Dallas and San Antonio Causes of Trucking Accidents Attorney
Trucking accidents often result in catastrophic injuries or fatalities. Determining the cause of these accidents is critical in preparing a strong personal injury case.
At Bristol & Dubiel LLP, our legal team is committed to maximizing compensation for the victims of trucking accidents. We will conduct a comprehensive investigation to determine why a trucking accident took place, who is ultimately responsible, and what value can be placed on the lasting damage.
Contact us to arrange a free initial consultation with an attorney who has handled many trucking accident claims. We provide aggressive advocacy to injured people in the Dallas-Fort Worth metroplex, San Antonio, and throughout North Texas and Oklahoma.
Investigating the Cause
Trucking accidents require an immediate investigation in order to preserve crucial evidence. Rest assured, we will leave no stone unturned. We collect police reports, accident reports, medical documentation, driver’s logs and internal records of the trucking company. This allows us to determine who is truly responsible for the accident and resulting injuries.
Truck Driver Fatigue
Research completed by the National Transportation Safety Board suggests that driver fatigue and lack of sleep is the number one cause of tractor trailer accidents, a greater danger than either alcohol or drugs. It is estimated by the U.S. National Highway Traffic Safety Administration that driver fatigue may be responsible for as many as 240,000 motor vehicle accidents in the U.S. annually. If the fatigue of a driver causes him to weave or fall asleep at the wheel, both he and his employer may be held liable for the personal injuries and damages which result.
Fault for driver fatigue which causes a truck wreck may be attributed to the driver’s employer under certain circumstances. In determining whether an employer contributed to the driver fatigue the following may be considered:
- Did the trucking company properly monitor the driver?
- Were drivers ordered to continue driving notwithstanding complaints made to a company dispatcher that he was too tired to continue?
- Was the truck driver required to meet a time schedule for the delivery of shipments that require driving beyond federal limits?
- Did the company fail to consider driver fatigue in scheduling load delivery?
Driving while fatigued is a violation of federal regulations and may be evidence of negligence. Careful evaluation of the circumstances surrounding a collision may reveal that driver fatigue played a role in the accident.
How is Truck Driver Fatigue Established?
The driver may admit to police or witnesses that he is fatigued. Such statements may be reflected in the accident report completed by police at the scene. A driver may also make a similar statement to the dispatcher. A driver may appear fatigued when observed by police or other witnesses. Review of the truck driver’s log may also be useful in establishing the amount of time on the roadway and to assess the likelihood of fatigue. Motor Carrier Safety Regulations regulate the permitted hours of service and require the driver to keep a log of their “duty status”.
A wide range of sources must be analyzed to determine whether driver fatigue is a factor in causing an accident. It is important that you involve a lawyer in this process to speak with the witnesses to the collision, review the driver’s log, obtain records associated with the maintenance of the vehicle, review the materials associated with the hiring of the driver and evaluate the potential avenues of recovery that are available.
Preventative maintenance and inspection, driver documentation, brake performance, tire inflation, tire wear and deterioration, wheel retention and deterioration, steering system performance, full trailer coupling, vehicle lighting and conspicuity, pay load characteristics and cargo procurement are all specifically regulated.
Contact Bristol & Dubiel LLP
If you or a loved one were injured in a truck accident, contact us to discuss your options for pursing compensation.