Categories
Truck Accidents

Who is liable: the trucker or the carrier?

Say that you are traveling along one of the roads in or around Knoxville, and you are suddenly struck by a large semi-truck. You or your passengers, and given the massive size of the vehicle that struck you, there is likely significant damage to your own car. Suddenly, you are looking at medical expenses and repair costs which could easily exceed your auto insurance coverage limits. You may be left with little choice but to seek compensation. The question is who is responsible: the truck driver or the company he or she works for?

If he or she states that he or she is an independent contractor, you have your answer: liability lies solely with the driver. The same is true if the driver was off duty and was driving around looking for a bite to eat or a place to rest after having completed a route. In such a scenario, it may be difficult to argue that he or she was acting as an agent of his or her employer.

There is a legal concept that does allow vicarious liability to be assigned in such accidents, however. It is known as “respondeat superior.” According to the Legal Information Institute, states that an employer can be held liable for the actions of an employee that are done during the execution of his or her job responsibilities. Revisiting your truck accident, if the trucker was in the course of completing a delivery, such action qualifies as fulfilling this duties of his or her employment. Thus, in this situation, you may be able to hold his or her carrier responsible. Primary responsibility may still reside with the trucker, yet at least you know there is another potential source of compensation for you to pursue. 

Categories
Truck Accidents

Understanding mechanical failures in truck accidents

When people in Tennessee read about truck accidents, they usually do not think about all of the factors involved in driving a semitruck. While many people might think that negligence is usually involved in these accidents, there are times when mechanical failures play a role.

As in other industries, truck drivers are expected to adhere to certain safety standards. The Department of Transportation says that before beginning a day’s drive and after they finish, truckers must go through a checklist to catch mechanical failures before they occur. The brakes, coupling devices and tires are some of the parts checked each day; the list also includes parts such as sliding locks and the horn. While some people may think that these parts do not need to be checked twice a day, proper maintenance is crucial to maintaining the safety of the trucker and other drivers on the road.

Even with such rigorous testing, there are times when these parts may experience mechanical failure and cause an accident on the road. According to CrashForensics.com, one of these is brake failure. However, a complete breakdown of a braking system is rare. When braking system deficiencies occur, they can cause an accident if a driver needs to stop or slow down suddenly on the road.

If a truck driver is in an accident because the brakes did not respond properly, some truckers might think something is wrong with the entire braking system. However, most of the time braking deficiencies are problems with one part. A truck’s brakes may be misadjusted or the brake calipers might stick. There may also be oil in the braking system.

Categories
Truck Accidents

Lowered BAC limits attempt to prevent truck accidents

Sometimes, the biggest danger on Tennessee roads can be the other drivers traveling around you. This can be especially true if those vehicles are large trucks. If you are involved in an accident with semi-trucks and other large vehicles, their increased size and weight can mean more serious injuries and fatalities. To keep this from happening, lawmakers have created stricter laws for truck drivers to follow. We at Pryor, Priest and Harber have experience representing drivers who have had collisions with large trucks and can help you receive the compensation you deserve.

 

One of the most common factors in car accidents is alcohol. In an effort to prevent these accidents from occurring with large trucks, officials at the Federal Motor Carrier Safety Administration have decreased the blood alcohol concentration that truck drivers are allowed to have. While other drivers are still within legal boundaries with a BAC of 0.08 percent, truck drivers must keep their levels below 0.04 percent to legally drive.

 

The penalties that truck drivers will face if they do not follow this rule are severe. A single DUI citation can mean a loss of both commercial and non-commercial licenses, jail time or a fine. This can mean that commercial drivers will not be able to operate their truck and will may lose their ability to work. Employers must also be notified of any traffic violations within 30 days, and many do not employ drivers with citations for drunk driving.

 

This law aims to reduce the chances that a large truck will be involved in a collision with a smaller vehicle and prevent the damage that can follow. For more information on this topic, please visit our web page.

Categories
Truck Accidents

Sharing the road with trucks and commercial vehicles

A booming economy means there is no shortage of trucks and commercial vehicles on the roads in Knoxville. According to the Federal Motor Carrier Safety Administration, there are more than 12 million commercial trucks on the roads across the country. Many commercial vehicle operators drive for several hours at a time before stopping for breaks. Some of them speed and engage in careless driving behaviors to meet deadlines. These factors and more are the cause of truck accidents, fatalities and injuries. 

Motorists should utilize the following suggestions so they can share the road with truckers and commercial vehicle operators safely. 

Follow at a safe distance 

Semi-trucks, big rigs and commercial vehicles are harder to maneuver than passenger cars. They require more stopping time and space. Motorists who follow these vehicles too closely do not have enough time and space to avoid collisions when truckers make sudden stops and reductions in speed. 

