Liability for Accidents Involving Unqualified Truck Drivers
Trucking accidents cause severe injuries, and one of the top causes of these accidents is incidents with unqualified truck drivers. The sheer size of a truck versus the size of a passenger vehicle sets the stage for catastrophe when the two collide, and passengers in a car typically suffer several significant injuries. If you believe you sustained injuries due to a truck accident involving an unqualified truck driver, you may be entitled to financial compensation. Recovering compensation for losses caused by a trucking accident requires finding causation and holding the responsible party accountable. Stay tuned to learn more and see if your case might qualify for review. What Causes a Driver to be Unqualified? The phrase “unqualified truck driver” bears particular legal significance. It goes beyond an everyday understanding of the definition of unqualified and includes a truck driver who has: Had their license revoked, or Does not have the requisite commercial driver’s license (a CDL) To obtain a CDL, a driver needs to undergo specialized training. Driving a truck requires a different skill and knowledge set than operating a passenger vehicle. Truck drivers take courses on topics including mandatory driving hour requirements, how to safely enter and exit a roadway, how to check the weight load of the cargo, how to use the larger mirrors trucks are outfitted with, and the need to perform a vehicle check before embarking on a delivery trip. When a driver has not taken these classes, they do not possess the requisite skills to operate a large truck safely and will not qualify for a CDL. In this regard, a driver who lacks these qualifications is considered unqualified and should never get behind the wheel of a commercial vehicle. It is crucial to inspect all drivers’ training and educational records involved in a trucking accident to determine whether they are qualified or unqualified. How to Proceed Against an Unqualified Driver If you have been in an accident with an unqualified truck driver, an attorney will likely recommend holding the trucking company responsible. Attributing an accident to the trucking company requires an in-depth analysis to identify the pieces of evidence necessary to show guilt. Only a thorough investigation can unearth the documents and data necessary to prove a trucking company engaged in negligent hiring of a driver or implemented prohibited practices. Company records can reveal a history of hiring patterns and can be beneficial in showing the trucking company bears responsibility for the accident. Schedule a Consultation with Flickinger Sutterfield & Boulton Our team of legal professionals knows about recovering financial compensation for victims who were injured in a trucking accident involving unqualified truck drivers. If you have been in a truck accident, it is critical to explore all avenues related to liability. We will help determine the cause of the accident and assign fault to gain what you previously lost. We have offices in Provo, Orem, Saratoga Springs, and West Jordan, so reach out to the law offices of Flickinger Sutterfield & Boulton for a free case evaluation today.
Commercial Truck Accidents and Disqualifying Medical Conditions
If a driver suffers from a medical condition the could affect their ability to drive safely, they should be disqualified from operating a commercial vehicle. It’s a common sense safety measure to avoid catastrophic auto collisions and large truck accidents that’s been put in place by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA requires drivers to be able to operate vehicles safely, secure and check loads being carried, and conduct pre-trip and post-trip safety inspections. The Provo, UT auto accidents lawyers of Flickinger Sutterfield & Boulton would like to consider the medical conditions that disqualify people from driving a commercial truck. Even though there is a shortage in licenses commercial truck drivers in the United States, companies must be diligent in hiring medically certified and qualified individuals. A List of Disqualifying Medical Conditions The FMCSA lists the following as medical conditions that disqualify drivers from operating commercial trucks: Vision loss Hearing loss Epilepsy Insulin Use Each of these conditions in some way impairs a driver’s ability to drive safely. You will notice that the above list covers the risk of seizures, severe hypoglycemic episodes, as well as problems with necessary senses for driving. Applying for Exemptions Truck drivers who suffer from the above medical conditions can apply for exemptions from the FMCSA. Accompanying documentation such as medical records, driver history, and employment records will often be submitted when applying for an exception. Based on new rules by the FMCSA that went into effect last year, truck drivers who have stable insulin regimens and have properly controlled diabetes will no longer need to apply for an exemption, though they will need to provide proof that their condition is under control. Department of Transportation Physical Examination In addition to the above medical conditions, the Department of Transportation (DOT) also requires commercial drivers to undergo a physical examination. This helps ensure that the driver is well enough to operate a vehicle and perform the duties associated with their job. These physical exams must be performed by a licensed medical examiner listed in the FMCSA’s National Registry. Failure to Properly Screen Truck Drivers While it is incumbent on truck drivers to meet the physical requirements and undergo medical screenings as needed, their employers must also be diligent when screening for employees. When trucking companies fail to check their driver’s medial records, these companies could be putting an unqualified person behind the wheel of their tractor trailer. Who Is Liable When Medical Problems Cause a Truck Accident? In cases when medical conditions contribute to an accident occurring, liability will depend on the circumstances of the crash. Truck drivers who failed to receive certification or provided false information about their suitability for the job may be liable for the crash, and the trucking company who employed the driver could be liable for their failure to properly vet their employee. An attorney can help you and your loved ones in these matters, making sure the liable party is held accountable for the harm they caused. Contact Our Team of Auto Accident Lawyers For more information about your legal rights and options following a truck collision, be sure to contact an experienced injury accident attorney. The team at Flickinger Sutterfield & Boulton is here to help. You can reach our Provo office by calling (801) 753-1616, our Orem office at (801) 669-8835, our our Saratoga Springs office at (801) 341-8424, and West Jordan office at (801) 509-7102.
