Truck wrecks and 18-wheeler
wrecks can be challenging to handle. Truck wrecks cause some of the most
serious injuries that attorneys see, usually due to the weight and speed of the
vehicles involved. A fully loaded 18-wheeler can weigh up to 80,000 lbs. In
contrast, an average car weighs around 3,500 lbs and an average pickup truck
weighs around 5,000 lbs.
Questions to consider when initially investigating a truck
wreck case:
San Antonio 18-wheeler attorney
Is there a safety director? If so what kind of training does he have in fleet safety?
Is there a fleet safety program? Is it followed and are the drivers made aware of it?
What type of drivers are hired? Is there an investigation into the driver’s past employment and driving history?
What type of insurance is carried on the vehicle?
Is there a maintenance program? Is there an in-house mechanic? What are his qualifications?
Does the owner use good quality parts or used/bargain parts on his vehicles?
Are the drivers paid by the load? If so, there is probably a management attitude to get as many runs in as possible.
Fact gathering:
A thorough examination of every person or factor which may
have played any contributing role in the accident is very important. Accident
reconstruction and investigation are there for crucial phases of the
investigative process.
Wrecked vehicles provide important information such as the
point of impact, speed at impact, and whether the vehicles were operating
correctly. The contents of the vehicles, such as empty beer cans, driver’s
logbooks, policy and procedure manuals, and phones or iPads can provide
valuable evidence also.
In 18-wheelers and many smaller work trucks, a “black box” recording device is usually incorporated into the driver’s electronic control module. This data recorder is activated whenever a hard-braking event occurs. It can provide information about vehicle speed, throttle position, break application, changes in the vehicle’s velocity due to acceleration or deceleration, average driving speed, and maximum recorded speed. Some trucking companies also use GPS technology which can provide further detailed information concerning the movement of the truck.
Look for trucking violations:
Once the initial facts are gathered, the next step is to
look for any violations on the part of the truck driver or trucking company.
Both federal highway safety regulations and Texas state
traffic laws govern the trucking industry.
Federal law:
The Federal motor carrier safety regulations are the most
comprehensive guidelines that govern the trucking industry. Some of the most commonly
violated areas are listed below:
The driver:
Qualifications of drivers – provides general qualifications and disqualifications for drivers, including age, road test, physical examinations, background checks, and record-keeping.
Drug and alcohol testing and penalties – provides for a comprehensive system of testing and record-keeping of alcohol and drug use by truck drivers.
Commercial driver’s license – mandates that a driver have a valid commercial driver’s license from only one state and sets forth qualifications for this license.
Driving regulations – sets forth the rules of the road, including fatigue, emergency signals lights and reflectors, hazardous conditions, and turn signals.
Hours of service – prescribes the maximum hours of continuous driving and mandates downtime to prevent fatigue. This is one of the most commonly violated sections of these regulations. Often, a driver cannot physically complete his haul in time unless he violates these rules.
The owner:
An
employer has the responsibility of making sure his drivers are qualified and
not violating the above rules. In addition, the employer is responsible for his
fleet and for maintaining insurance.
Insurance
required – mandates the minimum levels of insurance coverage for motor carriers
of both property and passengers.
Parts
and accessories – outlines what parts are necessary for safe operation,
including breaks, lights, tires, and cargo safety.
Inspection
and maintenance – requires that motor carriers inspect, repair, and maintain
their vehicles.
State law:
In addition to federal law, some of the more commonly
violated state law areas include the following:
Following
too close or failing to keep a safe distance.
Driving
at an unsafe speed.
Failure
to turn on hazard signals when stopped on a roadway.
Key witnesses:
Once the relevant regulations and state laws are identified,
your attorney will take a deposition of some of the key players at the trucking
company. The following witnesses and areas of inquiry can provide valuable
information:
The driver:
Past
employment: How long has he been driving? What types of trucks has he driven?
Prior employment applications and physicals should be obtained.
Driving
history: Does he or has he had a regular driver’s license or CDL in other
states?
Experience
and knowledge: How much mechanical knowledge does he have? Is he familiar with
the department of transportation regulations, and does he carry a copy?
Does
he have a CB handle?
Does
he use drugs? Get the names of all the doctors he has seen.
Weight
tickets: Does the driver routinely run his truck overweight?
Truck
maintenance and inspection: How often does he inspect the truck? Did he record
any complaints?
Who
pays his traffic and overload tickets? If the employer pays, the driver has no
personal financial incentive to slow down.
The
accident: If the driver claims that there were no mechanical problems, show
that he did not inspect the rig before his route, he would not know a problem
if one appeared, and that he did not safely operate the rig under the
conditions. If the driver claims that there was a mechanical breakdown, show
that he did not inspect the rig before beginning his route, and that the truck
was not properly maintained.
Safety director:
Training
experience and qualifications: What qualifications does he have for this
position? How much training has the employer provided?
Policies:
Is there a fleet safety policy? How do the drivers know about it? Is there a
handbook? Safety meetings? Are the rules enforced, and if so, how? Have the rules
been changed since the accident?
Driver
qualifications: How are the applicants screened? Are their histories and
references checked?
Maintenance:
Is there a maintenance program? Who implements it and how is it enforced?
Obtain all records of vehicle maintenance.
Mechanic:
Driving
experience: Does he know what it’s like to drive an unsafe truck?
Mechanical
expertise: Is he a certified mechanic? Does he have a specialty? What are his weak
areas?
Record
keeping: Has he seen the “line sheet” on the defendant truck which sets out all
of the equipment on the rig? Does he keep maintenance, repair, and inspection
records? Is he familiar with DOT inspection and maintenance regulations?
The
defendant truck: When was it last inspected? Where are the maintenance records?
On the day of the accident, did it conform to DOT regulations?
Policies:
Does he have all the help and parts he needs? Was he able to keep up with the
work? Is it his job to keep the trucks running regardless of safety?
After questioning the key witnesses, it is often apparent
that everyone agrees the wreck could have been prevented if the company and the
driver followed the company’s policies and procedures as well as the rules and
regulations for operating a truck.
Handling a big truck accident takes a knowledgeable and experienced San Antonio 18-wheeler accident attorney. If you have been injured in a truck accident, contact us today. We can explain the process to you and answer any questions you have. The consultation is always free and we only get paid if we win your case.
