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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Dangerous Mississippi Underrun Trucking Accidents Can Cause Catastrophic Injury

While the enormous mass of a commercial truck makes any collision involving a big-rig potentially fatal, underrun trucking accidents (also called “underride accidents”) are particularly dangerous.  The reason these collision are so dangerous is because they generally result in severe intrusion into the passenger compartment of the car either literally tearing the roof off the vehicle or crushing the roof.  Many do not realize that these accidents occur fairly frequently with thousands of fatalities from rear underrun trucking collisions occurring annually and another five hundred fatalities each year caused by side underrun trucking accidents.  At Barrett Law, we understand the enormous risk of catastrophic injuries and wrongful death in trucking underrun crashes.

In a Mississippi underrun trucking accident, a passenger car is unable to stop and proceeds to drive beneath the undercarriage of the commercial truck.  The reason these accidents occur is because of the difference in height between the undercarriage area of a passenger car and a commercial truck.  The undercarriage area of a commercial truck is 45 inches while it is only 30 inches for a typical passenger vehicle.  The gap formed by the difference in the relative height of the undercarriage of each vehicle creates a space where a passenger vehicle can travel under a tractor-trailer.  This typically results in the roof of the passenger car being torn off the vehicle or being crushed into the passenger compartment.  Either way, these trucking accidents generally result in horrific injuries, including decapitation, brain injuries, damaged spinal cords and far too frequently fatalities.  Roof crush injuries are common in this type of collision.

While there have been steps take to reduce the risk of undercarriage accidents, they continue to claim thousands of lives each year.  Although all commercial trucks are required to have yellow reflective tape on the back of the trailer, sometimes this tape is not present or the vehicle is so dirty and grimy that the tape cannot be easily seen.  Similarly, the National Highway Traffic Safety Administration (NHTSA) made installation of underrun guards on commercial trucks mandatory in 1996.  However, the requirement applies only to new commercial trucks, and many commercial carriers have not bothered to retrofit trucks that were not equipped with the guards.  A recent study of the underrun guards also revealed that many are not built strong enough to offer effective protection in an underrun trucking accident.  Additionally, side underguards are not required by federal regulations, and commercial carriers generally have not taken the initiative to install them absent a federal mandate.

Mississippi commercial underrun trucking accidents often result in permanent debilitating injuries or the loss of a loved one.  If you suffer injury or lose someone you love in a Mississippi commercial trucking accident, our experienced Mississippi trucking accident attorneys carefully investigate our clients trucking accidents cases and fight aggressively to seek the best possible outcome for our clients.  At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.

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Serious Trucking Accident Illuminates Issues Regarding Pre-Employment Screening of Truck Drivers

The danger posed by the more than three million tractor-trailers that travel U.S. roadways is clearly evidenced by the half a million tractor-trailer collisions that occur in the U.S. each year.  Someone is injured or dies in a tractor-trailer accident every sixteen minutes.  There are many causes for tractor-trailer accidents in Mississippi, including fatigued drivers, improperly maintained rigs and overloaded commercial trucks.  One of the most preventable causes of tractor-trailer collisions in Mississippi is the failure to conduct proper employment pre-screening prior to hiring a prospective truck driver.

A trucking accident lawsuit out of Atlanta poses a good example of the importance of pre-employment screening by a trucking company.  A tractor-trailer driver ran a red light at an intersection and collided with two vehicles in the intersection.  One of the vehicle occupants had been in excellent health prior to the intersection truck accident.  The company probably would not have engaged the truck driver had it conducted an adequate pre-employment screening or reviewed the information received sufficiently.

Federal Motor Carrier Safety Administration (FMCSA) regulations require trucking companies to conduct a pre-employment background check before hiring a new truck driver.  The trucking company is required to obtain a driving and employment history for the driver for the three prior years.  The driver must comply with Department of Transportation (DOT) drug testing that applies to those with commercial drivers’ licenses.  An employer also must obtain a drug and alcohol violation history for the preceding three years as well as conduct a pre-employment drug test.

It is unclear whether the trucking company in the Georgia case conducted any pre-employment screening let alone one that complied with FMCSA regulations.  The employer destroyed all documents relating to the truck drivers employment application prior to filing a court response to the lawsuit.  This is a common practice for trucking companies in tractor-trailer litigation.  This is why it is important that your trucking accident lawyer send a spoliation letter to the trucking company as soon as practical so that critical evidence is not destroyed by the trucking company.  If the trucking company proceeds to destroy the evidence despite the spoliation letter, the court can impose monetary sanctions or take more extreme measures like in this case and instruct the jury to presume the evidence would have been damaging to the trucking company.