Driver Fatigue Can Result in Serious Large Truck Accidents
The lawyers of Flickinger Sutterfield & Boulton have helped countless clients in the greater Provo area. We believe in the rights if injury victims and their loved ones, and we fight diligently for them every step of the way. When it comes to lawsuits for serious truck accidents, it’s important to have strong legal representation in place. One of the leading causes of these kinds of collisions is driver fatigue. Let’s consider this in greater detail right now. Defining Driver Fatigue Driver fatigue refers to cases in which a driver is pushed to a point of exhaustion and remains behind the wheel even though he or she is quite tired. This may be due to a lack of sleep or a lack of rest. When a driver is not fully rested and operates a vehicle, they pose a danger to themselves and others. For one, their mental alertness is seriously affected. The driver may dose off behind the wheel, or they simply may not be aware of coming hazards on the road or traffic signs and signals. In addition, their reaction time is adversely affected, meaning there may be a delay in braking or swerving to avoid a collision. Why Large Truck Drivers May Suffer from Driver Fatigue Commercial trucks are essential for interstate commerce, shipping items large and small. Truck drivers are often forced to work long hours in order to deliver goods on time. Keeping on schedule can be harder than one expects, which means pulling long hours and sometimes skipping sleep in order to be on time. When this happens, the safety of everyone is put at stake. The Tracy Morgan/Walmart Lawsuit One of the most high-profile cases of truck driver fatigue involved actor/comedian Tracy Morgan of Saturday Night Live and 30 Rock. In June 2014, a Walmart tractor-trailer was involved in a multi-car collision on the New Jersey Turnpike. Within one of the vehicles was Morgan as well as a few of his friends. The collision left Morgan seriously injured and claimed the life of his friends and long-time collaborator James McNair. Morgan sued Walmart for negligence as it was determined the truck driver had been awake for more than 24 hours before the crash occurred. Walmart settled the lawsuit out of court in May 2015 for an undisclosed amount. Trucking Companies and Drivers Must Be Responsible Given the dangers of driver fatigue, it’s crucial that trucking companies and truck drivers be extremely careful on the road. Drivers should not skip sleep or be on the road for a dangerous amount of time. Trucking companies, similarly, must be reasonable when it comes to the burden of their truck drivers and their schedule. By being responsible behind the wheel and behind the desk, more motorists can be spared the harm that large trucks pose. How Our Attorneys Can Help with These Cases Whenever someone is seriously harmed in a trucking accidents, the team at Flickinger Sutterfield & Boulton can help in the legal process. Companies often have strong legal teams in place in case of injuries and accidents. We will not be intimidated and will fight for you every step of the way to ensure fairness and the fair recovery of damages for injuries and losses sustained as a result of the crash. Contact the Lawyers of Flickinger Sutterfield & Boulton For more information about your legal rights following a serious auto accident, it’s important that you contact our team of auto accident attorneys today. The legal team here at Flickinger Sutterfield & Boulton are here to help you receive just compensation for injuries and losses.
