FMCSA Sets Higher Standards for Random Drug Testing of Truck Drivers Than for Rail, Vessel and Aviation Segments of Economy

When vehicles weighing thousands of pounds and traveling at freeway speeds collide, the result can by permanent debilitating injuries and fatalities. The danger increases when one of the vehicles is an 80,000 pound fully loaded tractor-trailer. When the driver of the forty ton big-rig is under the influence of alcohol or drugs, the potential danger posed to others on Mississippi roadways rises to alarming levels. Despite this frightening reality, commercial drivers often opt to use drugs to cope with pressures at home, boredom on the road, and fatigue behind the wheel. Although the Federal Motor Carrier Safety Administration (FMCSA) continues to regulate the trucking industry by imposing screening procedures that target intoxicating substances, the threat to public safety caused by impaired truck drivers has not disappeared.

 

The magnitude of the problem is reflected by the continued priority that the federal government places on substance abuse testing of tractor-trailer operators. While federal safety regulators impose random drug testing on many people employed in the transportation industry, the level of testing by the FMCSA exceeds similar testing by the Federal Aviation Commission, Federal Railroad Administration, and other agencies under the auspices of the Department of Transportation (DOT).

 

The FMCSA found that random drug sampling in 2015 remained at the same 50 percent rate as the prior year. This level of testing requires trucking companies to perform one random drug test for every two drivers. If the trucking company employs 250 drivers, for example, the company will be required to administer 125 random drug tests. This fifty percent standard is double that set by the federal government for most other transportation agencies during the same period, which include the following: Federal Aviation Commission, Federal Transit Authority, United States Coast Guard, Federal Railroad Administration, and the Pipeline & Hazardous Materials Safety Administration.

A worldwide study of the use of intoxicating substances by truck drivers that was published in the Occupation and Environmental Journal was noted by the FMCSA in comments to Reuters, “Safety is our number one priority and the FMCSA has strict requirements on pre-employment screening and random and post-accident drug and alcohol testing….”

The study also found that certain truck drivers were more likely to be prone to test positive for drugs or alcohol. Offending drivers were more typically young and inexperienced. Offending drivers were also prone to working nighttime shifts and navigating longer routes. The companies that employed these drivers also tended to be small to medium firms as opposed to large trucking companies. The authors of the study speculated that perhaps larger trucking companies can provide higher salaries and better working conditions. They also suggested that larger trucking companies might be less prone to demand longer driving times and short rest periods, which provide a motivation to use amphetamines, cocaine, marijuana, and other controlled substances that fight stress, fatigue, and boredom.

Despite federal regulations that mandate screening for intoxicating substances and random drug testing, commercial carriers that disobey these requirements continue to permit drug-impaired truck drivers to navigate our roadways. If you or your love one is injured by a drug-impaired truck driver, you may have a legal claim for damages against the negligent truck driver and/or the indifferent trucking company that fails to conduct required screening, to report infractions, and/or to implement appropriate disciplinary action.

If you have been injured in a commercial trucking accident in Jacksonville or the surrounding areas, our Mississippi Truck Accident Lawyers have successfully represented many victims of negligent truckers and commercial carriers in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

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Mississippi Trucking Accidents: Negligent Selection and Hiring

When drivers and passengers are involved in a multi-vehicle collision, there is always a risk of severe injury or wrongful death.  If one of the vehicles weighs 25 times more than the other vehicle, the consequences can be even more serious for occupants of the smaller vehicle.  Given the high risk of catastrophic injury associated with tractor-trailer crashes, victims are well-advised to understand the theories that make companies liable for collisions caused by the negligence of truck drivers.  Companies receive legal advice from insurance carriers and attorneys regarding ways to shield themselves from liability for the injuries caused by commercial drivers.

A common strategy employed by many businesses involves classifying drivers as independent contractors.  If a truck driver causes an accident because of exhaustion after ignoring hours of service rules, the trucking company will argue that the plaintiff in a trucking accident lawsuit must seek compensation from the so-called “independent contractor.”  This can present a serious dilemma for plaintiffs because a true independent contractor, such as an “owner-operator” typically will not have nearly as much coverage as a trucking company or a company shipping products.

