking accidents have not only significantly risen, not only within Mississippi, but all throughout the country as well. Why? From reasons ranging between fatigue to inexperience, or just negligence these accidents not only are continuing to occur, but also causing a large amount of damage to whatever comes within their path. In many cases, automobiles such as sedans, and SUVs can not only be destroyed to what looks like a crushed soda can, but the passengers inside not simply injured, but killed with one swift hit. Yet, those motor vehicle operators that do manage to survive do so with serious, and debilitating injuries that impact their quality of life and welfare presently, and for years to come.

If you or a loved one has been involved in a trucking accident and has been injured or killed you may be entitled to damages for your pain, suffering, and property damage. Make sure that you contact an experienced, and ultimately dedicated attorney immediately in order to fight for what we all truly want at the end of the day, which is that of peace of mind.

If you, or a loved one, have been injured in a car accident due to someone else’s negligence, make an appointment with one of our Mississippi attorneys by calling (601) 790-1505.

 

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Mississippi Trucking Accidents Frequently Asked Questions (FAQs)

Anyone driving the highways of Mississippi has come across serious accidents involving tractor-trailers.  These accidents are so disruptive that they often tie up all lanes of a freeway for hours.  They also frequently involve devastating life-changing injuries because of the relative weight difference between a big-rig that is carrying a full load and a relatively diminutive passenger vehicle.  Although tractor-trailers constitute a fairly nominal percentage of vehicles on Mississippi roadways, they account for a third of all motor vehicle related fatalities in the U.S.  We often receive inquiries about Mississippi tractor-trailer accidents so we have provided some answers to basic questions.

Are tractor-trailers really any more dangerous than other motor vehicles?

Tractor-trailers are absolutely more dangerous than other types of motor vehicle accidents.  A fully loaded conventional tractor-trailer that navigates the roads of Mississippi may weigh as much as 80,000 pounds and exceed 75 feet in length.  This makes tractor-trailers more likely to be involved in a collision because they are less responsive to sudden steering and braking maneuvers.  Tractor-trailers also have enormous blind spots that make collisions more likely when making lane changes or merging with traffic.  These enormous motor vehicles also cause more serious injuries when involved in a collision because of the weight difference between a passenger vehicle and a tractor-trailer.

Are there special rules that tractor-trailer drivers must follow?

While tractor-trailer operators must abide by the traffic laws that apply to motorists generally, there are special restrictions on the operation of tractor-trailers because of the unique risk that these motor vehicles posed to those with whom they share Mississippi roadways.  Any big rig that engages in interstate trucking, which means it operates across state lines, is subject to regulation by the Federal Motor Carrier Safety Administration (FMCSA).  These carriers may also be subject to state regulations when being operating within Mississippi’s borders.  Intrastate trucking companies operate exclusively within Mississippi, and they are governed primarily by Mississippi state laws and regulations.  Trucking regulations address many key safety issues associated with tractor-trailers including:

  • Drug and alcohol testing
  • Anti-fatigue rules (hours of service rules)
  • Maximum length and weight of tractor-trailers
  • Pre-employment screening standards
  • Rules regarding medical fitness to operate a tractor-trailer
  • Restrictions on the transport of hazardous substances
  • Rules regarding properly securing of loads

While these are just a few example of trucking safety issues that are governed by state and federal regulations, these regulations are an acknowledgement of the danger posed by tractor-trailers.

What types of Mississippi tractor-trailer accidents is a driver likely to be involved in?

Tractor-trailers may be involved in any of the normal sorts of accident that passenger vehicles are involved in including rear-enders, head-on collisions, rollover accidents, run-off-the-road accidents as well as others.  However, the unique physical attributes of a tractor-trailer mean that it also may be involved in accidents that are unique to this type of vehicle.  One particularly dangerous type of Mississippi tractor-trailer accident is a “jackknife” accident.  A jackknife accident occurs when the cab of a tractor-trailer is skidding and the trailer pushes the cab forward which causes the cab to swing around toward the rear of the vehicle.  These accidents can be extremely dangerous because the tractor-trailer may rollover on other vehicles or block the entire roadway.  Carriage underride accidents are also a particularly dangerous type of tractor-trailer accident.  In a carriage underride accident, a passenger vehicle slides under the tractor-trailer where it may be crushed.

