COVID-19 Notice: Malman Law’s staff is working at office & from home so that we can do our part to fight the spread of this virus within our community.

Learn more x
Free Consultations | Tap To Call Today: 1.888.625.6265

Speak to Lawyer 24hrs a Day

1.888.625.6265

Free Consultation, Call Now!

Trucking Accidents and How They Happen

Schedule Free Case Review

Friday, June 12, 2015

Trucking Accidents and How They Happen

truck accident attorneyTrucking accidents can change lives in an instant. Anyone involved in an accident with a large truck may find searching for a cause to be confusing and exhausting. As with car accidents, drivers and equipment play huge roles in each situation. However, with large trucks even more complications may arise. Parties involved can include truck drivers, owners, manufacturers, and shippers. With all these players on the field, an understanding of common causes of truck accidents and the legal ramifications are essential. Though weather and road design may play a role, the most common causes of trucking accidents involve driver error and mechanical failure.

Driver Problems

Road conditions and vehicle safety contribute to the likelihood of truck accidents. However, the Federal Motor Carrier Safety Administration (FMCSA) offers statistics that show truck drivers are ten times more likely to be at fault than any other factor. By far, the most common reason is driver fatigue. Laws called “hours of service rules” provide strict guidelines for legal driving time and necessary rest prior to trucking shifts. For example, drivers can legally drive 11 hours per day, with an additional three non-driving hours on the clock. There must be at least 10 consecutive hours of time off to rest between shifts. In cases where driver fatigue is suspected, possible violations can be tracked. Law requires drivers to log hours. Time stamped records of deliveries can also provide documentation of hours. In some cases, trucking companies have been found misrepresenting driving logs. These forms of documentation are important in tracking liability.

Drug use is another cause of trucking accidents. Trucking companies must follow anti-drug regulations by testing employees as a condition of employment. Random drug testing of on-duty drivers is also required. However, the Department of Transportation (DOT) has investigated cases in which drivers use tricks like synthetic urine to ensure a false negative. Since such findings, the DOT has required companies to obtain copies of drug tests from previous employment. Use of any controlled substance not prescribed by a physician is illegal and can be used to prove liability.

Other causes of accidents related to driver error include blind spots and rollovers. A large truck’s blind spot is known as a ‘no-zone.’ When a car passes in this zone, chances of accidents statistically increase by 60 percent. Rollovers occur when a driver misjudges curves. Misjudging weight distribution and speeding are rollover causes as well. Unfortunately, rollovers are quite common and many times fatal.

Defective Brakes

Truck brakes require a certain level of maintenance to remain safe. Brake issues cause 29.4 percent of trucking accidents according to the DOT. Brake manufacturers must follow strict safety regulations to legally offer their product. They may be liable if:

  • Safety regulations are side-stepped
  • Mistakes during manufacturing caused defects
  • Manufacture recalls occurred

Owner, driver, and company negligence may also affect brake safety. Blame may lie with more than one party involved. The following are examples of driver and company negligence:

  • Front brakes were depowered to avoid wear and tear costs
  • Improper maintenance and necessary logs (including air leaks, brake shoe and component checks)
  • Failure to conduct pre-trip inspection of tractor/trailer equipment

Contact Malman Law – Truck Accident Lawyer

Illinois and federal trucking and manufacturing laws involve many different players. Relationships between owners, drivers, hauling companies, and manufacturers can be complicated. The personal injury attorneys at Malman Law have helped countless clients obtain the compensation they deserve. If you’ve been injured, call today for a free consultation.

Related Posts

Why People Choose Malman Law

You’ll want your lawyers to be this good.
You’ll want our experience on your side.
  • Icon

    Credibility & Experience

    25,000+ Cases over 25 Years
  • Icon

    Track Record of Success

    25,000+ Cases over 25 Years
  • Icon

    Team of Litigation Lawyers

    25,000+ Cases over 25 Years
  • img

    They area very helpful and when it come to getting things done with your case I had the pleasureof working with Jason Kellerman he was awesome I highly recommend them.

