Causes of Semi Truck Accidents

Understanding how a semi truck and car driver may have contributed to the accident is important. Recently, a study from the American Trucking Associations (ATA) highlights that there are a number of factors that cause truck accidents. These factors include:

• Driver error or failure to act;
• Mechanical failures; and
• Poor road or weather conditions.

Driver Error is the Leading Cause of Semi Truck Accidents

Most accidents do not have a one single cause, however, in most semi truck accidents there will be a primary error or failure that causes an accident. The ATA reports that driver error, or driver fault, was the primary cause of approximately 90 percent of all reported accidents. This means that the most deadly truck crashes result from a driver’s negligence, or failure to drive with the care we should expect, and Florida law demands, when on the road.

Who is to Blame for Semi Truck Accidents?

Truck drivers are not always at fault for collisions between semi trucks and smaller cars. The ATA found that both truck and car drivers share some of the blame for accidents. Truck drivers were responsible for approximately 16 percent of collisions studied, while car drivers were responsible for 71 percent of car crashes studied. Both car and semi truck drivers were found to be responsible for approximately 10 percent of all accidents studied. The study identified several errors that car drivers made that led to semi truck accidents. Drivers cause accidents when they:

• Speed in bad weather;
• Follow a semi truck too closely;
• Drift in their lane;
• Abruptly change lanes;
• Pass too closely to a truck; and
• Do not allow for a semi truck’s wider turn.

Let an Attorney Help

Studies and their results can help us understand how both semi truck and car drivers may contribute to an accident. And while understanding is important, it is also important that victims of semi truck accidents seek help for both their medical and legal harms. If you or someone you love has serious injuries from a semi truck accident, you should discuss your case with a Miami truck accident attorney at the law office of Alan Goldfarb, P.A. We can help you understand the cause of your accident and help you seek compensation for your injuries. Please contact us today to schedule an appointment.

Semi Trucks are Strictly Regulated

As this accident demonstrates, semi trucks moving at highways speeds present a unique danger to other cars on the road. Because a collision with a semi truck can cause so much damage, semi truck drivers must take extra care when driving. Even a simple semi truck accident could have devastating consequences for accident victims. Federal regulators understand the damage a semi truck can cause and the Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry with the goal of reducing crashes and fatal accidents:

• Hours of Service Rules: the FMCSA limits the number of consecutive hours a driver can work without resting. Generally, drivers cannot drive more than 60 or 70 hours per week. Drivers with cargo are limited to driving 10 hours per day and drivers carrying passengers are limited to driving 11 hours per day.
• Distracted Driving Prohibited: The FMCSA prohibits semi truck drivers from using cellphones while driving. Specifically, semi truck drivers may not use mobile devices to text. Regulations do allow semi truck drivers to use a handsfree and voice activation to make phone calls.
• Alcohol and Drug Testing: semi truck drivers may not drive under the influence of drugs or alcohol. FMCSA regulations make it illegal for a semi truck driver to drink four hours before driving. Additionally, drivers are required to take drug tests before they are hired.

The state of Florida also attempts to decrease semi truck accidents by prohibiting drivers from following within more than 300 feet of another vehicle. While the cause of the above accident is still unknown, if an investigation reveals that a semi truck driver violated federal or state regulations, then the victim’s family may have a basis for filing a wrongful death suit against the driver and the company employing the driver.

Contact an Attorney

Semi trucks can cause devastating damage. Their size and weights makes it possible for semi truck accidents to result in lifelong disability and even death. If you have been in an accident with a semi truck, or if you have lost a loved one in a semi truck accident, then please contact the Miami truck accident attorneys at the office of Alan Goldfarb, P.A.. We can discuss you case with you and help you determine if a state or federal law was violated when your accident occurred. Please contact us today at 866-936-9761 to discuss your case.

The recently released report by the FHP shows that truck driver, who was from Wyoming,was driving negligently and carelessly. There were no drugs or alcohol involved in the accident; nonetheless, four people were killed. Tragically, this accident is a sober reminder of how dangerous it can be to share the road with big-rigs.

Florida Highway Patrol Required to Make Reports

In cases like these, the Florida Highway Patrol is required to make a report of the accident. Florida Statutes 316.066 requires reports when the accident:

• Resulted in the death, personal injury, or complaints of pain or discomfort by any members of the accident;
• Destroyed the vehicle so comprehensively that it had to be specially removed from the crash scene; or
• Involved a commercial motor vehicle, like a big-rig.

Reports of this kind are reserved for the most serious of accidents so that a clear record of what happened can be preserved.

In all of these situations the police must take down important information so an accurate record is preserved for future proceedings. Some of what the FHP must record as part of their report includes:

• The date, time, and place of the accident;
• A description of all the motor vehicles involved in the accident;
• The names, addresses, and insurance information of everyone involved in the accident;
• The names and addresses of any witnesses to the accident; and
• The name, badge number, and law enforcement agency investigating the crash.

As you can see, all of this information would be very helpful in case of a future lawsuit or criminal prosecution.

