Accidents involving 18-wheelers can be devastating, leaving victims with serious injuries and financial burdens. Whether it's driver fatigue, vehicle maintenance issues, or adverse weather conditions, the causes of 18-wheeler accidents are numerous and complex. In this blog post, our legal experts from David W. Starnes Attorney At Law will explore the common causes of 18-wheeler accidents and show how an attorney can assist you in achieving justice.
Why Are 18-Wheeler Accidents Different from Regular Car Accidents?
Due to their sheer size and weight, 18-wheeler accidents differ significantly from regular car accidents. When an 18-wheeler crashes with a smaller vehicle, the chances for severe injuries and extensive property damage increase dramatically.
Commercial trucking laws and regulations are also more complex, often involving multiple parties and intricate liability issues. This complexity makes it crucial to seek legal representation from a lawyer experienced in handling 18-wheeler accidents.
Common Causes of 18-Wheeler Accidents
Many factors can contribute to an 18-wheeler accident, but some of the most common causes include:
Driver Fatigue and Hours of Service Violations
Driver fatigue is one of the leading causes of 18-wheeler accidents. Truck drivers are often required to work long hours to meet tight delivery schedules, which can lead to exhaustion and impaired reaction times. The Federal Motor Carrier Safety Administration (FMCSA) has established strict Hours of Service (HOS) regulations to combat this issue, limiting the number of hours drivers can operate their vehicles without rest. Some drivers and companies may fail to adhere to these regulations, resulting in serious accidents.
Distracted Driving
Distracted driving is a growing problem in all motor vehicle accidents, and 18-wheelers are no exception. With long hours on the road, some truck drivers may use their phones or indulge in other distractions while behind the wheel. This can lead to delayed reactions, swerving, and other dangerous behaviors, increasing the risk of an accident.
Improper Loading and Cargo Shifting
18-wheelers carry large amounts of cargo, and, if not loaded properly, this can lead to serious accidents. Overloaded or unbalanced trailers can cause the truck to tip over or jackknife, while improperly secured cargo can shift during transit, causing the driver to lose control of the vehicle. Trucking companies are responsible for ensuring proper loading procedures are followed, but unfortunately, sometimes mistakes are made.
Mechanical Failures and Poor Maintenance
A poorly maintained truck can experience mechanical failures such as brake failure or tire blowouts, which can be catastrophic on the highway. While trucking companies must regularly inspect and maintain their vehicles, negligence or cost-cutting may result in inadequate maintenance. This puts the driver and other drivers at risk of severe accidents.
Adverse Weather Conditions
18-wheelers are difficult enough to operate in ideal weather conditions, but the risks increase significantly when faced with rain, snow, ice, or high winds. These harsh weather conditions can affect visibility and make it harder for trucks to maneuver safely. Truck drivers must be highly skilled and cautious in these conditions. However, accidents can still occur due to the unpredictable nature of the weather.
Improper Training and Inexperienced Drivers
Trucking companies must train their drivers and ensure they have the necessary skills and experience to safely operate an 18-wheeler. However, with the high demand for truck drivers, some companies may hire inexperienced or underqualified individuals not equipped to handle the demands of a large commercial vehicle. This can lead to mistakes and accidents on the road.
How a Lawyer Can Help Prove Liability in 18-Wheeler Accidents
With so many factors contributing to an 18-wheeler accident, it's difficult to determine who is legally responsible for the damages. A lawyer who specializes in trucking accidents can be invaluable in this situation. Below are some ways an experienced lawyer can help.
Investigating the Accident Scene
The first step a lawyer will take is to thoroughly investigate the accident scene, including:
- Gathering evidence such as witness accounts, police reports, and surveillance footage
- Examining the 18-wheeler's maintenance records and black box data
- Assessing any potential equipment malfunctions or defects
- Analyzing the driver's logbook for compliance with federal regulations
Establishing Negligence
To prove liability in an 18-wheeler accident case, it must be shown that someone acted negligently, resulting in the accident. A lawyer will gather all the evidence to build a strong case against the responsible party.
This may include proving:
- The driver violated hours-of-service regulations by driving beyond the legally allowed hours without adequate rest.
- The truck was overloaded or improperly loaded, causing it to be unstable on the road.
- Training records show the driver had not received proper instruction on how to handle the vehicle.
- The driver used a mobile phone for calls or messaging while driving.
- The trucking company failed to perform regular inspections and maintenance on the vehicle.
Identifying Multiple Parties
In some cases, multiple parties may share liability for an 18-wheeler accident. This could include the driver and trucking company and third parties, such as the manufacturer of a faulty part or the owner of the cargo being transported. A lawyer will thoroughly investigate and hold all potential responsible parties accountable for their actions.
Fighting for Fair Compensation
Once proven liable, the responsible party can be held accountable for damages resulting from the accident.
These can include:
- Medical expenses
- Lost wages and future earning potential
- Pain and suffering
- Property damage
- Emotional distress
If there's a possibility of permanent disability or long-term effects from the accident, a lawyer will also consider future medical costs and loss of quality of life when seeking compensation.
Work With an 18-Wheeler Accident Lawyer for Your Case.
Being involved in an 18-wheeler accident can be a traumatic experience, but with the help of an experienced auto accident lawyer, you can seek justice and fair compensation for your losses. If you or someone you know has been injured in an 18-wheeler accident, don't hesitate to contact David W. Starnes Attorney At Law for a consultation. We're committed to fighting for your rights and helping you recover from this difficult situation.
Call us today at (409) 835-9900 to start your journey towards justice and fair compensation.