How common are fatalities in trucking accidents?

Accidents involving tractor-trailers account for one-third of all accident related fatalities.

Is a tractor-trailer injury claim similar to other motor vehicle accident claims?

Collisions involving tractor-trailers are generally more serious than other motor vehicle accidents.  Many times our experienced Mississippi trucking accident attorneys use industry experts during the process of negotiating or litigating a claim.  We also work aggressively to avoid the loss of critical evidence.  Trucking accidents are so common for commercial carriers that they frequently make minor repairs and put commercial vehicles right back in service.  This can mean that evidence of damage to the tractor-trailer or information stored on the vehicle’s black box data recorder may be lost.  While fatigue and hours of service related issues also may be recorded in a driver’s logbook, these books are often filled with distortions and inaccuracies.

If you are involved in a tractor-trailer accident, our experienced tractor-trailer accident lawyers at Barrett Law may be able to represent you in obtaining compensation for your injuries.  Our law firm offers careful investigation of the facts, extensive knowledge of the law, creative legal strategies and effective negotiation and litigation.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing aggressive representation to Mississippi tractor-trailer accident victims for over 75 years.  We provide diligent legal representation and impassioned advocacy so we invite you to call us today at 662-834-2376 to learn how we can help.

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Mississippi 18-Wheeler Under-ride Accidents

Semi-truck trailers are naturally higher than the average passenger car, meaning that should a car collide with the rear of the trailer, it could slide under the trailer, causing serious injuries and death from decapitation. Unfortunately, rear-end collisions are not all that uncommon, and are often not the fault of the driver of the passenger vehicle. Because of this, there is a simple modification that the manufacturers and owners of big rigs can make, but few of them have taken the time to correct this hazard which could prevent a simple rear-end bump in from turning into a fatality.

Under-ride and Injury Severity in Real Crashes

While any collision between a passenger vehicle and a large truck is a risky event, under-ride makes death or serious injury much more likely as the upper part of the car will crush as the truck body intrudes into the vehicle’s safety cage. Rear guards are the primary means of reducing under-ride accidents. About 425 people driving passenger vehicles die each year when their vehicle strikes the back of a truck, and it is estimated that at least half of those were due to an under-ride which could have been prevented. Even though the front end of passenger vehicles are specifically designed to minimize injuries to the occupants, should your vehicle strike the back of a big truck without an under-ride guard, your chances of walking away are not good.

Factors at Play in a Mississippi Under-ride Accident

There are many factors involved in a serious under-ride accident, however the most common are inclement weather, driver carelessness, poor road conditions, poor road lighting or a truck driver making a wide turn or a u-turn. Fog and snow can mask the light color of many trucks, and poor lighting can form a sort of camouflage, especially on silver trucks. During nighttime hours a lack of lighting in the evenings can make it difficult to see the outline of a dark-colored truck trailer, making it nearly impossible for the driver of the passenger car to stop in time to avoid an under-ride. If the driver of the passenger car is momentarily inattentive they may miss seeing a truck which is inadequately pulled off the side of the road, or if the truck driver is inattentive he may brake suddenly, causing the car behind to collide.

When there is No Under-ride Guard or it Doesn’t Meet Safety Standards

Many of the under-ride accidents documented regarded trucks and trailers which were “exempt” from the necessity of installing the guards, or when the guards installed failed. Guard failure could be due to the attachment between the guard and the trailer being overly weak, or when the attachment between the guard’s supports and the trailer broke due to insufficient welding or bolting. In some instances the under-ride guard remained attached to the trailer, but the trailer chassis buckled, rotating the guard up. Other vehicles were simply exempt from having under-ride guards, including trailers which had the rear wheels set closely to the back of the trailer, or trucks with a cab and cargo body on one chassis. Dump trucks were a well-known hazard in this class, as few possess an under-ride guard, yet many are involved in fatal under-ride accidents.

If you or a family member has been injured in an accident involving a Mississippi18-wheeler, especially if the truck driver or his faulty equipment was at fault, you should contact our law firm to speak with a Mississippi truck accident attorney who is familiar with the laws governing the operation of commercial vehicles. Under-ride accidents are preventable, and if the trucking company or owner was negligent in the installation of guards, then an attorney from our law firm may be able to help you recover your losses for injury or death.