Given the financial incentive to maximize profits, companies often develop practices designed to move goods to their destination at the lowest cost.  Compliance with safety rules does not necessarily permit the greatest possible reduction in cost, so companies cut corners.  Truck drivers with poor driving records and/or a history of alcohol or drug abuse typically cannot command the same pay as a good driver.

Our experienced Mississippi trucking accident attorneys can help you pursue a claim even if the trucking company contends that the driver is an independent contractor.  The classification given to a driver by a company is not the final word on whether the truck driver is really an independent contractor.  If the company exercises a sufficient degree of control over the driver, the so-called independent contractor status can be exposed as a fiction.  Careful discovery and analysis of documents and testimony regarding the degree to which the company manages the driver can persuade a court to determine that an employer-employee relationship exists.  This finding is important because the liability of a careless or inattentive truck driver can be attributed to the company under the doctrine of respondeat superior, which literally translated means “let the master answer.”

Even if the negligent truck driver that causes your injuries is an independent contractor, the company with whom he contracts can still be financially responsible for his lack of care.  Generally, a company can be liable for physical injury to third parties caused by its lack of reasonable care in employing a careful and competent contractor.  This principle extends not only to a trucking company that uses independent contractors to navigate its routes but also to a retailer that hires an individual owner-operator to transport loads.  Our Mississippi trucking accident lawyers gather evidence to determine whether the company failed to adequately screen a driver before authorizing him to operate an 80,000-pound tractor-trailer.

Trucking companies sometimes hire drivers (even as an independent contractor) without an adequate background check regarding the driver’s past traffic citations, failure to comply with trucking safety regulations, alcohol or drug abuse issues, employment history, and collisions.  We are committed to holding companies accountable when they endanger public safety by cutting corners during the hiring process.

If you have been injured in a trucking accident in Jacksonville or the surrounding areas of Mississippi, our Mississippi Trucking Accidents Lawyers have successfully represented many tractor-trailer accident victims in obtaining compensation for their injuries.  At Barrett Law, we are here to help.  Contact our firm today at (601)790-1505 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

 

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Mississippi Trucking Accidents Caused by Air Brake Failure

Defects and malfunctions are a factor in close to five percent of all fatal crashes involving tractor-trailers.  While there are many vehicle-related issues that can contribute to a trucking accident, unsafe brakes constitute one of the most dangerous types of malfunction that can cause a large truck to collide with other vehicles.

Since semi-trucks are much heavier than passenger cars, vans, and pickups, truck drivers require a much longer time to stop when confronted with a road hazard.  Because of their size and weight, large trucks are equipped with a different type of braking system than passenger cars.  Generally, large trucks come equipped with compressed air brake systems whereas passenger cars rely on hydraulic brake systems.

A compressed brake system is comprised of several components, including an air compressor driven by the engine, control panels, a compressed air storage tank, services brakes, and parking brakes.  When a truck driver pushes down on the brake pedal, pressure is generated and propelled into the brake chamber.  The air slows the rotation speed of the wheels of the tractor-trailer.  Although this type of braking system is more efficient at reducing the speed of heavier vehicles, air brake systems can fail without adequate and timely maintenance.  When air brakes on a large truck fail, the prospect of an 80,000 pound vehicle streaking down the highway out-of-control can be a terrifying sight.

The vast majority of tractor-trailers are equipped with a backup braking system designed to avert collisions when a big-rig cannot stop or slow properly.  Despite this form of redundancy and the general reliability of air brake systems, trucking accidents involving brake failure cause a significant number of motor vehicle accidents.  In most instances, the brakes fail on a large truck because the operator’s driving places too much stress on the brakes, or the driver fails to properly engage the braking system.

Even when problems exist with the air brake system, the brakes offer some resistance which allows the truck driver to gradually bring the vehicle to a stop.  However, mechanical or maintenance issues can interfere with the efficient functioning of the brakes.  If these problems are not detected and rectified prior to leaving on a route, minor errors by the driver can exacerbated stress on the brake system when an emergency occurs.