    - Britany Weaver

  • img

    I’m very pleased to recommend Malman Law to my friends and relatives! I have to mention how efficient and professional in dealing with my case has been with everyone that I’ve been in contact with at Malman Law. Mrs. Sabo is outstanding as well as her secretary and assistant in responding quickly to any of my questions or concerns. This firm has gone above and beyond to keep me updated and get answers to my questions at any time, weekends included! Malman Law rules in my opinion!

    - Cheryl Wagemann

  • img

    I’ve been knowing about this Law firm for many years through friends, referrals & advertisements , never I thought I would need their services , because I believed things & situations don’t happen to me like this , long story short I was in situation that I needed help & advice!!! The right direction , I connected with the Firm & a very patient , understanding professional woman by the name of Margie assisted me in what I needed 🙂 Thank you I will refer as I was as referred as well This firm really does care !

    - Elvira G.

  • img

    I was rear-ended by a semi-truck on my way to work. I was transported to the hospital and my car was totaled. In the aftermath, Dan Petrich and Anna Schmidt from Malman Law helped me get set up with physical therapy and negotiated with the insurance companies to make sure the resulting settlement would cover my medical bills and a rental car until I could get a new car. I would highly recommend their services.

    would do everything they could for me.

    - Tony S.

  • img

    I contacted Malman Law go my work injury. So professional from my first phone call. Mr. Malman’s investigator, Dan, came right out to our home. Everything was explained in detail so I know what to expect during this process. I certainly recommend anyone ever in need of a personal injury lawyer to call Malman Law. Truly the best!! Thanks everyone!

    - Devin Jones

  • img

    Attorney Greg Lamorena was my lawyer when I slipped and fell. He kept me updated throughout the case and was always available to talk when I had questions. He is a great lawyer and could not be happier about my settlement!

    - Annie Ong

  • img

    Alexis was the attorney on my case! She kept me in the loop about everything with my case. If I had any concerns I was able to contact her and she’ll answer my questions right away. If your interested in working with Malman Law I would highly recommend Alexis she was GREAT. I would highly recommend Malman Law if you’re ever in need!

    - Eugenia Cathery

  • img

    They are so efficient and professional.Always available to help.Attoney Boyer was great and very good with my case.I really appreciate mailman law firm. I gave them 5 star because there is nothing higher.

    - Omolewa Snyder

  • img

    I have had an amazing experiences with Malman law so far. From the start Dan was super easy to work with, got me the medical attention I needed and fast. Couldn’t ask for better communication. Neil Kilcoyne has been nothing but the best I could not recommend a better attorney. Malman Law is a 10 out of 10 law firm.

    - Trevor Harris

  • img

    Hi I just want to acknowledge Jay McCarron, Kelly & the Firm at Malman Law for representing me as they continue to work on my case. Thanks for keeping me updated & responding quickly to any of my questions or concerns. I would Highly recommend you and your firm to friends & family. E. P.

    - Ernest Pitts

  • img

    Alexis was the attorney on my case and she was GREAT. She made sure I was updated on everything about my case. I would highly recommend Malman Law if you’re ever in need.

    - Ariel Fleming

  • img

    I had the best experience with Jason and Jay attorneys from Malman Law they really went all the way to settle my case I’m telling you there just the best!! Recommend 100%!

    - Carmen Rivera

  • img

    Adam Meadow acted as the attorney for a family member who was in a car accident. He was highly personable and actively listened to our issues throughout the litigation process. He was able to get us a settlement for the repairations of the accident. We would recommend their services!

    - Greg Gustafson

  • img

    Excellent customer service and great experience. Malman law handled the whole process and it was very smooth. The settlement was a great success. I would choose malman law again in the future.

    - Malak St.Clair

  • img

    Helped me out of a big jam when my auto was hit twice when and the other drivers had no insurance. Adam Meadow is the only Lawyer I will call for helping me an my daughter.

    - Devri Lott

  • img

    I cannot give enough praise to the team at Malman Law, for helping with my case . My children were involved in a auto collision and the attorney Adam along with his paralegal Michelle worked diligently until the matter was resolved and my entire family was happy. I would definitely recommend Malman Law for anybody going through legal troubles.