In this case, the truck driver had a long list of red flags that should have alerted the trucking company that it was not safe to put him behind the wheel of one of its big-rigs.  The truck driver had caused two prior rear end collisions while driving a big-rig during the three year look back period as well as two traffic citations for improper following distance associated with those trucking collisions.  The driver has also had his CDL suspended for sixty days and received a traffic citation for speeding less than two months prior to being hired by the defendant.

If you or a loved one is involved in a Mississippi trucking accident, it is important to work with an experienced Mississippi trucking accident law firm that can move quickly to preserve critical evidence and analyze a driver’s employment file to identify potential issues regarding the driver’s competence when hired or potential driving violations or accidents by the driver while working for the driver’s current employer.

If you or someone you love has been injured or a loved one dies in a Mississippi trucking accident caused by inadequate pre-employment screening of a truck driver, you or your loved one may have a right to seek compensation for any injuries or other loss.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing effective representation to person injury 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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Overloaded Tractor-Trailers on Mississippi Roadways

There are certain types of Mississippi motor vehicle accidents that pose exceptional risks to other drivers and passengers traveling our roadways.  Trucking companies generally try to send trucks on runs with the maximum possible load because fewer trips mean greater trucking company profit.  A collision with a fully loaded tractor-trailer in Mississippi is the equivalent of being in a collision with 26 passenger vehicles stacked on top of each other.  It is hardly surprising that collisions between big-rig trucks and passenger vehicles tend to result in catastrophic injuries and wrongful death for passenger vehicle occupants.

Although tractor-trailers are limited to 80,000 lbs. when fully loaded, some drivers and trucking companies push the limits and overload tractor-trailers.  Overloaded tractor-trailers increase the dangers posed by commercial trucks for several reasons:

  • Excessive loads can make tractor-trailers less responsive when steering
  • Collapse of bridges or overpasses
  • Overloaded commercial trucks need more distance to stop
  • Increased risk of blowouts because of the excessive weight
  • Runaway trucks involving brake failure
  • Greater mass in a collision typically will result in greater force in the collision

A study by the Federal Motor Carrier Safety Administration (FMCSA) revealed that overloaded trucks are more likely to rollover or jackknife which can cause horrific trucking accidents involving multiple vehicles that pile up.  Overloaded trucks may also cause accidents when cargo falls off the vehicle into the roadway creating a crash hazard, or it falls directly on another vehicle.

Trucking companies are responsible for ensuring that truck loads comply with maximum weight requirements and that the load is distributed and secured properly.  When tractor-trailers are overloaded, the injuries suffered in a collision with a passenger vehicle may result in permanent devastating injuries including closed head injuries, damage to the spinal cord, paralysis, dismemberment or loss of limbs and other life-altering injuries.

Commercial trucks that exceed maximum weight limits may require the distance of a full football field to stop if the truck is traveling at 55 mph.  This means that by the time a truck driver can stop a big-rig it may have collided with many vehicles or obstacles in its path.  When a tractor-trailer collides with a passenger car, it is the occupants of the commercial truck that suffers injury or wrongful death almost 100 percent of the time.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing effective representation to Mississippi tractor-trailer 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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The Role of Brake Failure in Causing Mississippi Trucking Accidents

Trucking accidents in Mississippi can be extremely dangerous and result in devastating life-altering injuries and all too often fatalities.  While there are many causes of trucking collisions involving these enormous forty ton motor vehicles, some trucking accidents are caused by the failure to conduct required vehicle inspections and conduct routine maintenance. Because of the size and weight of these massive vehicles, issues like brake maintenance are critical to the safety of those with whom tractor-trailers share the road.  Although tractor-trailers are supposed to be inspected daily and these inspections are supposed to be documented, these inspections may not be conducted or routine maintenance may be ignored.  These shortcuts can result in nightmarish scenes of 80,000 pound fully loaded motor vehicles racing down the roadway out-of-control.