The Ten Most Common Causes of Large Truck Accidents
At Flickinger Sutterfield & Boulton, our personal injury attorneys have the experience and resources to handle the full range of auto accident cases with success. We have particular skills in handling cases involving tractor-trailers and other large commercial trucks. By virtue of their sheer size, weight, and difficulty to maneuver, these trucks are among the most inherently dangerous on our nation’s roadways. When they are involved in collisions with smaller motor vehicles such as cars, pickup trucks, motorcycles, and SUVs, the occupants of the latter vehicles are at extremely high risk of catastrophic injury or death. What causes thousands of truck accidents that occur each year? Thanks to a study published by the Federal Motor Carrier Safety Administration in 2007, “The Large Truck Causation Study,” we don’t have to guess at the ten most common trucking accident causes. Our Provo, UT personal injury attorneys invite you to read the following summation of the top ten causes of trucking accidents in the United States and then contact our law firm if you require an evaluation of a truck accident case. What Are the Ten Most Common Causes of Large Truck Accidents? According to “The Large Truck Causation Study,” published by the Federal Motor Carrier Safety Administration, the ten most common causes of large truck accidents are, from most common to least common: Drug use, whether of prescription or illegal drugs: 26 percent of all crashes Speeding: 23 percent Unfamiliarity with the route: 22 percent Influence of over-the-counter medications: 18 percent Failure to check blind spots properly: 14 percent Driver fatigue: 13 percent Failure to observe legally mandated safety measures such as signaling turns: 9 percent Driver distraction: 8 percent Inability to avoid crashes due to inability to properly estimate the level of evasive action needed: 7 percent Road rage: 7 percent Observant readers will notice that the above percentages add up to more than 100. This is because more than one cause can contribute to a single accident, of course. For instance, drug use and speeding commonly go hand in hand. Many people might be surprised to learn that driver fatigue, which was long assumed to be the most common cause of large truck accidents, is now the sixth most common cause. They might be equally surprised to learn that road rage, often thought of as a behavior engaged in mainly by operators of passenger vehicles, is a common cause of large truck accidents. To be certain, the list shows that truck drivers, despite their training and presumed experience, are prone to the same imperfections and faults as other drivers. While most truckers are excellent drivers who operate their vehicles with extreme care and caution, it is imperative that we all keep our eyes open at all times when we are on the road. Contact the Law Firm of Flickinger Sutterfield & Boulton Today To arrange an evaluation of your trucking accident case, please contact the personal injury law firm of Flickinger Sutterfield & Boulton today.
Trucking Safety Advocates Seek Improved Crashworthiness Standards
The American Trucking Associations (ATA) and the Owner Operator Independent Drivers Association (OOIDA) are coming forward to express their concerns about heavy truck cab crashworthiness standards. In order to do something about the issue, the two groups came together and sent a letter to the National Highway Traffic Safety Administration (NHTSA), which outlined their concerns regarding the agency’s lack of crashworthiness standards for heavy truck cabs. These standards are needed to improve safety and reduce the number of trucking accidents. “NHTSA has continuously developed crashworthiness standards for automobiles and light trucks, but to date has generally not applied crashworthiness standards to commercial trucks,” the letter said. “We believe there may be opportunities to enhance the survivability of professional truck drivers if appropriate, research-based, uniform standards are developed.” The organizations added that these standards are needed because of the risks truck drivers face on the road: 700 truckers are killed each year in single- or multiple-vehicle crashes 63 percent of fatal truck accidents are caused by rollover crashes 23 percent of these rollover crashes can be prevented if the structural integrity of the vehicles are improved In order to prevent these deadly accidents, the ATA and OOIDA suggest that cab structures include occupant survival space, improved seat belts and airbags and interior truck surfaces made from padding. “Making our highways safer, especially for our drivers, is one of ATA’s highest priorities,” ATA President and Chief Executive Officer Bill Graves told the Commercial Carrier Journal. “ATA has made setting crashworthiness standards a part of our progressive safety agenda, and we’re proud to stand with OOIDA in calling on the federal government to take these important first steps that will reduce injuries and fatalities among America’s professional truck drivers.” If you or your loved one was injured as a result of a trucking accident, speak to a personal injury attorney knowledgeable in these types of claims to discuss the accident and learn more about your legal options.
