Category: Truck Accidents

Tennessee residents may not be able to predict every single potential crash that can happen on the roads. However, there are some signs that can help you determine if trucks are more likely to get into an accident, so you can steer clear.

As stated by The Free Dictionary, jackknifing occurs because the brakes fail or otherwise do not work as intended, or because a tire’s traction does not hold. These failures can happen for a number of reasons, and frequently include the following.

Maintenance or parts failures. If a truck is not adequately maintained, then its parts won’t be able to work as intended, either. Brakes should be monitored carefully and replaced or fixed as needed, and trucks need to be checked frequently to ensure that certain pieces aren’t faulty or defective from the shop. Old or damaged trucks could indicate poor maintenance.

Human error. Truck drivers are under strenuous conditions to make their deliveries and can commit a number of mistakes while in these stressful situations. Under-loading the truck or distributing the weight poorly can contribute to jackknifing, as can speeding or taking corners too quickly. Pay attention to erratic driving and steer clear if you see any.

Weather. If the conditions of the road lessen the tire’s traction, then it also increases a truck’s chances of jackknifing. Particularly dangerous conditions involve ice or snow, but even rain can be enough to send a trailer spinning.

Jackknifing trucks can cause massive amounts of damage to surrounding vehicles simply because of their size and weight. If you have been caught up in an accident with a jackknifing truck, you may wish to explore your legal options.

People in Tennessee who have ever been in a standard passenger vehicle right up next to a large commercial vehicle like a tractor trailer know how immediately dwarfed and vulnerable they can feel. The size differential alone can be foreboding and when the difference in weight between these types of vehicles is considered, it is no wonder why accidents involving semi trucks can be so incredibly dangerous and often deadly.

It is for this reason that the Federal Motor Carrier Safety Administration outlines a robust set of rules that truckers must follow in order to ensure safety on the road for everyone. One of these rules is called the Hours of Service rule. This basically outlines when a trucker may operate a vehicle and when breaks must be taken. It also stipulates how long a break should last. There is a maximum number of hours able to be worked per day and a maximum number of hours able to be driven per day. The goal is to prevent undue trucker fatigue.

Now the FMCSA is preparing to review some potential changes to these rules for times when a truck driver operates a big rig for personal purposes instead of for work. This is called for personal conveyance. It is unclear exactly what, if any, changes may ultimately be made to the rules for these times but the need for safety remains the same regardless of the reason the truck is being driven.

Tennessee residents who are involved in a large truck crash might want to contact an attorney to learn how they should seek compensation.

Source: Transport Topics, “FMCSA Proposes Revised Hours-Of-Service Personal Conveyance Guidance,” John Sommers II, December 18, 2017

Many motorists in Knoxville may not realize that when truck accidents occur, they are more likely to sustain serious injuries and die because they are in smaller vehicles. Truck accidents are happening more often. Passenger car operators are in danger of losing their lives and the lives of their loved ones. To reduce the number of accidents that involve semis, trailers and passenger vehicles, more truck companies are “installing dash cams to monitor and alert truckers to potential risks that lead to accidents to prevent them,” states TruckingTruth.com. 

Some passenger car operators are not blameless 

It is becoming more apparent that passenger car operators play a major role in the commission of truck accidents. Many of them make errors and drive in a manner that makes it challenging for truckers to avoid crashes. For example, some drivers feel they can outmaneuver large semi-trailers by cutting them off. They may even ride too close behind them, making it challenging for truckers to see them in their blind spots. These are situations where truckers have very little control over the outcome. 

The role that truckers play 

Passenger car operators are not solely responsible for the number of truck accidents that occur on a daily basis. A good portion of them is due to trucker negligence, error, distraction and vehicle defect. Truckers are held to higher safety and operation standards. There are also other regulations that come into play that have a big impact on road safety. Those guidelines do not deter some truck operators from doing things that make the roads unsafe, such as sleeping behind the wheel, working while fatigued, drinking, eating, grooming and using cellphones. 

People who are involved accidents with commercial vehicles are able to seek compensation from the truckers, companies they work for and in some cases truck manufacturers.

During the last decade or so, there has been an increase in effort and regulations to help curb the number of truck accidents that happen in Knoxville and across the country. Although they do not happen as often as car accidents, they occur often enough for motorists to become more educated about truckers, their responsibilities and common truck accident myths that put them at risk of injury. 

According to the Insurance Institute for Highway Safety, Highway Loss Data Institute, the number of people who lost their lives in large truck accidents was 3,852 in 2015. Many people who survive in truck accidents have serious wounds. They also end up with medical bills, lost wages and other issues from their accidents. Motorists should take some time to learn about some common truck accident myths to better understand the steps they must take to improve their situations and seek compensation. 