Brake failure is a significant cause of Mississippi trucking accidents with the Department of Transportation (DOT) indicating that brake issues account for nearly thirty percent of all Mississippi tractor-trailer accidents.  Trucking accidents that involve brake issues can be complicated because a variety of entities may be responsible for the brake failure including the truck driver, the truck maintenance company, the brake manufacturer or even the company that loaded the truck.  A common strategy employed by insurance companies when defending against trucking accidents claims caused by brake failure is to attempt to shift blame to another party for the failure of the brakes.  At Barrett Law, our experienced Mississippi tractor-trailer accident attorneys carefully investigate trucking accidents so that we can identify all potentially responsible parties.

Federal regulations impose safety standards regarding the functioning of tractor-trailer braking systems. These regulations require among other things that trucks be able to provide a certain brake resistance based on the percentage of the truck’s weight. These regulations also require that tractor-trailers conform to automatic brake adjustment system standards and that they be able to go from 20 mph to a complete stop at a specific rate based on the size of the vehicle. When tractor-trailer brakes do not meet these standards, Mississippi trucking accident victims may have a right to pursue a product liability claim against the brake manufacturer.

Sometimes brake failure is not related to defects in the brakes themselves but rather failure to perform required inspections and maintenance. When a Mississippi trucking accident is caused by brakes that have not been properly maintained, the trucking company, the truck driver, a truck leasing company or other parties involved in maintaining the brakes may be liable for your injuries. Although truck drivers are supposed to maintain records regarding brake safety inspections and maintenance, sometimes these records are not properly maintained or the inspection and maintenance is not performed as required.

Our experienced Mississippi accident attorneys carefully investigate driver logbooks and other tractor-trailer maintenance records to uncover evidence of inadequate brake maintenance.  Our experienced Mississippi trucking accident attorneys also frequently work closely with trucking industry experts to help develop the strongest liability claim on behalf of our trucking accident clients.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing aggressive representation to Mississippi trucking 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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Frequently Asked Questions (FAQs) Mississippi Trucking Accidents

Tractor-trailer or commercial trucking accidents are unique amongst types of Mississippi motor vehicle accidents for both the degree of carnage caused by a trucking collision and the complexity involved in trucking accident claims.  Many victims of Mississippi trucking accidents presume that although tractor-trailers are large vehicles handling trucking collision claims are more or less akin to any other motor vehicle claim.  This is not only a mistaken assumption, but one that can adversely impact one’s trucking accident claim.  The choice of a Mississippi trucking accident lawyer is not a decision to be taken lightly particularly because these collisions often result in debilitating life-altering injuries.

Because tractor-trailer accident claims are far more complex than those involving other motor vehicles, it is important to carefully screen your Mississippi trucking accident attorney to make sure that he or she has the experience, expertise and knowledge to successfully handle your trucking accident case.  An ideal way to learn about your rights and options if you are involved in a tractor-trailer accident is to speak to one of the experienced Mississippi tractor-trailer attorneys at Barrett Law.  Because we receive many questions about trucking accidents, we have provided some answers to common questions below.

Are Mississippi trucking accidents really more dangerous than other types of motor vehicle accidents?

Absolutely!  A fully loaded tractor-trailer combination can weigh forty times more than the typical passenger vehicle.  The increased weight associated with tractor-trailers mean that the force of impact in a collision is likely to be far more intense.  Tractor-trailer accidents account for almost thirteen percent of all motor vehicle accident fatalities.  The danger to those who share the roads with tractor-trailers is reflected by the fact that 98 percent of the time the person who dies in a fatal trucking collision is an occupant of the other vehicle.

What are the most common causes of tractor-trailers accidents?

There are many causes of trucking accidents in Mississippi but driver error is the most common factor.  When trucking companies fail to conduct proper screening when hiring a driver or do not provide adequate training or supervision of commercial drivers, the risk of serious trucking collisions is extremely high.  Trucking accidents may also be caused by poorly maintained trucks, trucks with defective components or roads that are not properly designed or maintained.  Some common causes trucking accidents in Mississippi include the following:

  • Fatigued drivers who violate Hours of Service (HOS) rules
  • Drug or alcohol impaired truck drivers
  • Truck drivers who travel at an unsafe speed
  • Failure of truck drivers to properly check “no zones” (i.e. large blind spots on tractor-trailers)
  • Lack of inspections and maintenance

What laws govern the operation of tractor-trailers?

