Trucks & Auto Accidents
A collision with a truck all too often has catastrophic or fatal consequences.
Federal and State laws mandate certain restrictions and documentation that are sometimes ignored in order for commercial trucks to meet deadlines, financial concerns and the corporate bottom line. These types of accidents may involve a litany of causes such as:
- An unsecured load/ unsecured cargo;
- Federal and/or state safety violation;
- Defective tires;
- Jackknife accidents;
- Inability to safely stop/ brake defects;
- Runaway trucks;
- Property damage to third parties;
- Dangerous turns;
- Distracted driver;
- Driver Inattention;
- Failure to maintain a proper lookout;
- Driver Fatigue;
- Drug and alcohol abuse;
- Railroad crossings;
- Defective products
The trucking industry has stringent federal and state regulations that require commercial drivers to submit to drug and alcohol testing following an accident, to document the hours they drive, to limit the hours they drive and to comply with carrier safety regulations. Relevant sections of the Federal Motor Safety Regulations promulgated by the Department of Transportation, Federal Motor Carrier Safety Administration and National Highway Transportation Safety Board include, but are not limited to:
- Title 49, Part 382, Controlled Substances and Alcohol Use and Testing;
- Title 49, Part 383, Commercial Driver’s License Standards;
- Title 49, Part 384, Compliance with CDL Program;
- Title 49, Part 390, Compliance with federal Motor Safety Regulations, General;
- Title 49, Part 391, Qualifications of Drivers;
- Title 49, Part 395, Hours of Service of Drivers;
- Title 49, Part 396, Inspection, Repair and Maintenance
- Title 49, Part 397. Transportation of Hazardous Material, Driving and Parking Rules.
On Board Recorders and Black Boxes
The National Highway Transportation safety Board is urging the federal Motor Carrier Safety Administration to expand the use and requirements of using on board recorders (black boxes). These devices enable accident investigators and regulators to monitor compliance of commercial carriers by measuring such things as hours of operation, average speeds, air bag deployment and other highly relevant information related to safety and accident causes. After an accident occurs, it is essential to insure that the information in an on board recorder is secured before this crucial evidence is destroyed. On June 1, 2012, new rules are scheduled to take effect.
At Davant & Associates, it is our job to prove that a driver, a car or tire manufacturer, agency or corporation was negligent and should be held accountable for your injuries and damages.