Commercial drivers need to anticipate that air brakes and backup brake systems will not functioning at full capacity all the time.  Drivers can reduce the risk of a trucking accident if they reduce the amount of stress and wear on the braking system by avoiding riding on the brakes on sharp inclines or stopping short.  Safe driving practices can prevent situations that necessitate placing excessive stress on the brakes, such as traveling at a safe speed, observing a proper following distance, and anticipating potential road hazards that necessitate slamming on the brakes.

Brake sensitivity also commonly is a factor in many large-truck crashes, particularly when drivers use too much force engaging the brakes.  This mistake is common among less experienced drivers who utilize excess pressure when activating the brakes.  When novice drivers must navigate wet and slippery Mississippi roadways, the risk of a jackknife accident caused by applying the brakes too quickly and rapidly increases significantly.

If you or your loved one is injured in a commercial trucking accident, you are invited to contact the experienced Mississippi Personal Injury Attorneys at Barrett Law to learn how we can help.  Our tractor-trailer accident lawyers have been representing accident victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at (601) 790-1505.  No Recovery No Fee!

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Mississippi Trucking Accident Attorneys Discuss Accidents Caused by Shifting Loads

A truck driver was recently killed in a single-vehicle accident on Highway 9. The wreck occurred when the eighteen-wheeler that he was driving went off of the road. As the truck left the roadway, it went over two ditches, hit a power pole, crashed through a fence and eventually came to a stop near a tree. The driver of the truck was trapped inside of his truck and tragically died before he could be freed from the wreckage by rescue workers.

While this tragic eighteen-wheeler crash is still being investigated, it has been noted that it is possible that the accident may have happened when the load that the driver was hauling shifted. The shifting load may have caused the driver to lose control of the truck. The eighteen-wheeler was carrying a load of aluminum coils at the time that the accident occurred. Shifting loads have been implicated as the cause of some tractor trailer accidents. Cargo on a flatbed or in a trailer can sometimes move around as the truck moves along the road. When cargo moves, the weight of the load shifts, and the shift of the weight can be dramatic enough to cause the driver to lose control of their truck.

Truck drivers can reduce the likelihood that cargo will shift during transit by securing loads properly. Also, keeping loads to a safe weight can reduce the chance of a crash. Some trucking accidents caused by shifting cargo do still occur even when loads are a proper weight and are secured well, but taking those precautions reduces the risk dramatically.

There are some things that can contribute to tractor trailers being on the road with overweight or improperly secured loads. Although truck drivers are supposed to look over their trucks to ensure that they are loaded properly, some drivers may take the time to do so every time they go out onto the road. Sometimes, trailers are loaded by workers before the truck driver picks them up. In these situations, the driver is often expected to just attach the trailer to their truck and be on their way. This seems like an efficient way to manage shipping operations, but it does create some room for error as far as safety is concerned. Accident risk from unsafe loads also increases when drivers are pressured by their employers to load their trucks to maximum capacity or even beyond it, in order to increase profits.

Barrett Law PLLC:  Representing Mississippi Trucking Accident Victims and Their Families

Trucking accidents have the potential to cause death, injury, and large amounts of destruction. If you were hurt in a trucking accident or if someone that you love died in a tractor trailer wreck, the Mississippi trucking accident attorneys at Barrett Law PLLC are here to help you. Our team of Mississippi Trucking Accident Attorneys is dedicated to helping you and your family, so please call our office today at 1 (601) 790-1505 to schedule a free consultation.

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Mississippi Trucking Accident Attorneys Discuss the Dangers of Hazardous Materials

When tractor trailers crash, there is always the potential for a great deal of destruction in addition to serious and even fatal injuries. One recent accident in Lawrence County illustrates how the damage caused by a tractor trailer accident can be even greater than usual, depending upon what the truck is carrying. In that accident, a tanker full of gasoline flipped over. After the accident, multiple roads in the area where the accident occurred were closed for many hours while emergency crews from multiple agencies worked to contain the gasoline with foam, prevent fires and explosions, and remove the wreckage from the roadway.

Fortunately, the human cost of this accident was small in comparison to what it could have been. Property damage and environmental damage were the greatest concerns associated with this particular accident. The truck driver, who was wearing a seat belt at the time of the crash, received only minor injuries. Officials say that more serious injuries or death could easily have resulted from a crash like this.