While commercial truck drivers are subject to the Mississippi Rules of the Road that govern drivers of other motor vehicles, they are also required to obtain a special commercial license and must comply with an extensive matrix of federal and state regulations.  The Federal Motor Carrier Safety Administration (FMSCA) promulgates regulations designed to promote safety and prevent trucking accidents at the federal level.  These regulations impact a wide range of safety issues including but not limited to driver fatigue, screening of potential hires, size and weight limits, drug and alcohol testing and a wide range of other topics.  The experienced trucking accident lawyers at Barrett Law are well versed in these regulations.  Violations of these regulations often provide a basis for imposing liability on a commercial driver or trucking company.

Is the process of negotiating or litigating a trucking accident claim similar to other types of motor vehicle accidents?

Trucking accident claims involve unique issues that are not typically part of other motor vehicle accident claims.  Critical evidence including log books that track issues like driver fatigue, onboard digital recorders and other evidence may be destroyed or altered so prompt action is necessary to preserve such evidence.  Further, trucking companies often characterize a commercial driver as an “independent contractor” to avoid minimize liability and distance the company from a driver who causes a collision.  Our tractor-trailer accident lawyers are familiar with such trucking industry practices and work diligently to protect important evidence and unveil the reality behind a purported independent contractor relationship.

While this information may answer some of your questions, we invite you to contact us if you need additional information.  Our experienced Mississippi tractor-trailer attorneys can evaluate your claim and provide some preliminary information about your rights and options.  The experienced Mississippi tractor-trailer accident attorneys at Barrett Law have been providing aggressive representation to trucking 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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Feds Consider Guidelines to Reduce Sleep Apnea as a Cause of Fatigue Based Trucking Accidents

One of the leading causes of commercial trucking accidents in Mississippi as well as throughout the country is truck drivers that are sleepy or fatigued. Although the trucking industry is heavily regulated to prevent trucking accidents involving fatigued drivers, these regulations primarily address the amount of time a driver is on the road and the length of rest periods.  These regulations designed to prevent or reduce driver fatigue are called hours of service (HOS) rules.  Although these regulations limited drivers driving shifts and mandate rest periods, federal trucking regulations do little to address the quality of off-duty rest time.

Many truck drivers suffer from sleep apnea.  This disorder is a serious medical condition in which a person repeatedly stops and starts breathing while sleeping.  It is often characterized by loud snoring interrupted by periods where the person seems to be struggling for breath.  Sleep apnea involves breathing interruptions of 10-20 seconds that may occur hundreds of times while a person is sleeping.  This disorder often prevents a person from getting the quality of sleep necessary to be alert and awake.  Because the sleep cycle is constantly interrupted, a person will spend more time in light sleep and less time in deep sleep.  For the many truck drivers with sleep apnea, this means less attentive and mentally sharp drivers behind the wheel of big-rigs on Mississippi roads.

While it may be tempting to dismiss the seriousness of the problem, a recent study conducted by researchers in British Columbia found that a driver suffering from sleep apnea faced double the risk of being involved in a commercial trucking accident.  The study followed the accident patterns of drivers over a three year period and found that the group of drivers with sleep apnea faced a much higher risk of being involved in a tractor-trailer collision.  This study confirms earlier studies that also found a higher truck accident risk associated with drivers who suffer from sleep apnea.  Another interesting finding in the British Columbia study is that even very minor sleep apnea caused an increase in trucking collisions.

The Federal Motor Safety Administration (FMCSA) has proposed changes to existing guidelines regarding compliance with medical fitness standards concerning sleep apnea.  It has been estimated that the number of drivers of tractor-trailers who suffer from sleep apnea may be as high as 30 percent.  Although this is more than seven times the rate of sleep apnea in the general population, the disparity is predicated on the prevalence of the two leading risk factors of age and obesity amongst commercial truck drivers.  Approximately half of all tractor-trailer drivers are 45 or older and almost half are obese.

Given the serious risk associated with driving an 80,000 pound tractor-trailer while fatigued, stricter regulations to prevent sleep apnea related accidents are a constructive step.  HOS regulations can be an effective way to prevent driver from being involved in fatigued based accident related to lack of rest periods or too many consecutive hours on the road.  New sleep apnea guidelines can help ensure that drivers that may have issues in terms of quality of sleep are identified.  A tired driver behind the wheel of a forty ton fully loaded tractor-trailer is an extremely scary proposition.  The Mississippi tractor-trailer accident lawyers of Barrett Law provide zealous advocacy to those injured in trucking accidents including those caused by driver fatigue.  The commercial trucking attorneys at Barrett Law represent accident victims throughout the state so call us today at 662-834-2376 to see how we can help.

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