How the Trucking Industry’s National Safety Crisis May Affect You

The extremely long hours many interstate truck drivers sit behind the wheel of their trucks has contributed to a National Safety Crisis—one in which you or a loved one may one day be the victim. A Texas truck wreck takes the lives of over 280 people each year with another 2200-2600 serious injuries. Of the large truck accident fatalities, only 14 percent were the occupants of the truck with the remainder being occupants of the much smaller vehicles. A study done by the NHTSA showed the most common contributing factors in large truck crashes include:

·         Truck driver fatigue

·         Aggressive driving on the part of the truck driver

·         Excessive speed for the road conditions

·         Work-related pressures of the truck driver

·         Inattention on the part of both drivers

·         Truck brake or tire failure

·         Shifting of the truck’s cargo or improperly secured loads

·         Alcohol or prescription drug use on the part of the truck driver

·         Truck driver unfamiliarity with the roadway

·         Traffic congestion

Experts estimate that over a third of all truck driving accidents can be directly tied to truck driver fatigue. Those who take a trip in a passenger vehicle, perhaps on vacation or a business trip, will find a motel or pull off the road in order to get some sleep or even a short catnap to enable them to feel more alert. Truck drivers don’t have the same luxury; they are constantly under pressure to deliver loads quickly, no matter how fatigued they may be.

Regulations for the Trucking Industry

The Federal Motor Carrier Safety Administration mandates rules and regulations for truck drivers and truck driving companies. Drivers are limited to driving a continuous eleven hours within a fourteen-hour period with a required ten-hour rest period. If you think about how you feel after driving eleven continuous hours you will understand why the FMCSA is attempting to lower that number to ten (in the face of serious opposition from the industry).

The demands on truck drivers are severe—customers want their products quickly, the trucking company wants a fast turnaround on their loads in order to increase profits and even the truck driver’s family may unconsciously add to the pressure simply because they need the regular paycheck to survive. Even if the industry lessens their opposition to cutting the number of hours a truck driver may continuously drive, it is a sad fact that logbooks are commonly falsified.

The Reality of Trucker Logbooks

Many truck drivers routinely keep two sets of logbooks; one set is considered the “official” set which are shown to DOT officials in the event of a stop while the other set contains the actual hours driven. The trucking company is only required to keep logbooks for a period of six months, therefore unless an accident occurs it is unlikely that the driver’s actual history of hours driven will ever be seen by anyone other than the company for the purpose of calculating paychecks.

There are as many as 200,000 logbook violations discovered each year by DOT officials, therefore there are likely many times that number which are not detected. In the end, the trucking industry is linked to the death or serious injury of thousands of innocent people each year. Victims of these truck accidents could benefit from speaking to a Texas truck accidentattorney.

What You Must Know Following a Houston Trucking Accident

Unfortunately, many trucking companies push their drivers too far for too long, causing others on the roadways to suffer harm as a result. In order to preserve their financial bottom line, trucking companies may look the other way when drivers fail to log their hours properly or take necessary rest breaks. Drivers may feel pressured to deliver their loads ahead of schedule in order to pick up another load, leading to fatigued and/or reckless driving behaviors. In fact, a large number of trucking accidents can be either entirely or partially attributed to truck driver fatigue. When a driver violates federal trucking regulations, engages in reckless, fatigued or distracted driving, or does not properly inspect his or her truck, the consequences can be tragic.

What Your Truck Accident Attorney Must Know

Following a Texas trucking accident, you may want to consider consulting with a highly experienced Houston truck accident lawyer.  That attorney must have a thorough knowledge of how an 18-wheeler works, including the array of on-board recording devices and data. The attorney will have an understanding of log books, pre- and post- trip inspections and what the trucking industry requires as far as training, supervision and retention of truck drivers.

A highly qualified truck accident attorney will have specialized knowledge of the medical and legal aspects of driver fatigue, sleep apnea and distracted driving as well as the surety and insurance issues specific to the trucking industry. To further show how complex this particular area of law is, consider that your chosen truck accident attorney must know about such areas of liability as broker-shipper, alter-ego and logistics company liability. The attorney must understand the different laws regarding leased vehicles, leased drivers and lease agreements as well as spoliation of evidence issues.