    - Adrian Lopez

  • img

    A close friend recommended me to Malman Law. I currently have a case with them due to a car accident I had and ever since the accident they have been taking care of everything for me without me having to worry about anything. They took care of the medical bills & helped me get physical therapy right away. I highly recommend them.

    - Vanessa Leon

  • img

    Bella Feinstein, Jason Kellerman, and Terry Davey, have been instrumental in helping me though many difficult situations. Not only did they work to get my mom a settlement, they have continued to help me through the legal process of relocating my mom to a different state. I’m very grateful for their hard work and good advice.

    - Nyah Vuljanic

  • img

    This law firm is the best they got me paid and meymen law kept in constant communication with me which meant a lot to me I would highly recommend this law firm to anyone who. In the position they are awesome sincerely. Jeff walker

    - Jeff Walker

  • img

    Mr. Kellerman of Malman Law shows compassion for his clients. Returns calls and emails promptly, takes time to listens to his clients and gather facts accordingly.

    - Steve Acosta

  • img

    Everyone at Malman Law made me feel welcomed and heard. My lawyer, Adam Meadow, as well as staff kept me up to date and were more than happy to do so! I would highly recommend their services. Also- a plus is many employees are fluent in Spanish. My experience was easy and worthwhile.

    - Adrianna Gomez

  • img

    Dan Petrich was the best man for my case of falling through my porch of a apartment I rented. He made sure I got what I deserved not only $ wise but medical wise and that my hospital bills and Dr bills were left at a $0 balance before closing my case. I was definitely happy and glad I choose him. Thank you. 5 stars

    - Jose Cruz

  • img

    Steve Malman helped me with my auto case. He quickly responded and answered any and all the questions I had. My case was a success as well as 2 other family members I recommended to him won their cases as well. Definitely a 5 star!

    - Meagan Cruz

  • img
    Malman Law goes above and beyond handling your legal injury case needs. From the first appointment through to the ending verdict my sister and brother in law were very happy with their case results. Highly recommended!

    - Eddie Villarreal

  • img

    I am very impressed with Malman Law and my experience with Tiffany Alberty. She was very professional and knowledgeable. I appreciate the great communication and never felt out of the loop. She was very patient and hard working on my case. I would highly recommend this firm. Thanks for the hard work and all your help!

    - Madissen Miller

  • img

    Malman Law is definitely professionals and skilled at what they do. Mr. Adam Meadow always kept me informed and never hesitated to answer my questions and was open to hearing my concerns. Wouldn’t think twice about referring them to family and friends. Thank you to all at Malman Law!

    - Christina Ocon

  • img

    Mailman Law, Excellent firm!! Tiffany Alberty and her assistant Margie Gallegos were super efficient and knowledgeable. Great communication—very quick response and great follow up! My case was resolved sooner than expected. I highly recommend them!

    - Adriana Martinez

  • img

    So glad I contacted malman law regarding my accident. Professional and caring. Thank you Mr Malman. I most definitely recommend to anyone if you need the best to call Malman Law!!!

    - Virgil Sanner

  • img

    I really appreciated and enjoyed Yennin Calderon’s service. I called asking questions and she was so helpful. Not only did she answer all my questions and concerns. It was also a bonus that she was bilingual in Spanish! Loved the warmth she brought. Thank you!

    - Jazlyn Caraballo

  • img

    My experience with Malman Law was great. I worked with Attorney Tiffany Alberty and her assistant Margie. Both communicated what was going on with my case, explained next steps and got my case to resolved early. I would highly recommend Malman Law.

    - Ashley Jenkins

View more testimonials
img

What’s your case worth? Submit for a free case review

ALL FIELDS REQUIRED

2 years ago I was involved in a trucking accident involving a 14-wheeler truck that nearly disabled me for life. Steve fought to make sure that I received the most possible compensation for my injuries. I was about to take the insurance company’s lowball offer, but decided to call Steve first – it was the best decision I’ve made yet

NOAH TAFFELPersonal Injury Victim