Recent Collision Highlights The Importance of Car & Truck Safety
A passenger car and a semi-trailer were recently in a collision on Interstate 15 in North Salt Lake. According to a Utah Highway Patrol officer, the accident occurred when the drivers of the car and the semi-trailer tried to avoid hitting a third vehicle with a blown tire. While both drivers averted an accident with the third car, they ended up hitting each other in the process. The driver of the truck suffered minor injuries, which were treated at a local hospital, and the passenger car’s driver did not receive any injuries that needed medical attention. Common Semi-Truck Accidents In many cases, commercial truck accidents are actually caused by the drivers of passenger vehicles – in part because they don’t realize the significant differences between their cars and the trucks that they share the roads with. Some of the major differences that drivers must keep in mind include: The longer distance it takes for trucks to stop, which is almost three times the stopping distance for cars The swaying motion of tankers, which can make it difficult for drivers to maneuver their trucks The fact that many trucks are not equipped to prevent underride accidents, which occur when a car crashes into a truck’s trailer. (These kinds of accidents are particularly deadly for those who drive passenger cars – only two percent of car drivers survive underride accidents.) As a result of not understanding the power of trucks, some passenger vehicle drivers may cause accidents by making mistakes such as driving in a truck’s blind spot, quickly changing lanes in front of a truck or blocking a truck that is changing lanes or merging into traffic. In contrast, many truck accidents may also be caused by mistakes made by truckers. In some cases, these accidents may result from a lack of training and knowledge about truck safety and defensive driving. Trucking accidents are also caused when truckers try to meet the unrealistic speed and hours requirements of their employers. Studies show a fatigued driver can be as dangerous as an intoxicated driver, which may lead to dangerous accidents and severe injuries suffered by others involved in the crash. No matter what the cause, the impact of being in an accident with a truck can be devastating. Passenger car drivers involved in these kinds of accidents may become paralyzed, disfigured or even die from their injuries. It is important to all drivers to pay attention to other vehicles on the road and employ safety tactics to avoid accidents and reduce the chance of an injury. When and accident does occur, speak to a personal injury attorney to learn more about your legal rights and options.
Rear-End Truck Crashes Prove Fatal
Rear-end collisions between trucks and motor vehicles can have devastating effects. Of the 400,000 truck accidents per year, 18 percent are rear-end crashes. Most of these accidents are attributed to trucks hitting motor vehicles. Many of the fatal rear-end collisions involved multiple vehicles. 18 percent of truck-attributed accidents involved three or more vehicles, where as multiple vehicles comprised only five percent of rear-end accidents caused by motor vehicles. Of fatal rear-end collisions, about 46 percent involved multiple (at least three) vehicles. This disparity is likely due to the sheer weight and size differences between large trucks and passenger cars. Typically, an 18-wheeler will not stop or even slowdown when it hits a car, allowing it to continue on its path and hit other vehicles. A car, however, will usually stop when it collides with a truck. Rear-End Collisions and Contributing Factors Defective equipment or poor truck maintenance may contribute to rear-end crashes. Brake problems, including brake safety violations, were a factor in 53 percent of truck accidents according to a study by the University of Michigan Transportation Research Institute. Problems with truck lighting such as turn signals, marker lights and headlights have also been associated with contributing to rear-end truck accidents. Drivers under the influence while behind the wheel may also contribute to rear-end collisions. Alcohol use was found more prevalent in motor vehicle drivers that collided with trucks (2.1 percent) than in truck drivers that hit other vehicles (0.02 percent). In fatal crashes, the number of motor vehicle drivers drinking while driving increased to 15.5 percent. Drivers: Stay Vigilant and Know Your Rights Drivers can protect themselves from truck crashes by always keeping a safe distance between themselves and commercial vehicles. It takes trucks longer to stop than smaller vehicles and drivers must always be prepared to stop when they are behind an 18-wheeler. Large trucks may perform differently than cars, so remain alert when approaching large trucks and avoid their blind spots. Truck drivers that operate their vehicles negligently or carelessly are an extreme hazard to all motorists on the highway. Trucking accidents can cause serious injury and damage due to their large size, particularly when traveling at high speeds. A person injured in a motor vehicle collision involving a commercial truck may be entitled to compensation for their losses. Damages may include payment for medical bills and pain and suffering. An injured victim should consult with a personal injury attorney to learn more about protecting their rights and holding the responsible party accountable.