Florida Civil Law Meant to Protect and Compensate Victims

When it comes to tragic accidents such as these, victims should rest assured that there are laws meant to protect and compensate them. As was reported by the FHP in this case, the driver of this large truck was careless and negligent. As a result, under Florida law, he and his company may be held liable for the damages that he caused to this family’s survivors.

If you are ever involved in an accident with an 18-wheeler in the Miami area, contact us. At Alan Goldfarb, P.A., we represent victims of accidents with big-rigs and will fight to make sure that you are justly compensated for your injuries. Our practice is dedicated to enforcing the civil laws of Florida that seeks to make victims of personal injuries whole again.

While this is an interesting story, and possibly comical, it underlines how serious large truck accidents can be. Fortunately no person was injured in this accident, but in a different set of circumstances there could have been a number of tragic injuries. Typical car accidents are not like big-rig accidents at all. And truck driver negligence on Florida’s roads cause many accidents each year. We don’t know whether this driver was negligent in how he kept his tires, but this could have easily been an accident that involved a family in a minivan as victims along with the sharks.

Federal Government Standards

The federal government has established standards that each driver must follow in order to drive on America’s highways and byways. Those standards are established and enforced by the Federal Motor Carrier Safety Administration. Established by Congress in the 90s as an offshoot of the Department of Transportation, the FMCSA is focused solely on regulating large motor carrier trucks and buses.

The standards established by the FMCSA are simple and straightforward. And if a trucking company or trucker breaks them, they can be suspended. The rules involve driver qualifications, how much time a driver can spend driving in a week, and truck maintenance. These rules are tied to whether a trucking company or driver can operate, and they are applicable all over the U.S.

The FMCSA enforces these regulations regularly. In fact, several companies were shut down this year because of rules violations impacting safety. In April a company from South Carolina was shut down by the agency for failing to systematically repair, inspect, and maintain its commercial trucks. It also failed to test its truckers for controlled substance and alcohol abuse.

What to Do if Injured in a Trucking Accident

Besides the federal government’s law, there are Florida state laws that protect drivers. Under civil law, every trucking company and truck driver has duty to operate their business and truck in a reasonably safe manner. If they fail to do that, and hurt another driver in the process, they are liable for the damage. Essentially, nearly every accident can be avoided and the damage prevented if all truck drivers and truck companies did their job to this standard. But sadly there are too many stories of innocent drivers and their passengers who have their whole lives turned upside down due to negligent truck drivers.

If you are injured in an accident involving a big-rig in the Miami area you will need an attorney with a practice focused on this area of law. At Alan Goldfarb, P.A. we are dedicated to representing victims of accidents and injuries. Contact us so we can evaluate your case and inform you of your options.

Just last week, a Ponte Vedra Beach, Florida man lost his life when a large truck lost its wheel and went through his windshield on Interstate 95. This tragedy is only one of an estimated four thousand that will occur this year according to the National Highway Traffic Safety Administration. In 2012, 3,921 individuals lost their lives in truck-related accidents. This was a 3.7% increase in deaths since 2011, and the numbers show increases each year.

What Makes Trucks so Dangerous?

There are a variety of factors that contribute to the danger large trucks pose to other drivers. Most obviously, the sheer size of trucks poses a threat. Trucks driving on Florida roads can weigh up to 80,000 pounds and can have up to 18 wheels. Despite “wide turn” warnings on the backs of trucks, other drivers tend to underestimate the truck’s size and the truck driver’s ability to see. Visibility is a key issue when trucks span the width of three cars and have limited vision out of the rear-view mirrors that smaller vehicle drivers can more readily rely upon.

Weight

Weight is, of course, a contributing factor in truck crashes. Despite weigh stations placed off of major highways, not all drivers and companies comply with weight regulations. Weight requirements ensure the roads trucks travel upon can withstand the pressure the trucks place on the ground. Weight requirements can differ based on the city and on things such as bridges, expressways, and smaller city roads. Out-of-state drivers must familiarize themselves with these regulations before entering Florida, and have a continuing obligation to comply with posted laws when there. If drivers fail to comply, heavy trucks can crack roads, lose parts, and create significant danger to other drivers.

Drivers

While it is ultimately a company’s responsibility to ensure their drivers are in compliance with state and federal law with things such as weight, the negligence and actions of drivers can cause accidents too. Two recent accidents in Florida shed light on the problem of long hours and insufficient training of truck drivers. First, 75 gallons of diesel fuel spilled onto the roadway after a truck driver fell asleep at the wheel. Incidentally, this was nearly the same site where a tractor-trailer lost control, caused an accident and accompanying fire, and killed one person.

What if I Was Injured in a Truck Accident?

We understand how frightening it can be to be in a car accident, especially one involving a truck. At Alan Goldfarb, P.A., our team of experienced truck accident attorneys can help you through this difficult time. If a truck driver, company, road engineer, mechanic, municipality, or anyone is found responsible for causing you injury or costing a loved one their life, you may be entitled to compensation. This compensation can help you recover lost wages, pay medical bills and subsequent treatments, or compensation for pain and suffering, among other things. These types of cases require inside knowledge of the judicial system and experienced litigators who will investigate and advocate on your behalf. Do not hesitate to contact our office in Miami, Florida and let us help you today.