Truckers are the safest drivers on the roads 

22 percent of truck accidents are caused by trucker error, states the GTG Technology Group. Not all truckers follow their training and traffic laws. Often, they are overworked and focused on meeting their delivery times. Many truckers make mistakes when they operate their vehicles that lead to collisions. 

Drivers are well-rested 

Truckers work long shifts and may not have time to get enough sleep before returning to work each day. Also, driving their trucks for long periods of time with few breaks in between can cause them to become tired and bored. Fatigue diminishes their driving performance, alertness and decision-making capabilities. 

Truckers do not drink 

Truckers are prohibited from using alcohol several hours before and during their shifts. The rules regarding alcohol use in the trucking industry are among the strictest in the world. Despite this, some commercial vehicle operators disregard those rules. Alcohol use leads to impairment, roll-over incidents and collisions. 

Many truck collision victims find it challenging to manage the aftermath of their accidents on their own. Some of them find it beneficial to rely on the guidance, support and resources their attorneys provide.

Any time that you find yourself next to a semi truck on the road in Tennessee, you are instantly reminded of just how much bigger than any other vehicle these big rigs really are. Regardless of whether you drive a coupe or a full-sized pickup truck, you know that if you were to be involved in a crash involving a semi truck, you would be at great risk of injury or even death simply because of the size and weight differential of your vehicles.

This is just one of the reasons that truckers have a big responsibility to operate their vehicles safely. This includes remaining alert and awake when being the wheel. The issue of fatigue among commercial truck drivers is a serious one and has actually been addressed by the Federal Motor Carrier Safety Administration in the past few years. In an effort to curb fatigue among truckers, the FMCSA instituted what it calls the Hours of Service rule.

This rule prevents a trucker from working more than 14 hours in one day and from driving more than 11 of those 14 hours in one day. It also specifies the maximum number of hours a trucker may work in a seven- or eight-day work week. When one week is over, a break lasting at least 34 hours is required before starting the next working period.

If you would like to learn more about how the FMCSA is trying to improve safety on the roads, please feel free to visit the fatigued trucker page of our Tennessee motor vehicle accident and personal injury website.

The majority of America is likely aware of the major distraction cell phones can create for drivers. Yet many do not consider that issue when applied to truck drivers — those who frequent Tennessee’s roads more than any other type of traveller. Even though they may be the most familiar with these roads, are truckers also guilty of texting and driving?

With their inevitable huge presence on roads, many might assume that truckers keep a particularly close eye on their actions while driving. However, ABC News reveals a side of truck driving that would startle most: the act of using a cell phone while operating the vehicle. Through a stream of alleged accounts in which truckers collided with other vehicles due to cell phone distractions, ABC reveals that everyday drivers are not the only ones at fault for driving distractedly. One relatively recent event in which a trucker had been looking down at his phone instead of bringing his truck to a stop led to the deaths of a Pennsylvania couple. Another in Arizona involved the death of a police officer, when a trucker was distracted by photos on his phone and slammed into police cars and emergency vehicles.

It is clear that all types of drivers are capable of operating a vehicle while distracted by cell phones. The Federal Motor Carrier Safety Administration has published rules for truck and bus drivers that prohibit them from driving under such distractions, making clear that these professions offer no exception to state law. The FMCSA reveals that texting while driving can ultimately result in driver disqualification, and that penalties can range from $2,750 for drivers and up to $11,000 for employers who allow or require drivers to use a device primarily for the purpose of texting while driving. Everyday drivers are not the only Tennesseeans guilty of texting and driving, and they are also not the only ones facing severe consequences if caught doing so.    

When it comes to truck accidents, many people in the Knoxville area believe that they are caused by distracted, fatigued and speeding truckers. Many of them do not realize that distractions and fatigue are not the only reasons commercial vehicle operators crash. Some accidents are the result of maintenance issues. In 2015, there were 3,852 truck accident fatalities, states the Insurance Institute for Highway Safety. 

Truckers are required to inspect their vehicles before and after each delivery. Their management companies must service their vehicles regularly to ensure they comply with the standards and regulations set forth by the Federal Motor Carrier Safety Administration When they overlook or ignore faulty equipment and issues that can affect their vehicles’ normal operations, they make the roads more dangerous. Here are two common truck maintenance problems that motorists should learn about. 

Excessive speeds

It is not uncommon for drivers to see pieces of blown out truck tires on the roads. Commercial vehicles are much heavier and larger than other vehicles. They use different tires which are larger and designed to provide sufficient support and traction when operators travel at certain speeds. When truckers exceed those speeds, their tires have less contact with the roads and may not stay intact. According to CBSNews.com, the maximum safe speed for commercial vehicle wheels is under 75 miles per hour.

