18 Wheeler Crashes
Crashes involving 18-wheelers are usually devastating. With vast regulations, navigating the complexities of an 18-wheeler crash can be a challenging experience. Competent professional legal assistance is critical in these situations. At Perkins & Perkins, we bring years of experience to the table to help you secure the justice and compensation you deserve.
Lawyers For Truck Accidents in Corpus Christi
18-wheelers, also known as semi-trucks or tractor-trailers, play a vital role in the transportation industry, but also pose significant risks. It is not unusual for these trucks, consisting of a cab (tractor) and a trailer, to weigh upwards of 80,000 pounds when fully loaded. Given the immense size and weight of 18-wheelers, collisions involving them frequently have severe consequences for those involved. Unfortunately, it is not uncommon for injuries sustained in these crashes to be life-altering or even fatal.
Free Consultation With Perkins & Perkins
Perkins & Perkins offers free consultations and operates on a contingency fee basis for injury cases. This means that you pay nothing unless we recover damages for you. With our proven knowledge and experience, we stand ready to help you. Contact us today for a consultation to discuss your options and take the first step in claiming justice for a loved one.
Why 18 Wheeler Crashes are Different from Other Accidents
Size and Weight of 18 Wheelers
18 wheelers, also known as semi-trucks or tractor-trailers, are significantly larger and heavier than typical passenger vehicles. An average 18 wheeler can weigh up to 80,000 pounds when fully loaded, compared to the average passenger vehicle, which weighs around 3,000 to 4,000 pounds. This massive size and weight difference results in:
- Greater Impact Force: In a collision, the immense weight of an 18 wheeler generates a much greater impact force than a car, leading to more severe damage and catastrophic injuries.
- Longer Stopping Distances: Due to their weight, 18 wheelers require a much longer distance to come to a complete stop. This increased stopping distance can lead to accidents, especially in sudden stop situations or adverse weather conditions.
- Reduced Maneuverability: The sheer size of these trucks makes them less maneuverable than smaller vehicles. Sharp turns, lane changes, and navigating through traffic can be challenging, increasing the risk of accidents.
Federal and State Regulations
18 wheelers are subject to a complex web of federal and state regulations designed to ensure the safety of both truck drivers and other road users. Key regulations include:
- Hours of Service (HOS) Regulations: These federal regulations, enforced by the Federal Motor Carrier Safety Administration (FMCSA), limit the number of hours a truck driver can be on duty and driving. These rules are in place to prevent driver fatigue, a leading cause of truck accidents. Drivers are required to take regular breaks and maintain logs of their hours.
- Vehicle Maintenance Standards: Both federal and state regulations mandate regular maintenance and inspections of commercial trucks. These standards ensure that trucks are in safe operating condition and help prevent accidents caused by mechanical failures, such as brake or tire issues.
- Load Limits and Cargo Securement: Regulations also dictate the maximum weight that a truck can carry and how cargo must be secured. Overloaded trucks or improperly secured cargo can lead to accidents. For example, shifting cargo can affect a truck’s stability and handling, making it more susceptible to roll overs.
- Drug and Alcohol Testing: Truck drivers are subject to strict drug and alcohol testing regulations. These tests help to ensure that drivers are not operating vehicles under the influence, which can significantly impair their ability to drive safely.
Common Causes of 18 Wheeler Accidents
Accidents involving 18 wheelers can occur for various reasons. Some of the most common causes include:
Driver Fatigue
Despite regulations, truck drivers often face tight delivery schedules, leading to long hours on the road with insufficient rest. Fatigue impairs reaction times and decision-making abilities, increasing the likelihood of accidents.
Distracted Driving
Distractions such as using a cell phone, eating, or adjusting the GPS can take a driver’s attention away from the road. Given the size and weight of 18 wheelers, even a momentary distraction can have disastrous consequences.
Poor Vehicle Maintenance
Regular maintenance is crucial for the safe operation of 18 wheelers. Neglecting maintenance can result in mechanical failures, such as brake or tire blowouts, which can cause serious accidents.
Overloaded Trucks
Exceeding weight limits can strain a truck’s braking system and affect its stability, making it more prone to accidents. Overloaded trucks are also harder to control and take longer to stop.
Weather Conditions
Adverse weather conditions like rain, snow, ice, or fog can make driving hazardous. Large trucks are particularly susceptible to losing control in poor weather due to their size and weight. Reduced visibility and slippery roads can lead to accidents.