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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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Drugs and Fatigue: Dangerous Combination for Commercial Truck Drivers

Violations on the part of truck drivers are not new in the commercial trucking industry.  Some drivers keep illegal driving logs, drive without the proper qualifications, use drugs to combat fatigue and commit other infractions like speeding.  All these types of violations put other drivers at risk.  Commercial truck drivers have a responsibility to operate their vehicles safely within state and federal regulations.

If you are involved in an accident involving a tractor-trailer truck, you should contact an experienced trucking accident attorney.  An experienced tractor-trailer accident attorney will reconstruct the accident using skilled investigators and accident reconstruction experts.  A trucking accident law firm will carefully examine things like the driver’s logs and the records of the trucking company.  Even though driver fatigue is a common cause of large truck accidents, the use of drugs to combat this fatigue greatly compounds the dangers.

The Role of Drugs in the Trucking Industry

The cause of large truck accidents was under investigation and the National Transportation Safety Board did a series of safety studies.  The safety studies targeted different subjects including the use and abuse of alcohol and drugs as a factor in tractor-trailer accidents.  The study concluded that a third of truck drivers that end up fatally injured in trucking accidents tested positive for drugs or alcohol.

The most common factor that was involved in the death of truck drivers in accidents was the combination of drug use with fatigue.  Research shows that truck drivers are more likely to use amphetamines than the average worker in the U.S. These drugs help commercial truck drivers stay awake so that they can push themselves and drive longer hours.  By driving more hours, they can deliver more goods, which means they increase their income and get more work.

In the early 1990’s, the NTSB strengthened the regulations in terms of alcohol and drug use by truck drivers.  These regulations prohibited drivers from using alcohol or drugs while driving.  They also included requirements for pre-employment, post-accident and random drug and alcohol testing of drivers.

Truckers continue to violate laws everyday even with these regulations in place.  If you or someone you love have been seriously injured in a trucking accident, you may be entitled to compensation for your injuries.

Our Mississippi trucking accident attorneys have been representing commercial trucking accident victims in Mississippi for over 27 years.  We have helped hundreds of clients throughout Mississippi to obtain damages that they deserve.  We offer a free initial case evaluation so that we can evaluate whether you have the basis for a personal injury lawsuit so call us today at 662) 834-2376.

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Brake Failure a Leading Cause of Mississippi Tractor-Trailer Crashes

The deadly impact of a tractor-trailer collision with a passenger vehicle is a product of a combination of factors including the immense size of the truck, the weight of the truck, the speed of the truck, as well as the overall weight and weight distribution when considering the tractor-trailer cargo.  These factors often form a “perfect storm” and result in a devastating impact that can completely destroy a passenger vehicle and cause permanent catastrophic injury to the occupants or all to often wrongful death.  Brake failure is one of the leading causes of Mississippi tractor-trailer crashes. Brake failures or other problems associated with brakes cause about 30 percent of truck accidents according to the National Highway Safety administration.

Other causes often contribute to brake failure accidents involving commercial vehicles, such as truck driver negligence including fatigue or driver error, as well as defects from other truck components such as tire failure. When commercial truck brakes fail, however, the massive force generated by 80,000 moving at 55 miles per hour will can wreak havoc when it is unable to stop even when the truck driver does everything right.

Collisions involving a tractor-trailer which experiences brake failure may take many forms, such as jackknife accident, rear-end collisions, intersection collision, truck under-ride crash, and fatal collisions involving pedestrians and bicyclists.  The issue of improperly maintained or defective brakes on tractor-trailer may be amplified by the fact that these vehicles are difficult to stop and this difficulty is compounded when conditions are less than ideal.  Recently, a tractor-trailer accident in Mississippi claimed the life of a 10-year-old girl and left 10 others injured. The cause of the accident combined the variable of adverse weather with the driver’s inability to stop in time in order to avoid the accident.

