Millions of trucker’s representatives of thousands of trucking companies and industries are on the roadways every day with the intent of transporting goods nationwide. Depending on a truck’s figuration and cargo, the weight of an average truck can vary from 30,000 pounds to a whopping 80,000 at the legal limit, sometimes 20-30 times the weight of the average automobile. If truck drivers aren’t careful, they can create huge problems on the road for themselves, and other vehicles involved.
According to the U.S. Department of Transportation, on average about 130,000 accidents occur every year, and about 98% of all semi accidents involves an injury or a death. Such high accident rates are what deemed truck drivers to have the most deadly occupation this year, according to an ABC news article. With their heavy loads, long trailers, and lengthy trips, it’s imperative that trucks be driven cautiously and carefully to avoid potential accidents.
However, several findings have revealed that truckers who get in accidents with passenger vehicles (cars, SUVs etc.) aren’t the ones who usually suffer from injuries or fatalities. According to a report from the National Highway Traffic Safety Administration, approximately 33,000 people died last year in accidents involving at least one large truck, and the percent of accident occurrences is consistently rising. Although truck drivers only make up 10% of the total miles travelled nationwide, they are involved in a disproportional amount of accidents, making up one eighth of all traffic accidents and one quarter of all accidents in work zones.
Negligence: Often the Causes of Semi Accidents
Every accident caused over the roadways is complex and unique. Various factors influence how an accident occurs. The explanations for why semi accidents happen the way they do are endless, especially in circumstances with a large truck involved. A study conducted by the Federal Motor Carrier Safety Administration collected data that examined every element of almost 1,000 accidents involving at least one large truck for approximately three years. The administration concluded that most times accidents were caused by driver negligence, not uncontrollable elements. Traffic flow interruption, unfamiliarity with the roadway, prescription drug use, failing to stop, and brake problems were some of the most common factors.
Fatigue is a pertinent factor in semi accidents. Long haul drivers normally travel lengthy distances to transport goods to distribution companies, which can lead to them becoming tired over the road. The FMCSA has revised their hours of service policy several times throughout the years in hopes of decreasing accident rates. The most recent change was implemented a few years ago, requiring that drivers can only drive a maximum of 70 hours per week, contrasting the previous maximum of 82 hours a week. The policy also requires that drivers are to take a 30 minute break between the first 8 hours of their shift, and that they are only permitted to drive 11 hours per day. Any violation of these policies ultimately results in paying several fines. But, since most trucking companies pay by the mile, drivers are tempted to ditch bedtime and put in extra hours for a larger pay check. Fatigue has detrimental effects on a driver’s reactions times and overall performance on the roadways. Most people can’t properly assess just how tired they are and end up swerving between lanes, stopping too late, or nodding off while driving.
It’s a requirement that drivers obtain their Commercial Driver’s License before getting behind the wheel of a semi. Drivers are drilled with the information needed to be safe driver on the road and are required to pass a knowledge test to legally drive a large truck. Assessing the weight of a trailer and how long it might take a truck to stop is imperative. The miscalculation between when a driver hits their brake and when a truck actually stops is one of the leading causes of semi accidents.
Semi Accident Injuries
Since trucks are the largest vehicle on the road, they have the ability to inflict severe damage to victims of an accident. Even if victims survive, they end up with injuries that have lasting effects on their quality of life. Some of the most common injuries inflicted are head injuries, paralysis, broken bones, spinal injuries, and brain damage. Also, the psychological effects of enduring such a traumatic event can cause victims to feel anxious, paranoid, depressed or cause other types of mental health issues.
Lawsuits and Liability in St. Louis
If you’ve been involved in an semi accident, it’s important that you act fast. Every state has a statute of limitations law that gives citizens a restricted amount of time to file a lawsuit. Missouri statutes differentiate accidents that result in solely injury and accidents that result in fatalities. The Missouri Revised Statutes section 541.07 reads that any individuals planning to file a lawsuit regarding a large truck accident must do so within five years of the accident date. Lawsuits regarding fatal accidents must be filed within three years of the date of death.
In the state of Missouri, there is no limit to the amount of money you can be compensated for a semi-truck accident. If a truck driver fails to meet the legal responsibilities required, you have leverage in a suit by proof of negligence. However, deciding whether the driver is at fault or whether the employer should provide compensation can be tricky. Generally, an employer can be liable for the actions of an employee if the employee was acting in under the scope of his or her employment. The driver may be liable if he/she intentionally hit you or was doing something they aren’t supposed to be doing on duty when the accident occurred. They also may be liable if they’ve been employed as independent contractors.
If you or someone you know has been injured in a semi-truck accident, talking to an experienced personal injury lawyer would be in your best interest. The Dysart Law Firm is dedicated to making sure you get the compensation you deserve. Contact our office today for a private consultation.