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I. Truck Accidents
Every day in the United States people are injured or killed in trucking accidents. Statistically one out of every nine traffic fatalities involves a trucking accident. Another stunning fact is that most people killed in accidents involving trucks are in other vehicles. It is not surprising that federal law requires commercial carriers traveling interstate commerce to carry large amounts of liability insurance. And, transporting hazardous material requires even higher insurance limits.
Trucks have more rules to comply with when on the road then a car. Trucks are regulated by the Federal Motor Carrier Safety Regulations. Truckers are required to know the regulations. If a trucker violates the regulations that violation can be the basis of a lawsuit. The regulations require logs and documents be kept by the drivers. These documents are obtained and preserved immediately when our firm accepts a case.
Another major factor to consider in a trucking accident is the proper parties in a lawsuit. Not only do you sue the driver and the employer, but you may consider the company that loaded the truck, the maintenance staff or other key players.
Many factors should be considered when investigating a trucking accident. The most common reasons for truckers to be held at responsible in a truck accident include:
- Shifting Load
- Defective Brakes
- Too much weight
- Poor training or lack of road experience
- Driving in poor weather conditions such as rain, snow, or fog
- Tired or sleepy driver
- Driving under the influence of drugs, alcohol, or prescription medication
- Hiring an unqualified employee or one with a poor driving history
- Driving too fast for conditions
- Failure to have proper lighting on truck
- Failure to yield right of way
II. Black Boxes
Although terminology varies, the National Highway Traffic Safety Administration (NHTSA) refers to the devices commonly called black boxes or event data recorders (EDR). Sometimes manufacturers refer to them as crash data recorders (CDR). The recorder will trigger when preset physical conditions nearing those sufficient for the airbag to deploy are met. Extraction of the data after the event can be time sensitive.
If an airbag deploys, the unit will trigger and capture data. Thus, if the unit is to be in place when the vehicle is repaired, measures must be taken to collect and preserve the unit and its data. Sometimes the unit may be activated despite the fact that an airbag was not deployed. Data also may be erased after some many engine ignition cycles so that it is important to retrieve the black box before the ignition cycle deletes the information.
Additionally, the information recording in the black box may vary from manufacturer to manufacturer. Also, some are more advanced than others.
Some of the data that is captured on the black box could include lateral acceleration, longitude of acceleration, vertical acceleration, deceleration, heading, vehicle speed, engine speed, seatbelt status, braking input status, steering input, gear selection, turn signal status, brake signal status, head and tail light status, hazard light status, brake system status, ABS status, stability control status, environmental conditions, cruise control status, airbag deployment time.
In order to analyze the black box information properly requires the assistance of an expert familiar with the product. This could be an accident reconstruction expert or trucking industry expert.
Trucking accidents continue to be a large part of the law practice of Gerald R. Stahl. Every year the law firm of Gerald R. Stahl handles commercial motor vehicle crashes resulting in serious injuries and fatalities.
The Law Offices of Gerald R. Stahl has handled numerous trucking accidents for victims and worked with trucking experts throughout the United States.
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