In February of 2018, I attended a continuing legal education course focusing on representing clients in trucking accident cases. I like to stay up to date on the latest information in the areas in which I practice, including trucking accident cases. This seminar was very informative and reminded me of some bigger truths in these cases.
Tractor trailer accidents are not like simple car crash cases. Trucks-whether tractor trailer semi –trucks or bigger delivery trucks, operate in a heavily regulated environment. So, even though a truck accident may involve the truck driver failing to follow a simple rule of the road, often there are trucking company level reasons as to why the truck accident occurred.
Pressure on the Driver Cause Tractor Trailer Accidents
In Michigan, semis account for 12 percent of all deadly crashes in the state. During the holidays, the rush of deliveries increases semi-truck traffic on snowy highways. In December, on I-94 in Southwest Michigan, 10 of the 12 drivers ticketed in a 32-vehicle crash were truck drivers. Police said the semi drivers, like many other motorists, “were going too fast for road conditions”.
In a recent interview in the Herald Palladium, Walt Heinritzi, executive director of the Michigan Trucking Association, said “truckers are required to deliver their loads on time and in a safe manner”.
Additionally, Heinritzi said the industry is facing a shortage of drivers due to an aging population and increased demand in trucking services.
Retired semi-driver, Ray Cooper said the qualifications to drive are not strict enough. ‘With the large carriers, if you get your CDL (commercial driver’s license) you’ve got a job,’ he said.
Tractor Trailer Trucking Accidents Can be Avoided
When trucking companies follow the rules, accidents can be avoided, lives can be saved, and injuries can be prevented. Keeping a sleepy truck driver off the road lies squarely at the feet of the trucking company employing the driver. Also, keeping an unqualified driver off the road is the responsibility of the trucking company that employs the truck driver. Everyone believes that trucks must be maintained and be free from mechanical and braking defects. And the responsibility is on the trucking company to place safe tractor-trailers and qualified, healthy truck drivers as well, on the highways of South Carolina and the entire United States.
In the immediate aftermath of a trucking accident, the true cause of a trucking accident may not be readily apparent. So, it takes investigating on the part of the lawyer representing the injured person to find out what happened before the accident occurred. First, we look at the driver’s history and safety record. Secondly, we review history and safety record of the trucking company. After all, they are the ones who put the driver and the truck on the road to begin with.
Liability of the Trucking Companies
Federal regulations require trucking companies to keep safety records, inspections, driver logs, and the driver’s employment file-but only for a certain period of time. So it must be requested early on – immediately after an accident – that the trucking company save the driver’s qualification files, the truck safety inspections records and other relevant, pertinent records in the possession of the truck company. These records contain vital evidence as to very important safety information.
Holding trucking companies accountable for their bad safety decisions makes safe roads on which our families can travel. A deep and thorough investigation must be performed in order to determine the trucking company’s role in the trucking accident.
If you have been involved in an accident involving a tractor trailer or semi-truck, contact our offices. We can help you through this difficult journey. We will make sure that you get the most compensation that is due to you. Our number is 864-235-4999. Call today!