How Will Trucker Rest Rule Suspension Affect Roadway Safety in Utah
Utah drivers may face a higher risk of truck crashes involving fatigue due to the suspension of a rule requiring weekly overnight rest periods for truckers. At the end of 2014, federal legislation suspended one of the Federal Motor Carrier Safety Administration’s hours-of-service regulations. The suspended rule limited the total weekly hours that truckers could work while mandating nighttime rest periods. The suspension is effective until September 2015, pending the results of a safety study. Unfortunately, even if this change proves temporary, it could leave Provo drivers facing a high risk of truck accidents involving driver error and fatigue. Overview of rule suspension The rule that was suspended established rest requirements for truckers during their 34-hour “restart periods” between workweeks. Truckers had to include two periods of rest spanning from 1 a.m. to 5 a.m. in each restart period. This essentially limited drivers to working 70-hour weeks, according to Bloomberg. Now, truckers do not need to log any overnight rest. Due to this change, they are effectively permitted to work up to 82 hours per week. Critics worry that this will allow more truckers to drive during irregular hours while skipping needed sleep. This may create a higher risk of drowsy driving accidents. Bloomberg notes that it’s already not uncommon for truck drivers to reach their physical limits, given their demanding schedules. Increased sleep deprivation and exhaustion may directly affect a driver’s attentiveness, response times and overall accident risk. Pending research on rule The Commercial Carrier Journal reports that the FMCSA is undertaking a study to evaluate the safety benefits of mandatory overnight rests. The Virginia Tech Transportation Institute will observe drivers for at least five months on behalf of the FMCSA. The study will use various forms of technology to track each driver’s apparent fatigue as well as accidents and near-accidents. Based on the study, a report should be ready by September 2015, when the rule suspension expires. This report will enable lawmakers to determine whether the rule should be implemented again. In the meantime, drivers across the nation may face a significant risk of fatigue-related truck accidents. Outlook in Utah Trucking accidents already have a significant safety impact in Utah, according to data from the state Department of Public Safety. The DPS reports the following figures for 2013: A crash involving a heavy truck occurred in the state every 2.5 hours. Altogether, over 3,000 heavy truck accidents were reported. These accidents contributed to 10 percent of all recorded vehicle accident fatalities. Drowsy driving was reported as a factor in 6 percent of crashes that occurred in Utah that same year. Still, this may underrepresent the real scope of the problem. Drowsy driving can be difficult to identify after an accident, since no definitive test can establish driver fatigue. A much higher number of accidents may involve some form of driver exhaustion. The victims of fatigue-related truck accidents may have legal recourse. If a truck driver violates state laws or federal regulations, the driver may be found liable for any resulting accidents. Drivers who cause accidents after making reckless decisions, such as driving while sleep deprived, may also be found negligent. Accident victims should consider seeking advice from an attorney to better understand their rights and options. Keywords: truck, accident, injury
Study Shows Substance Abuse Common Among Commercial Truck Drivers
The trucking industry is vital to the U.S. economy, delivering goods to consumers across the country. Many assume those who drive large semi trucks are more skilled and careful than the average driver, since they control such large vehicles. However, many truck drivers put others’ safety at risk by driving while under the influence of alcohol or drugs. A study published in the October 2013 issue of Occupational and Environmental Medicine revealed an alarming rate of substance abuse among commercial vehicle drivers . People should be aware of the extent of this problem, as well as the threat to public safety that it poses. Examining substance abuse among truckers Researchers looked at the data collected in 36 studies performed around the world dating back to 2000 and going through the present to try to get a sense of the extent to which truck drivers use drugs and alcohol while driving. A majority of the studies were conducted in large countries such as the U.S., Australia and Brazil, where trucking is common. Of the studies, 23 relied on truckers to report their chemical use and the other 13 used biological samples from truckers. The studies showed that the most popular chemicals that truckers use are alcohol, amphetamines, marijuana and cocaine. The rates of use of each chemical varied among the studies, and researchers hypothesized that the range was due to the differing methods of obtaining information. Biological samples tended to report lower use, due to the short window of time that most of the chemicals remain in the body. Alcohol use among truckers while on the job ranged from 10 percent to 91 percent. The number of truckers using methamphetamines ranged from 0.2 percent to 82.5 percent. Marijuana use ranged from 0.2 percent to 30 percent, and cocaine use ranged from 0.1 percent to just over 8 percent. Public safety threat The rate with which truckers use alcohol and drugs while on the job is alarming because of the threat it holds for all those on the road. The researchers working on the study noted that alcohol and marijuana are known depressants, which work to dull reaction times and decrease coordination – and can lead to fatal accidents when a driver is operating a semi truck. Many of the truckers responding to surveys of chemical use reported that they turned to amphetamines and cocaine as a way to battle fatigue. However, even though these drugs help fight tiredness, studies have shown that drivers using such stimulants take more risks and pay less attention to traffic laws. Talk to an attorney Any time a person gets behind the wheel after having consumed drugs or alcohol it puts others’ lives in danger. When the wheel that the driver gets behind steers a semi truck, the danger increases. Truck drivers have a duty to operate their rigs safely, and when they fail to meet that duty, others suffer. If you or a loved one has been injured in a truck accident, speak with a skilled truck accident lawyer who can help you recover for your losses.