Stay aware of no pass zones 

Trucks and commercial vehicles have blind spots where the operators cannot see anything, even when their mirrors are in the right positions. These areas are located on the sides and in the rear of their vehicles. If “motorists cannot see truck drivers in their side view mirrors, then they should assume that the operators cannot see them,” states the AARP. You should stay as far from away as possible from the no pass zones/blind spots of trucks.

Do not drive distracted 

Distractions are a leading cause of accidents for all vehicle groups. Motorists should pay careful attention to the roads and the drivers around them. They should limit their distractions so they can properly respond to the actions of other motorists, including truckers and commercial vehicle operators. 

Truck accidents are happening more often on the roads. But motorists who drive defensively and give special consideration to commercial truck operators can reduce their chances of being involved in truck and motor vehicle crashes.

Categories
Truck Accidents

Common factors that lead to truck accidents: Part 1

Motorists should make themselves aware of the dangers they face and create when they are on the roads with truckers in Knoxville. According to the Insurance Institute for Highway Safety, Highway Loss Data Institute, in 2015, approximately 3,852 people were killed in truck collisions.

Not giving trucks enough stopping space

Many car drivers speed and cut truckers off not realizing the risks of their actions. Trucks need more stopping room than other types of vehicles. Truckers cannot simply slam on the brakes to come to complete stops to avoid accidents. Doing so can cause them to rollover. The weight of their trucks and cargos often causes their vehicles to keep moving forward for several feet after braking. Motorists should follow and pass in front of trucks at safer distances, so truckers have sufficient stopping time to prevent accidents.

Blind spots

Many trucks and big rigs have blind spots. These blind spots make it virtually impossible for truckers to see other motorists even when their side view and rearview mirrors are properly adjusted. Drivers should stay aware of their vehicles position and the blind spots of trucks. Drivers should practice caution when driving near trucks and passing them. Motorists should avoid passing and driving along the sides of trucks if they are in their blind spots, states the Federal Motor Carrier Safely Administration. Drivers should also keep in mind that the bigger the truck, the bigger its blind spots are.

Truck accidents often happen. But some of those incidents are not due to trucker error. Some accidents are the result of carelessness from other drivers.

Categories
Truck Accidents

Intoxicated truckers

The number of truck drivers on the roads in Knoxville is growing every day. Because of the type of vehicles they drive and their job responsibilities, truck drivers are held to higher standards in regards to drug and alcohol use. Studies show that intoxicated truckers are one of the most dangerous types of motorists to avoid. Truck drivers cause accidents that result in catastrophic injuries for victims and long-term pain and suffering for their families.

According to Rueters.com, many big rig operators resort to using narcotics, alcohol and other substances so they can perform their jobs. Many truckers have long routes and work long hours. Some of them work for smaller companies that do not provide much flexibility or work life balance to their drivers. Truckers who use drugs, alcohol and other substances to stay awake so they can perform their jobs are not as predictable as other truck drivers. Their disregard for company policies and the law causes them to endanger other motorists who are on the roads with them.

Accidents involving regular vehicle operators and truckers are often serious. Cars are much smaller than trucks. Trucks require more stopping distance and have significantly more impact. Truck accidents are responsible for more than 100,000 injuries each year, states CNBC.com. These accidents are the result of many factors, including trucker intoxication.

There are laws and regulations in place to help deter the number of intoxicated truckers on the roads. But until better preventative measures, testing procedures and technology are in place, motorists should watch the roads for intoxicated truckers and avoid them at all costs.

Categories
Truck Accidents

What truckers can do to avoid fatigued driving

It is becoming more common every day for motorists to see truck accidents on the streets in Knoxville. According to Insurance Institute for Highway Safety, Highway Loss Data Institute, in 2015, the number of deaths from that occurred from this type of accident was 3,852. Many of those accidents took place on locally and altered the lives of everyone who was involved. People who operate semi-trailers and commercial trucks should exercise extreme caution when they drive. There are actions that commercial vehicle drivers can take to reduce their chances of truck accidents when they are too tired to drive.

Get some rest

One of the most important things that truckers can do to prevent fatigued driving is to get enough sleep at night. The human body requires a certain amount of sleep in order for it to function normally. Truck drivers who are not well-rested before going to work are more likely to commit driving mistakes that put innocent lives at risk.

Pull over to the side of the road

Sometimes becoming tired is inevitable for some truckers. When this occurs, they should carefully pull their vehicles over to the side of the roads, park them and take a nap. It is better for drivers to lose some driving time than it is for them to risk getting into accidents with other motorists, states Bay & Bay Transportation News.

Truck drivers usual have deadlines and delivery quotas to make. Their jobs require them to transport shipments and payloads long distances, often times from state to state. The long hours can become boring and dulling to the senses, causing some truckers to become drowsy and fatigued before they come close to their destinations. Commercial vehicle operators who prepare themselves before they start driving and take appropriate actions while working can significantly minimize their risk of truck accidents.