The accident appears to have been caused by brake failure. Because of that, this crash serves as a reminder of the potential for tractor trailer wrecks to be caused by, e.g., design defects in the manufacture of a truck or its component parts and improper truck maintenance. The construction, care, repair, and daily inspection of the trucks that are used to carry so many things on so many roads every day are all factors that can affect the accident risk associated with these trucks.

Accidents involving tractor trailers are often very serious because they are both large and heavy vehicles. Additionally, the cargo contained by some trucks, like the aforementioned tanker full of gasoline, can be very dangerous if it is released from the truck during an accident.  Gasoline and other hazardous materials can cause death, serious injuries, environmental damage and property damage. Even substances that are not flammable or explosive can pollute water supplies, corrode road surfaces, or release toxic fumes.

Many Americans do not know just how often accidents involving hazardous substances occur. In the ten year time period between 2004 and 2013, over three thousand accidents occurred which involved trucks and hazardous substances. Over ninety people died, hundreds of people were hurt, and the estimated cost of property and environmental damage associated with these crashes is in excess of four hundred and fifty million dollars.

Barrett Law PLLC:  Helping Mississippi Accident Victims and Their Families

Trucking accidents can cause a lot of damage, both in terms of death and serious bodily injury and in terms of property damage. When hazardous cargo is involved, there is an even greater potential for injury and loss. If you were injured or someone that you love was killed as the result of an accident involving a tractor trailer, the experienced and dedicated Mississippi Personal Injury Attorneys at Barrett Law PLLC would like to help you. Please call us today, at 1 (601) 790-1505 to schedule your free, initial consultation.

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Mississippi Trucking Accident Attorneys Talk About the Risks of Hazardous Cargo

Some trucks that are on the road contain cargo that is hazardous. These trucks pose all of the usual dangers of other tractor trailers and trucks on the road, plus the additional danger that would be created if the hazardous cargo were to be ejected or spilled from the truck in an accident. Trucks that haul hazardous materials have a great deal of potential to cause death, injury, and physical and environmental damage than other trucks hauling benign substances.

The accident scenarios that involve hazardous materials are just as varied as reports of accidents involving other types of trucks.  In some accidents involving tractor trailers, the trailer disconnects from the cab. Ordinarily, that could result in the trailer tipping over and spilling its contents on the road or in the surrounding area. The same thing can happen with a truck full of a hazardous substance, and one such accident did occur in Nashville, Tennessee. When the trailer full of sulfuric acid disconnected from the truck, the acid spilled out and hazmat teams had to clean it up quickly in order to reduce the likelihood of harm and to contain the threat to the public. When the driver of a tanker filled with hazardous material fell down an embankment and into a creek, a lengthy cleanup process was required to restore the area where the spill had occurred.

Hazardous materials are substances which can harm people, the environment, and animals, if they are released.  Hazardous materials have properties like toxicity, radioactivity, corrosiveness, explosiveness, and flammability. They are often transported in tanker trucks or tractor trailers which carry colorful placards that describe the hazardous characteristics of their cargo. Various types of materials can cause different types of damage. Poisonous substances can produce fumes which can harm people in the surrounding area. Poisonous substances can hurt people at the accident scene if they come into contact with them, and they can cause long-term environmental damage if they get into the soil and/or water in the area. Explosive materials could cause severe damage to a large area, depending upon the type and amount of explosive substance that is involved in the accident. Radioactive substances can have a far-reaching effect on the health of people, plants and animals if they get into groundwater flammable material create a great danger to everyone who is near the including the emergency personnel who respond to the accident.

Barrett Law PLLC:  Protecting the Rights of Those Who Are Hurt by Hazardous Cargo  

Hazardous cargo from trucks can cause serious injuries and fatalities, in addition to the injuries and deaths that are caused by the accident that causes the cargo to fall or spill out of the truck. If you have experienced an injury or a loss in connection with a Mississippi trucking accident, the experienced and dedicated Mississippi Trucking Accident Attorneys at Barrett Law PLLC are here to help you. Please call us today, at 1 (601) 790-1505 to schedule your free, initial consultation.

