3. Rear-End Collisions
Rear-end collisions involving trucks often occur when a truck driver fails to stop in time, especially in situations of heavy traffic or sudden braking by the car in front. Due to the truck's mass, these accidents can be more serious than regular rear-end crashes, frequently resulting in severe injuries or fatalities.
4. Underride Accidents
Underride accidents happen when a smaller vehicle slides underneath the trailer of a truck, often leading to severe or fatal injuries for the passengers of the smaller vehicle. These accidents are particularly dangerous, and while underride guards are required by law, not all trucks are equipped or maintained properly.
5. Tire Blowouts
Tire blowouts can cause a truck driver to lose control of the vehicle, resulting in accidents with nearby cars. In some cases, debris from the tire blowout can cause further accidents as other vehicles attempt to avoid the truck.
6. Wide Turn Accidents
Trucks require more space to make wide turns, and failure to navigate turns properly can lead to collisions with vehicles in adjacent lanes. These accidents are more common in urban areas with narrow streets.
FMCSA Regulations Related to Truck Accidents
The Federal Motor Carrier Safety Administration (FMCSA) regulates the trucking industry to ensure the safety of truck drivers and other road users. When pursuing a truck accident claim, it’s essential to consider whether any FMCSA regulations were violated. Below are some key regulations that can play a critical role in truck accident cases:
1. Hours of Service (HOS)
Truck drivers are subject to strict limits on the number of hours they can drive without rest. The FMCSA has established Hours of Service (HOS) regulations to prevent driver fatigue. Violations of these regulations can increase the risk of accidents, and in the event of a crash, the driver's logs may be examined to determine if they were in compliance.
2. Maintenance and Inspection
Trucking companies are required to ensure their vehicles are regularly maintained and inspected. Failure to maintain brakes, tires, and other essential equipment can lead to serious accidents. Maintenance logs and inspection records can be critical pieces of evidence in determining liability.
3. Weight Limits
Trucks must adhere to weight restrictions depending on the type of cargo they are carrying. Overloaded trucks can affect braking and handling, making accidents more likely. Violations of weight limits may indicate negligence on the part of the trucking company.
4. Drug and Alcohol Testing
FMCSA requires trucking companies to implement drug and alcohol testing for their drivers. If a truck driver involved in an accident tests positive for drugs or alcohol, it can be used as strong evidence of liability.
Who is Liable for a Truck Accident?
Determining liability in a truck accident can be more complex than in a regular car accident, as multiple parties may be involved. Potentially liable parties in a truck accident may include:
- Truck Driver: The truck driver may be held liable if their negligent or reckless behavior, such as speeding, distracted driving, or driving under the influence, caused the accident.
- Trucking Company: In some cases, the trucking company may be held liable for the actions of their drivers, especially if they failed to properly train the driver, neglected vehicle maintenance, or violated FMCSA regulations.
- Cargo Loaders: Improperly loaded cargo can make a truck more difficult to control, leading to accidents. If cargo shifts or spills onto the road and causes a crash, the company responsible for loading the cargo may be held liable.
- Vehicle Manufacturer: If a truck accident was caused by a defect in the truck or one of its parts (such as faulty brakes or tires), the manufacturer may be held liable for the accident.
- Government Entities: If poor road conditions, inadequate signage, or faulty traffic signals contributed to the accident, a government entity may be partially liable. These cases can be complex due to governmental immunity laws, but an experienced attorney can help determine if a claim against a government entity is viable.
At Upton & Hatfield, LLP, we understand the devastating impact truck accidents can have on victims and their families. Our team of experienced Hillsborough truck accident lawyers is committed to helping you secure the compensation you need for medical expenses, lost wages, pain and suffering, and more. We have the skills and resources necessary to handle even the most complex truck accident claims, and we will fight tirelessly on your behalf.
Call (603) 634-9560 to get your claim started.
