Why do I need an experienced trucking injury lawyer?

The Trucking Company's Immediate Response Team

The vast majority of trucking companies throughout the United States have "immediate response" teams on call who can respond anywhere and anytime if one of their trucks is involved in a crash. These immediate response teams consist of accident reconstruction experts, heavy equipment specialists, defense lawyers, and evidence retention personnel. Teams are dispatched immediately upon notification of a crash. The goal of the trucking company is to minimize potential risk exposure that comes when one of its driver/employees crashes into another vehicle. In 2006, a total of 140,473 large trucks were involved in traffic crashes in the United States, of which 4,879 resulted in fatalities. Accidents involving tractor-trailers account for over 11% of all fatal accidents. Immediate response teams are dispatched by the trucking company in most crashes, even when the injuries are minimal. Without the assistance of an experienced tractor-trailer injury lawyer, a victim is left to play by the rules of the trucking company.

Common Causes of Tractor-Trailer Crashes

Truck drivers and the companies they work for must abide by Federal Regulations and State Laws that regulate the commercial trucking industry. The Federal Motor Carrier Safety Administration (FMCSA) has imposed strict guidelines that trucking companies and their drivers must follow in order to be safe. However, the fact of the matter is that trucking companies are in business to make a profit and sometimes bend or completely disregard these rules.

Following are common causes of truck crashes:

• A fatigued truck driver (41% of truck crashes involve a fatigued truck driver)
• Hours-of-service violations
• Overloaded or improperly loaded trailer
• Failure of the trucking company to conduct a thorough background check of new drivers
• Failure to properly maintain the truck and/or its trailer
• Traveling too fast for road conditions
• Bonuses paid to truck drivers for arriving "ahead of schedule" with a load
• Failure of the trucking company to properly train its drivers on the Federal Motor Carrier Safety Regulations
• Failure of the trucking company to properly discipline its drivers despite continuous traffic and safety citations
• Following too closely to automobiles
• Failure to display reflective triangles when stopped on a shoulder
• Rigorous delivery schedule and penalties for late deliveries
• Failure to have adequate reflective tape on the trailer

The FMCSA has strict guidelines that address each of these common causes of truck crashes. The problem is that enforcement of these rules is inconsistent. With over 2 million trucks on the road at any given time, the FMCSA and local law enforcement can only do so much. The bottom line from our perspective is this:  Every violation of a safety rule or regulation by these truck drivers and companies is a CHOICE...they are choosing profits over safety at the expense of the general public.

Tractor-Trailer Technology in the Computer Age

Most tractor-trailers are fitted with at least 10 on board computers, otherwise known as "data accumulation systems" (DAS).  Following are just a few of the devices now used on trucks and the type of data they monitor:

• Trip Recorders - records speed and length of time the truck drives at that speed
• Log Scanners - allows trucking company to monitor driver logs and monitor any possible over-hours violations
• Paperless Log System - Eliminates driver requirement of maintaining paper logbooks
• Weight-in-Motion Systems - Exchanges information with highway weigh stations
• Satellite Tracking Systems - Enables trucking company to monitor real-time truck location and email the driver
• Electronic Control Module - Monitors engine and operator performance
• Data Logging Unit - Measures vehicle data, engine and operator performance (cab mounted)
• Cellular Communications System - Allows communication between driver and trucking company
• Collision Warning System - Radar-based collision avoidance system which scans up to 350 feet ahead of the truck and saves various information if a crash occurs.  Operates similar to an airplane 'black box'
• DriveCam - Cab-mounted data recorder which saves video when truck suddenly decelerates, losses traction, or sustains impact

Each of these devices are extremely sophisticated and require the assistance of a specialist to download and decode data. Trucking companies commonly use 'immediate response' teams to download vital data following a crash. It is critical that victims of a truck crash be permitted access to this data. One of the first things Stephen Schultz and the firm's attorneys do following a truck crash is request the absolute preservation of these data recorders. Our attorneys often seek a court Protective Order to make certain the trucking company does not "accidentally" erase or manipulate the data.

Who is at Fault?

Most truck drivers are hard-working and have good intentions. Truckers consider themselves professionals and are proud of the service they provide to the general public.  After all, a large portion of the goods consumed in this country are moved with the use of tractor-trailers. Our firm takes this into consideration in the handling of each trucking personal injury case.

Truck drivers are in high demand, and despite rising fuel costs the trucking companies are desperate for qualified drivers. However, the hiring process is where issues can be addressed before they eventually result in the catastrophic injury or death of an innocent victim. The high demand and low supply of truck drivers means that some trucking companies are willing to overlook questionable driver records or previous safety violations in order to get another driver on the road.

Our attorneys immediately request the complete driver employee file from the trucking company involved in a crash. A problem can arise when accident victims wait more than six months after a crash to contact our injury lawyers, or hire an inexperienced lawyer from another firm. The Federal Motor Carrier Safety Administration only requires trucking companies to retain certain driver information for a period of six months. It is critical for our attorneys to thoroughly review a driver's qualification file to see if the trucking company acted recklessly in the hiring of that driver.

Victim of a trucking accident? CONTACT our trucking injury lawyers for immediate assistance.  An on-call attorney is available anytime at (314) 448-0934 if you have an emergency.