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Mississippi Trucking Accident Attorneys Discuss Delivery Truck Accidents

A tragic accident claimed the life of a FedEx delivery truck driver earlier this month. The early morning accident occurred after a car traveling on I-20 hit the back of a tractor trailer and became disabled. The car stalled in the right lane of I-20, and the FedEx truck hit it. The impact of the crash sent the FedEx truck through the railing of a bridge, and it fell about forty feet before landing upside down next to a set of railroad tracks and catching fire.

Delivery trucks are on the road at all hours of the day and night. Just like every other vehicle, there is always the risk that a delivery truck will be involved in an accident. When a delivery trucks is involved in an accident, there is a high probability that serious injury, large amounts of property damage, and even death could result. Delivery trucks are smaller than eighteen wheelers, but they can be surprisingly heavy. For example, the FedEx truck that was involved in the aforementioned fatal accident was carrying just under nine thousand pounds of paint, in addition to the weight of the truck itself.

The size and weight of delivery trucks often means that they will cause more damage than passenger vehicles do when they are involved in an accident. The design features of delivery trucks which make it easy for their drivers to get in and out of their vehicles quickly pose a unique risk to delivery truck drivers, increasing the risk that they will be ejected from the vehicle in the event of a collision. Also, some the people who drive delivery trucks are under qualified for that type of work, or they have not had the proper training.

The companies that own large fleets of delivery trucks are aware that accidents are a part of doing business. They have developed comprehensive plans for dealing with accidents involving their trucks. Trucking companies’ plans for dealing with delivery truck accidents often involve sending an accident response team to collect information from the accident scene right away. The insurance companies that represent package delivery companies also try to get as much information as they can about delivery truck crashes as soon as possible, so that they can use that information to support their positions in regards to any claims that may arise out of the accidents.

Barrett Law PLLC:  Representing Trucking Accident Victims Across the State of Mississippi

Delivery truck accidents can cause a great deal of injury and loss.  If you have been injured or if you have lost a loved one in a delivery truck accident in the state of Mississippi, the Mississippi Trucking Accident Attorneys at Barrett Law PLLC can help.  We help accident victims obtain full compensation for their injuries, including medical bills, lost wages, pain and suffering, and more.  Call the skilled, compassionate, and dedicated Mississippi Trucking Accident Attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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Mississippi Truck Accident Attorneys Offer Insights Into How to Choose a Truck Accident Attorney

When you have been injured in any type of truck accident, selecting the right personal injury can be a difficult decision.  You need an attorney who will ensure that your case is successful and you receive the compensation that you deserve.  Choosing a truck accident attorney is not always easy and accident victims often have no idea where to begin.  We offer the following helpful hints to selecting the right accident attorney so you can focus on your recovery:

  1. Experience:  When it comes to a truck accident case, and really any personal injury action, you will want an attorney with some experience.  Truck accident cases are complex and require extensive knowledge of this special area of the law, as well as the practical aspects, such as negotiation.  You need an experienced litigator and skilled negotiator so that your case is in the best of hands, whether it settles early on or proceeds all the way to trial.
  2. Focus:  A lot of attorneys will represent clients in a broad range of matters, taking personal injury cases on the side while conducting mostly criminal law, for instance.  Due to the unique and complex nature of truck accidents, victims should look for an attorney with intimate knowledge of this field of law.  An attorney who focuses on truck accident cases will be more likely to recognize crucial evidence to your recovery and achieve a full damage award.
  3. Reputation:  You need a truck accident attorney with a strong reputation in the community.  Attorneys who receive accolades, peer recommendations, and testimonials from previous clients will be the best choice.  You want an attorney who is tough but can also work well with others and maintain a good report with the insurance companies.  If your personal injury attorney has a reputation as a strong negotiator who is also willing to go to trial then the insurance company is more likely to take your case seriously and reach a strong settlement early on.
  4. Resources:  The strength of your case will hinge on the experts you employ along with the experience and ability of your attorney.  A strong truck accident attorney will conduct extensive investigations and have several experts at their disposal in order to build your case.  Medical and accident reconstruction experts will offer insight into the accident and its effect on your health along with everyday functioning.   Their testimony strongly impacts your ultimate damage award.
  5. Testimonials:   When you first meet with your potential truck accident attorney, you should ask them for testimonials from previous clients.  Most attorneys will gladly provide you with documentation as to what their prior clients have to say about their representation.  Sometimes client testimonials will additionally be posted on the attorney’s website, offering you a glimpse into the attorney’s level of service before you meet with him or her.

