Sunday, November 4, 2012

Texas Trucking Accidents

The City of Houston has a huge number of 18-wheelers on its roadways each year and is considered one of the busiest thoroughfares in the United States as well as a primary shipping route. The Houston metro area, with its over three million residents, sees traffic of all types at all hours of the day. Factoring in the commercial truck traffic from the surrounding petrochemical areas as well as the number of big rigs from out-of-state traveling through the Houston area it’s almost a given that trucking accidents will happen. Since statistics show that a full 25% of all trucking accidents, nationwide, occur during Interstate travel, when combined with all other factors it is easy to see that the Houston area has the dubious distinction of being at the top of the list for cities with commercial truck accidents and fatalities.

Houston Trucking Accident Statistics

In 2008, 421 fatalities involving 18-wheelers occurred in the Houston area and though that figure was down in 2010, with 284 fatal accidents involving commercial trucks, these numbers nonetheless remain alarming. There were 3,675 trucking-related deaths across the United States in 2010 meaning the Houston area accounted for approximately one-twelfth of all those fatalities. Aside from the tragic truck fatalities, 2010 brought over 15,000 crashes involving large commercial trucks to the City of Houston with at least fifteen percent of those causing serious injury. When you consider the sheer bulk and weight of a large commercial truck you can see that in the event of a truck collision with a smaller vehicle the passengers in the vehicle will be at a definite disadvantage.

Factors in Trucking Accidents in Texas

While there are many individual factors involved in any traffic collision, some of the most common contributing factors to large commercial truck crashes include fatigue, inattention, aggressive or reckless driving, excessive speed, pressure from employers to deliver loads, roadway unfamiliarity, illegal driving maneuvers, poorly secured cargo, traffic congestion, failure of brakes or tires, and use of alcohol, prescription drugs or street drugs. One-fifth of all trucking accidents in Texas are rear collisions while two-thirds of Texas trucking accidents involve a front-end collision between a large commercial truck and a passenger vehicle. Further, large trucks have major blind spots in several areas. When passenger vehicles are unaware of these blind spots or when they drive too closely behind or in front of a large truck, tragedy can result.

The Results of an Inexperienced Driver

An inexperienced truck driver can be the cause of serious accidents and injuries on Houston’s roadways. While truckers go through training prior to getting behind the wheel of an 18-wheeler, many of them nonetheless are not sufficiently trained or experienced when they take to the road. When an accident is obviously due to inexperience on the part of the truck driver an 18-wheeler accident lawyer will search for those signs of lack of experience. Inclement weather might have been a factor with a driver who had not driven a large truck long enough to understand how the truck handles on slick roads. An inexperienced driver might also disregard the safety of those around him and engage in excessive speeds in order to get his load delivered. Although trucking companies are required to perform comprehensive background checks on new hires “corner-cutting” is notorious in the industry as a whole, leading to drivers on the road who perhaps should not be.

Mechanical Defects as a Cause of Trucking Accidents

One out of every four large commercial trucks was found, upon inspection, to be so mechanically deficient that it was illegal for them to be on the roadways at all. When fully loaded a truck and trailer combo can weigh as much as 80,000 pounds. This extreme weight and size of a loaded truck means that brake failure or a tire blowout can be deadly. While rare, brakes have been known to fail completely when heavy loads place an inordinate strain on the truck’s braking system. Should a truck driver be unable to avoid an unexpected road hazard, poorly maintained brakes can mean the difference between a relatively minor accident and a potentially fatal one. Should the driver of a passenger vehicle unexpectedly apply their brakes while in front of a large commercial truck, the truck may be unable to come to a halt and can potentially jackknife, causing other vehicles to collide as well.

Poorly Secured Cargo as a Cause of Trucking Accidents

Trucks frequently carry top-heavy loads which can shift, causing the truck to turn over when the truck rounds a curve, spilling the cargo across the roadway and leading to accidents. Trucks which carry liquids—tankers—often carry hazardous liquids which can slosh back and forth and should the driver be forced to stop suddenly, the liquid can push forward violently, leading to a potentially fatal accident. In one instance a truck driver was carrying a load of phone books which had not been properly strapped down. When the driver made a quick lane change on a busy city roadway the phone books shifted and spilled out into traffic, causing multiple accidents.

Truck Driver Fatigue and Altered Log Books

Research shows that the risk of a truck driver causing an accident more than doubles once they have been behind the wheel of the truck for more than eight hours. Some drivers resort to using methamphetamines simply to stay awake and alert although that habit has equally dangerous consequences. The Federal Motor Carrier Safety Administration has imposed stricter regulations over the past year or so, but in truth there are still plenty of fatigued truck drivers traveling on the same roads as the rest of us. While truckers have been required to use logbooks since the 1930’s in order to record miles driven and stay in compliance with government regulations it is not unheard of that logbooks are frequently “fudged.”

Truck drivers are paid only for the time they are actually behind the wheel, traveling down the road. Because of this, truckers are under incredible pressure, both for the paycheck and from their employer—to drive past the hours allowed. Hours of Service rules mandate that drivers shall not drive for longer than eleven hours at a time, yet many drivers simply maintain two sets of logbooks to circumvent these rules: one with their actual hours and one that will pass inspection should their logbooks be inspected. Digital logbooks have been proposed and because these logs would link with GPS systems, cheating on the hours driven would be virtually impossible. The Owner-Operator Independent Drivers Association which represents individual drivers and smaller trucking companies have claimed that digital logs are unconstitutional, violating the Fourth Amendment rights of truckers.

Due to the fact that Houston is a sprawling urban zone full of traffic—including 18-wheelers—it means than many Houston residents will eventually require assistance from a Houston truck injury lawyer. Trucking accidents can be very complex to litigate since there may be a variety of individuals and entities that can be held liable. A truck accident lawyer who understands federal regulations and has experience with trucking accidents can gather all the necessary facts and ensure you have the full protection of the law behind you.

Author: Sullo & Sullo Attorneys

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