Recently, the National Highway Transportation Safety Administration released a report showing a significant increase in truck deaths, despite an overall decrease in highway fatalities. The report will likely influence Congressional debate over trucking safety measures.

According to the study, in 2010 truck deaths rose 8.7% to 3,675 fatalities from accidents caused by large trucks. The statistics are particularly startling in light of the fact that truck deaths have been on the decline in the past 10 years: 2009 saw 45% fewer truck-related deaths than 1999, even though 3 million more trucks were on the road. Some attribute the sudden jump in fatalities to excessively lax limits on truckers’ hours. Currently, truckers can be on the road for 11 hours at a time and on-duty for 14 hours a day.

Though the overall drop in highway deaths is certainly a step forward for highway safety, the increase in truck-related accidents is still a disturbing trend. If you have been affected by a negligent truck driver, contact the McMinn Law Firm today.

According to DPS officials, commercial vehicles are responsible for 15 percent of Texas crash fatalities and they believe the program has already saved countless lives.

Statistics:

- 331,505 inspections performed by the Highway Patrol

- 66,189 commercial vehicles removed for safety violations

- 12,301 drivers removed for safety, license violations

Accidents involving commercial vehicles often result in fatalities or severe injuries due to their size and weight. If you have been injured in a truck accident, contact the McMinn Law Firm for a free case review.

Just over a year ago, there was a devastating crash involving a truck killed 11 people in Louisville, Kentucky. Recently the National Transportation Safety Board released a report detailing the events that led up to the crash. The driver, who died at the scene, had just made a phone call one second before swerving across the median and striking a van head-on. According to phone records, the driver had also been sending and receiving text messages in the hours before the wreck.

The tragedy spurred an investigation into the company that the driver worked for, Hester, Inc., which found several violations of trucking safety laws, including instances of driving for over 11 hours straight and shifts longer than 15 hours. Investigators believe that the truck driver’s drowsiness was a factor in the crash.

Trucks making their way through the greater Austin area can pose a threat to drivers if they engage in dangerous, risky driving practices. If you have been the victim of a truck accident, contact McMinn Law today.

Roadcheck is a nationwide initiative aimed at boosting roadway safety by taking unfit commercial vehicles off the road. Texas DPS officials, police officers, and various other inspectors performed almost 8000 inspections on commercial vehicles, looking for missing lights, problems with brakes and tires, un-logged driving hours, expired licenses, and various other infractions.

Over a quarter of the inspected vehicles were placed out of service due to an issue with the vehicle that required repairs; 212 more drivers were suspended for various other reasons unrelated to their vehicle itself. Only four drivers were suspended due to alcohol or drug use.

Drivers in Texas are used to seeing 18-wheelers on almost every highway, and the statistics from Roadcheck 2011 serve as a sobering reminder that the trucks can be dangerous. What do you think of the Roadcheck inspection results? Should commercial vehicles undergo more frequent inspections?

If you or a loved one has suffered from a car accident with a truck due to defective trucking equipment or equipment failure, you need a lawyer to be on your side and represent your interest against these large companies.  The lawyers at the McMinn Law Firm are experienced in trucking and car accident cases and we want to help you obtain the justice you deserve.

Many problems can arise with truck maintenance, such as:

• Steering failure
• Brake failure
• Tire failure or blowouts
• Carrying a load that is overweight or overloaded
• Carrying a load that has been improperly balanced
• Faulty seat belts, seals or holes

Weak trucking equipment can be weakened even more by improperly loaded cargo, leading to possible accidents on the road. Innocent victims need to be represented against trucking companies who hold responsibility for the safety and maintenance of these trucks on the highway. These trucking companies are legally supposed to maintain adequate inspections and maintenance of their trucks on a consistent basis as well as keep maintenance logs to track and assure proper truck operation.

The lawyers at the McMinn Law Firm understand the daily hazards innocent drivers face just by driving on the highways, and we want to be there for you or someone you know who has been affected in a car accident or truck accident.  Defective trucking equipment is a fatal danger on the road, one that is highly preventable, and we will fight to obtain your compensation and justice in a trucking accident case.  Our attorneys will investigate each truck and car accident for every detail and gather all the evidence to determine what led up to the accident. Let the McMinn Law Firm help you so you do not have to go through this whole process alone.

Truck driver fatigue is an exhausted, sleepy or tired feeling that a driver experiences while operating a commercial vehicle. It usually stems from lack of daily sleep. Driver fatigue is so dangerous because most drivers can’t even tell how serious their exhaustion is. Symptoms of driver fatigue include:

- Yawning
- Poor concentration
- Sore eyes
- Restlessness
- Drowsiness
- Slow reaction
- Feeling Irritable
- Difficulty staying in your lane

Working conditions may also be a factor contributing to driver fatigue. Some drivers are paid by the mile so they will push to get as many miles in as possible, and some companies place time limits on drivers. The Code of Federal Regulations places laws on Interstate truck drivers working hours in order to combat driver fatigue. Under these laws drivers can drive 11 hours in a work period, but are not allowed to operate their vehicle after 14 hours of being on duty. In between working periods ten consecutive hours of rest are needed for the driver to resume work.

Truck drivers are required to record their driving hours in a log book, however, many drivers falsify their hours so they can travel more without getting in trouble. Recently, the Federal Motor Carrier Safety Administration drafted plans that would require electronic on board recorders in all trucks in order to prevent drivers from lying about their hours. These “black boxes,” will monitor the hours driven, and the hours the truck is resting.

The longer a driver is working the more likely he or she is to be involved in an accident due to fatigue. For instance, for one hour of driving there were 102 fatigue related accidents out of 10,412 and for every 13 hours of driving there were 8 fatigue related accidents out of 32.

Trucking accident cases are very complex and present many issues that are absent from regular car accident cases.  It is always a good idea to retain a truck-accident lawyer to review your case and fight for your rights.

- Aggressive driving
- Cell phone use
- Driver fatigue (20 percent of drivers admitted falling asleep at the wheel)
- Driving over the speed limit (accounts for 20 percent of accidents)
- Equipment failure (brake failure, tire failure, etc …)
- Neglect to inspect the truck
- Failure to safely secure cargo
- Hazardous driving practices
- Intoxication
- Jackknifing (when the truck exceeds a 45 degree angle from the cab)
- Extra long driving shifts
- Neglect to accommodate blind spots
- Road debris
- Tailgating
- Tight schedule

The legal weight of an 18-wheeler is 80,000 pounds which makes for a messy accident when one collides with the average 5,000lb automobile. The time required for one of these big rigs to come to a complete stop, when traveling at 55mph, is 40 percent greater than that of a car. This being known, it is easy to see how an accident involving an 18-wheeler could be catastrophic. Injuries from these accidents such as brain damage, head and back trauma, amputations, burns, and broken bones frequently occur, leaving the victim with large medical expenses, loss of a vehicle, and even a loss of income from not being able to work.

Sadly, many trucking companies train their drivers on what to say after an accident to ensure they aren’t held liable. Directly after an accident it is best to contact a lawyer to help build a case against the person at fault. The lawyer can secure police reports, the truck driver’s records, and maybe witness reports to help you win your case and obtain sufficient health care, rehabilitation, or compensation for lost income.