Underinflated tires

When truck tires are underinflated, they cannot keep vehicle weight evenly distributed to proper support. Instead, they give way and explode, compromising the safety of the truck, trucker and every motorist in the vicinity. Truckers should inspect their tires before each trip to ensure they have sufficient tread, proper air pressure and are on the correct axles. 

Motorists may not be able to tell when they are driving near commercial vehicles with tire and wheel issues. They can avoid accidents with trucks by staying clear of them. They should follow all traffic rules, courtesies and avoid driving in their blind spots.

Distracted motorists are a growing concern for Knoxville truckers. Many people assume that trucks operate like passenger cars. They do not realize that these vehicles take much more work and time to operate. Sudden reductions in speed and stops often prove catastrophic. Commercial vehicles carry heavy loads and are at risk of colliding with motorists and falling over. Truck accidents are not always the fault of the operators. Sometimes, it is the motorists who are to blame. 

The upcoming solar eclipse has the trucking industry on edge. The roads are expected to be more congested than usual during the event, increasing the risk of truck accidents. Many motorists who are on the roads when it occurs may become distracted and drive erratically, too slowly and without concern for other drivers and trucker operators who are on the roads with them. Truck drivers may also become distracted. In anticipation of the event, many companies are warning their commercial rig operators to be extra diligent and cautious while driving. 

Distractions that result in less attention on the roads can lead to fatal truck and car accidents. Drivers have less time to recognize and react to dangers. They also have less time to maneuver their vehicles safely to avoid crashing. 

Dealing with the aftermath of a truck accident can be a challenge, especially when serious injuries and death are involved. Many people find it beneficial to speak with an attorney about their situations. 

Source: Local8now.com, “Truck drivers concerned for eclipse traffic,” David Ball, Aug 10, 2017

The mere thought of being involved in a collision with a truck while driving on the roads in Knoxville is frightening. When you think about how large trucks are, the weight of the loads they carry, speed and other factors, the fact that you are still alive after such an ordeal is amazing. Because of the accident, you may find yourself stressing about how you will pay your medical expenses, household bills and other financial obligations since your injuries are so severe that you cannot return to work. You may also be wondering who you can sue for compensation to help lighten the financial burden and stress you are under. 

Here is a brief overview of the different parties you may be able to file a personal injury claim against. 

The evidence determines fault

There are many factors that can have an impact on who is at fault in a truck accident. According to FindLaw, “the laws governing truckers and their conduct can be used to establish fault.” Truckers who violate them and engage in careless, reckless and other behaviors that result in accidents and injuries are liable. If the accident was the result of commercial equipment failure, negligent maintenance or other issues, you might also be able to sue the company the trucker works for, the manufacturer of their vehicle and other affiliated parties. 

Proving fault in a truck accident is not always easy. Careful consideration is given to all witness and police statements, pictures and videos of the scene and damages, medical documentation on your injuries, forensic information and other pieces of evidence. There are also requirements that are necessary to establish fault and prove your claim.

In Tennessee, the so-called ABC test is utilized for determining whether a worker is an independent contractor or employee, according to the Tennessee Department of Labor and Workforce Development. Every employer needs to know the appropriate classificatio of its workers. When they hire independent contractors, employers are usually able to reduce their expenses and taxes, and avoid liability and compliance with certain federal programs. However, the test for determining whether a worker should be classified as an employee or an independent contractor is not one of mere labelling but rather one that requires an analysis of the actual relationship between the parties, especially the degree of control exercised by the employer, as well as the manner in which services are performed.

In the trucking industry, carriers often employ drivers as independent contractors though the relationship between the parties may be better characterized as employer and employee, according to a report by Trucks.com International. For carriers, whether they purposefully treat employees as independent contractors or do so by mistake, they open themselves up to liability for past wages. But liability for wages is not the only increased risk carriers face.

When carriers control practically every aspect of drivers’ work, from schedules, to maintenance, to routes, to equipment, they are more likely to be functioning in an employer-employee relationship even though their contract with the driver is labeled something like “Independent Contractor Agreement.”

As employers, carriers assume much more risk because they can be vicariously liable for the negligent acts of drivers. Such liability they usually hope to avoid by entering into a personal services contract with an independent contractor. However, when a driver is acting in the course of employment as dictated by the carrier, on a route designated by the carrier, through the use of a vehicle maintained by the carrier, for a purpose determined by the carrier, the driver is probably an employee regardless of the stated relationship. If such a driver causes an accident resulting in damage to person or property, the carrier is more likely to be on the hook for the losses incurred because the driver is more likely to be found an employee not an independent contractor.