Choosing the right attorney is not easy, but with these factors in mind you should be able to select that attorney who will successfully bring your case to completion.

Barrett Law PLLC:  Mississippi Truck Accident Lawyers Ensuring Your Full Recovery 

Your choice of truck accident attorney will greatly impact your later recovery.  Do not neglect the importance of interviewing attorneys and selecting a qualified attorney to represent you no matter the complexity of the truck accident.  The Mississippi Truck Accident Attorneys at Barrett Law PLLC have decades of experience and the accolades to show for it.  We understand the unique issues involved in truck accident cases and will aggressively fight for your full recovery.  Call the superior truck accident attorneys at Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation.

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Mississippi Truck Accident Attorneys Report: Four Killed in Accident on Interstate 10

Recently, a truck pulling a flatbed trailer caused a massive, multi-vehicle accident on Interstate 10 in Mississippi.  The accident occurred around midnight on Friday, December 12, 2014.  A 2011 Toyota Tundra pickup truck was driving eastbound in Hancock County, which is west of Biloxi and about 12 miles from the Louisiana state line.  This vehicle started the accident that came to involve eleven vehicles.

The pickup truck and trailer it was hauling overturned on the highway, spilling tons of used computer equipment across eastbound Interstate 10.  Many vehicles saw the spill and stopped, but an 18 wheeler continued eastbound through the stopped vehicles and collided with several cars and trucks.  Four tractor trailers and six passenger vehicles were involved in the accident.  Some of the vehicles were so badly damaged it was impossible to determine their make and model.

Four individuals perished in the catastrophic accident and several others were injured.  A father and daughter were among the victims, as were two young men.  Two of the victims were from Louisiana.  Eastbound Interstate 10 was closed for some time as emergency crew officials attempted to aid the injured, identify the deceased, and clean the crash scene.

Investigations are ongoing and thus far police have revealed that weather was not a factor.  It is unclear what caused the initial truck and trailer to overturn, as well as why the 18 wheeler failed to stop to avoid the vehicles that had stopped due to the spilled computer equipment.

This recent crash is an example of a multi-vehicle accident, one involving commercial trucks along with passenger motor vehicles.  Roughly half of all accidents will involve more than one vehicle.  Pile ups, such as this accident, occur when cars are stopped on the highway due to some hazard and a vehicle or vehicles behind to do stop in time to prevent a collision.  This is a common form of accident and one that can inflict many injuries, as well as present unique liability issues.

Determining fault in a multi-vehicle accident such as this can be a difficult task.  Often, more than one party will be considered partially at fault for the accident.  Your car or truck accident attorney will examine all the facts of the crash and likely employ an expert to reconstruct the accident.  The negligence of each driver and their role in causing your injuries will be assessed.  From there, your attorney will have a full understanding as to which parties should be held responsible for your damages stemming from the accident.  Your own liability, if any, will also be considered but should not bar your recovery.

Barrett Law PLLC:  Proudly Representing the Victims of Mississippi Truck Accidents  

Truck accidents such as this recent Interstate 10 accident can devastate those involved and their loved ones.  Our hearts go out to all those involved in this tragic multi-vehicle accident.  If you or a loved one has been injured or killed in a truck accident, the Mississippi Truck Accident Attorneys at Barrett Law PLLC are here to help.  Our team of dedicated truck accident attorneys understands what it takes to bring a successful personal injury or wrongful death claim following an accident.  We will thoroughly investigate your truck accident to uncover all avenues of recovery and evidence of negligence.  Armed with this knowledge, we will fight for your full recovery, which may include medical expenses, lost wages, rehabilitation costs, and non-economic damages.  Call Barrett Law PLLC today at 1 (601) 790-1505 to schedule your free consultation with one of our experienced truck accident attorneys.

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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 (601) 790-1505.

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