A particular dangerous type of tractor-trailer accident that may be caused not be defective brakes as much as improper application or sudden emergency use of the brakes.  A jackknife commercial trucking accident involves the folding of a tractor-trailer in such a way to resemble a pocketknife folding in an acute angle, which causes the trailer to swing out in front and face backwards, posing an extreme risk of harm to surrounding drivers.  If the truck driver applies the brakes suddenly while the vehicle is still going at a fast rate of speed, the trailer is still in motion during the sudden braking, and physics will cause this catastrophic jackknife scenario.

Companies are required to regularly inspect trucks in order to detect mechanical problems or defects and repair these problems to avoid fatal trucking accidents.  A trucking company has a obligation to keep the brakes in working condition which involves adjusting the brakes when necessary, checking the valves, air hoses and the air pressure, and other inspections in order to avoid issues involving wear and tear on brakes.  A faulty brake design may also cause a brake related commercial truck accident.  If you have been injured in an accident involving a commercial truck, you may be entitled to compensation for you injuries.

The attorneys of Barrett Law, PLLC have been representing those who suffer serious injury in motor vehicle accidents for over 75 years.  Our experienced Mississippi trucking accident lawyers are available to assess your case.  We represent truck accident clients with compassion and zeal so contact us today at (662) 834-2376.

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Excuses, Excuses Shifting the Blame in a Serious Semi-Truck Accident

Mississippi semi-truck collision cases can be complex and difficult because trucking companies have an enormous amount of resources and are frequently involved in trucking accident lawsuits related to injuries caused by their drivers and vehicles.  The case of Canton Broiler Farms, Inc v N. Warren (Supreme Court of Mississippi 1968) 14 So. 2d 671 offers interesting insight into the complex factual patterns and convoluted theories often offered by trucking company lawyers designed to assist their clients in avoiding responsibility for serious trucking accidents in Mississippi.

In the Canton case, a tractor-trailer truck owned by the defendant overturned and part of the Semi was on the highway. There also were crates of chickens all over the road that fell from the wrecked tractor-trailer.  The truck driver failed to place flares around the semi-truck, remove the chicken crates from the roadway or provide any warn to oncoming traffic of the big-rig accident.  Another driver then assisted the trucker but parked his pick-up truck so that its headlights shined in the eyes of approaching traffic.

The semi-truck accident victim was a passenger in his brother’s car and suffered permanent injuries when the driver was blinded by the headlights and crashed into the crates of chickens. The driver took evasive maneuvers to avoid the resulting motor vehicle collision but did not see the road obstruction soon enough because of the blinding headlights.

The trucking company tried to point the finger at everyone but its own driver.  For example, the trucking company lawyers claimed that the victim’s brother was responsible because he did not stop when he saw the headlights.  The trucking lawyers even had the gall to argue that the injury victim “assumed the risk” of injury in the serious Mississippi trucking accident because he did not make his brother (the driver) stop.

In Mississippi, for there to be an assumption of the risk, there must be a knowing appreciation and deliberate exposure to danger so this argument was rejected.  The court refused to allow the trucking company to shift the blame for its own truck driver’s negligence.  In other words, a passenger need not act as a “back-seat driver,” or assume the risk of injury.

Another interesting aspect of this Mississippi trucking accident case is that negligence by a truck driver is not excused by the subsequent foreseeable conduct of a third party that contributes to the semi-truck accident.  It was foreseeable that the truck driver’s actions in leaving debris in the roadway and failing to provide warnings to approaching traffic could result in an serious motor vehicle accident if an approaching vehicle were blinded by headlights.  Thus, the good samaritan’s negligence did not excuse the negligence of the truck driver.

These types of insensitive and offensive tactics are common in Mississippi trucking accident lawsuits.  Trucking company insurance lawyers are in court all the time defending their clients in serious Mississippi trucking accident cases.  If you or a loved one is seriously injured in a Mississippi trucking accident case, it is important that you seek legal assistance from a law firm that focuses a substantial portion of its practice on Mississippi trucking accident cases.

At Barrett Law PLLC, our firm’s roots date back 75 years so we have handled many trucking accident lawsuits in Mississippi.  If you or your loved one has suffered serious injury in a Mississippi semi-truck accident, you need the experience and commitment of Barrett Law, PLLC in your corner.  We handle semi-truck accidents in Mississippi and throughout the U.S. so call us today so that we can evaluate your case at (662) 834-2376. No Recovery No Fee!

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