Inadequate Training:
Operating an 18 wheeler requires specialized skills and training. Inadequately trained drivers may lack the necessary skills to handle such large vehicles safely, increasing the risk of accidents.
Understanding these unique aspects of 18 wheeler crashes underscores the importance of seeking experienced legal representation if you are involved in such an accident. Perkins & Perkins has the expertise and dedication needed to navigate the complexities of these cases and to fight for the justice and compensation you deserve.
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Liability in 18 Wheeler Crashes
Determining Liability
Determining liability in 18 wheeler crashes is a complex process that requires a thorough investigation and understanding of the various factors that can contribute to an accident. Here are the key steps involved in establishing liability:
Accident Investigation:
- Police Reports: Obtain and review the police report, which includes details of the crash, witness statements, and any citations issued at the scene.
- Scene Examination: Analyze the accident scene, looking at skid marks, vehicle positions, and road conditions to reconstruct how the crash occurred.
- Vehicle Inspection: Examine the 18 wheeler and any other involved vehicles for mechanical failures or maintenance issues that could have contributed to the accident.
- Electronic Logging Devices (ELDs): Review data from the truck’s ELDs to check for compliance with hours of service regulations and detect any signs of driver fatigue or violations.
Gathering Evidence:
- Driver Logs: Inspect the truck driver’s logs for hours of service compliance, rest breaks, and potential violations.
- Maintenance Records: Review maintenance and repair records for the 18 wheeler to identify any neglected mechanical issues that might have led to the crash.
- Witness Statements: Collect statements from witnesses who observed the accident or can provide information about the truck’s operation prior to the crash.
- Expert Analysis: Engage accident reconstruction experts, mechanical engineers, and other specialists to analyze the evidence and provide expert opinions on the cause of the crash.
Identifying Responsible Parties:
- Truck Driver: If the driver’s negligence, such as speeding, distracted driving, driving under the influence, fatigue, or other forms of reckless or negligent behavior contributed to the accident, they could be held liable.
- Companies are often liable for the actions of their employees. The trucking company may also be independently liable for several other reasons:
- Negligent Hiring or Training: If the company hired unqualified drivers or failed to provide adequate training.
- Negligent Supervision: If the company failed to properly supervise the actions of its drivers, or encouraged or required drivers to violate hours of service regulations or other safety rules.
- Truck Owner: If the truck is owned by a party other than the trucking company, for example when the truck is leased or rented, the owner might be liable for inadequate maintenance or other safety issues, such as inadequate truck maintenance.
- Cargo Loaders: If improper loading or securing of cargo contributed to the accident, the individuals or company responsible for loading the truck could be held liable.
- Vehicle and Parts Manufacturers: Manufacturers of the truck or its parts, such as brakes or tires, may be liable if a defect contributed to the accident. This includes defects in design, manufacturing, or failure to warn about potential hazards.
- Other Drivers: In some cases, another vehicle’s actions may have caused the 18 wheeler to crash. If another driver’s negligence led to the accident, they could be held responsible. In other situations, parties such as maintenance providers, or even governmental entities and road builders responsible for designing and constructing the road maybe held liable if they were improperly built.
Comparative Negligence:
- Texas follows a comparative negligence system, which means that liability can be shared among multiple parties. Each party’s responsibility for the accident is assessed, and damages are allocated accordingly. If you are found partially at fault, your compensation may be reduced by your percentage of fault. However, if you are more than 50% at fault, you may not be able to recover damages.
Potential Defendants: Seeking Justice with a Lawyer for 18 Wheeler Accidents in Corpus Christi
Understanding who could be held responsible in an 18 wheeler crash involves examining all potential defendants, which may include:
- The Truck Driver: The driver can be held accountable for their direct actions, such as speeding, driving under the influence, or other forms of reckless or negligent behavior.
- The Trucking Company: Companies are often liable for the actions of their employees. They can also be held responsible for issues such as poor hiring practices, inadequate training, and maintenance failures.
- The Owner of the Truck: In cases where the truck is leased or rented, the owner of the vehicle may be liable for ensuring the truck’s maintenance and compliance with safety standards.
- The Cargo Company: If improper loading or securing of the cargo led to the accident, the company responsible for loading the truck could be held liable.
- Manufacturers: Manufacturers of the truck or its parts may be liable if a defect contributed to the accident. This includes defects in design, manufacturing, or failure to warn about potential hazards.
- Other Third Parties: Depending on the circumstances, other parties such as maintenance providers, other drivers, or even governmental entities responsible for road conditions might be held liable.