Categories
Truck Accidents

How to avoid getting in an accident with a truck

The sheer number of truck drivers on the roads is increasing every day. According to State Farm, these people log over 288 billion miles each year. Knoxville motorists who share the streets with truckers who spend long hours on the roads are at risk of collisions that can alter the course of their lives forever. To prevent this from happening, motorists should take preventative measures.

Understand the factors that increase accident risk

Drivers should understand that their cars are much smaller than most commercial vehicles. Trucks are much heavier and require more skill to navigate as well. They also have blind spots that make it difficult for operators to see on the sides of them, states ConsumerAffairs. Motorists should exercise concern when driving near trucks and avoid cutting them off and allow a greater stopping distance.

Monitor road conditions

Roads that are under construction and are affected by inclement weather conditions are often just as challenging for truckers to navigate as they are for regular motorists. Car drivers should pay attention to the roads and everything in their driving fields so they can avoid low visibility areas that make driving more difficult. Wet, snowy and icy weather conditions can also increase the likelihood of truck drivers encountering problems with steering their vehicles and trying to overcompensate with their driving maneuvers.

Aggressive driving

Many truckers are just as guilty of aggressive driving as regular motorists. Drivers should watch for commercial vehicles that weave in and out of traffic, speed, brake suddenly and tailgate so they can avoid them.

Remain predictable

Drivers of regular cars and motorcycles that make sudden and unpredictable driving maneuvers can cause truckers to make bad driving judgments that ultimately result in collisions. Motorists should practice safe driving behaviors and use their turn signals when necessary to inform truckers of their intent.

There are other actions motorists can take to keep themselves safe from truckers on the roads. By driving defensively and with respect to the sheer nature and size of these vehicles, regular drivers can avoid collisions with truckers.

 

 

 

Categories
Truck Accidents

Truckers and road rage

Road rage is an everyday occurrence on the roads in Knoxville. As prevalent as road raging passenger car drivers are, more awareness should be given to road raging truckers. People who drive semi-trucks, big rigs and other types of commercial vehicles are just as likely to drive aggressively as other motorists. When accidents occur, the consequences are more serious for everyone who is on the roads with them.

According to Sewell Motor Express, 66 percent of trucking accidents occur during the daytime; 78 percent of commercial vehicle collisions happen on the weekends. These accidents are not caused by driver error, vehicle failure and driver fatigue alone. Many of them involve road raging drivers. Truckers are human and just like every other motorist, they are trying to reach their destinations.

Common reasons for rage

“Men are more inclined to drive aggressively than women drivers,” states Big City Driver. Truckers are under a great deal of stress to complete their jobs and may act out by exhibiting bad driving behaviors. They may throw things around inside their vehicle cabins or out the windows when other motorists pull in front of them or resort to screaming and yelling obscenities at others. They may even engage in tailgating and turning closely to other vehicles to intimidate other drivers.

Avoiding road raging truckers

Drivers can avoid road raging commercial vehicle drivers by monitoring their actions. They should look for truck operators who are speeding, driving aggressively and making sudden stops and dangerous turns. They should also avoid getting into confrontations with these professionals and tailgating their vehicles.

Road rage truck accidents are preventable. Drivers should never underestimate the intentions of another driver, nor should they ignore their actions.

Categories
Truck Accidents

Common causes of truck accidents

Commercial truck accidents are on the rise in Knoxville. These are many reasons why these types of accidents take place. According to CNBC, in 2012, there were 10,659,380 trucks on the roads. The amount of commercial vehicles that were equipped with safety technology was almost 10 percent. The number of injuries that were sustained from truck accidents was more than 284.

Trucker fatigue

Many truckers driver for many hours without rest. They are tired and fatigued which makes them less alert. Sleep deprivation has caused many truckers to make driving errors that result in collisions with other motorists resulting in injuries, deaths and significant property loss.

Speed

Truckers who speed create unsafe driving conditions for other drivers, especially if there are poor weather conditions. Many truckers are under pressure to make deliveries by a certain time. The risk of collisions and fatalities are double for truckers who drive over 45 mph, states Science Daily.

Other motorists

Some people who drive passenger cars fail to give commercial vehicle operators enough driving space. They become aggressive when they see these vehicles and attempt to outmaneuver them by speeding to jump in front of them, not allowing them to get over and by trailing too closely behind them. What they fail to realize is that trucks have blind spots. They also require more stopping time because of their large sizes and cargo loads. Truckers cannot make sudden stops. When they do, the motion can cause their vehicles to jackknife, turn and move in unwanted and unexpected directions and even tip and roll over. This affects the safety of every motorist that is in close vicinity to those vehicles.

There are many factors that can affect a trucker’s ability to safely drive their vehicle. Motorists should be respectful of these drivers, know their limitations and plan their driving actions accordingly to avoid accidents with them.