Why You Are at a Disadvantage Following Your Truck Accident

In most cases, even if you hire an attorney immediately following your trucking accident he or she will be starting out behind in the evidentiary curve; the trucking company will have attorneys and experts on the scene literally within one to three hours. In some cases these claims supervisors, forensic photographers, videographers and attorneys will speak to the truck driver, giving advice on what answers the driver should and should not give when questioned. Evidence which is crucial to the accident victim goes missing in far too many cases following a trucking accident as the barrage of experts close ranks to protect the trucking company and the truck driver. The log books and the black box from the truck may even “mysteriously” disappear after the accident unless your Houston truck accident attorney is able to quickly subpoena and preserve such crucial evidence.

The Question of Liability

Interstate trucking cases are uniquely complex as well as incredibly time-consuming and expensive to prosecute. Hiring an attorney who has a thorough knowledge of the issues surrounding a trucking accident is often necessary for a positive outcome. Because there are a variety of defendants who may be part of the lawsuit, your attorney will have to complete a comprehensive evaluation and assessment of all available evidence. The trucking company may be held responsible, the driver may be deemed negligent, the truck or a truck part may have malfunctioned or be found defective, the company who loaded the truck could be at fault, or the person or company responsible for maintenance of the truck could be held liable. It is important that you choose your Houston truck accident attorney carefully as this choice could have significant influence on your future after your truck accident.

Seeking Punitive Damages for Texas Trucking Accident Victims

While any trucking accident can have tragic consequences and can be a result of negligent behaviors, when the actions which caused the collision were deliberate, malicious or willful, punitive damages may be warranted. In other words, when an accident is not an accident but the result of a deliberate action on the part of the trucking company, truck driver, truck manufacturer, truck loading company or the company responsible for truck maintenance, the attorney may seek punitive damages on behalf of the victim. Punitive damages are intended to punish reckless or willful behaviors as well as to deter the same type of behaviors in the future. Some examples of behaviors which would warrant punitive damages include:

·         Falsifying driver logbooks so the driver could exceed the mandated hours of service

·         Drivers who use illegal drugs in order to remain alert and awake

·         Reckless driving behaviors such as weaving in and out of traffic, exceeding the speed limit or driving while under the influence

·         Trucking companies who attempt to conceal or destroy evidence which would show negligence on the part of the driver or trucking company following a truck accident

·         Trucking companies who show a deliberate pattern of safety violations

·         Truck drivers or trucking companies who knowingly drive with faulty brake systems or worn-out tires

·         Trucking companies who put drivers on the road who are inadequately trained

·         Trucking companies who neglect to perform proper background checks on their drivers

This is only a partial list of behaviors which could be considered reckless or deliberate, thereby warranting punitive damages. The primary cause of large truck accidents is fatigued drivers. In fact, over a third of all truck accidents can be directly tied to a driver who had been driving for too many hours. This level of exhaustion can lead to inattention, excess speed or a failure to compensate for inclement weather or congested traffic conditions.

Punitive Damages Increasing in Trucking Collisions

Punitive damages are becoming increasingly prevalent in trucking litigation due to the severity of injuries resulting from truck collisions. Early identification of facts which could sustain a claim of punitive damages is crucial to the overall litigation strategy. When assessing the potential of punitive damages, the judge and jury may consider the character of the defendant’s act as well as the extent of harm done to the plaintiff and the nature of that harm. The jury will also consider whether the defendant deliberately caused the harm. Many juries are hesitant to impose punitive damages on the trucking company for the conduct of the company’s employee (the truck driver).

Even so, if the truck driver was obviously unfit and the trucking company was reckless in the driver’s employment, juries may agree that punitive damages are warranted. Particularly when the trucking company was fully aware of their driver’s potentially dangerous habits yet failed to properly supervise that driver, punitive damages from the trucking company could be appropriate. This could occur when the trucking company knew the driver was exceeding the hours of service or knew the driver habitually used drugs in order to remain awake or alert. If you are the victim of a Texas trucking accident, a Houston 18-wheeler accident lawyer may be able to protect your rights and preserve evidence in your case.