Trucking Cases / 18 Wheeler Accident Attorneys
Tennessee Semi-Truck Crash
Lawyers
Highway safety is an issue of great concern to most residents of
Tennessee. In addition to personal injury and auto accident cases, our
lawyers also handle accident cases involving trucking
safety and trucking accidents. Semi truck and eighteen wheeler accidents
present unique issues not necessarily associated with a typical motor
vehicle accident. These differences include:
·
Greater likelihood of serious injuries or deaths
·
Negligent hiring and supervision claims
·
Negligent maintenance claims
·
Unique insurance coverage issues
·
Governmental regulation
·
Trucking records and Logs
With the explosion of trucks on
Tennessee
highways, accidents between cars, motorcycles, and semi-trailer trucks
are on the rise. Truck accidents often occur when trucks are traveling
in an unsafe manner or are loaded in an unsafe manner, causing injuries
to other drivers.
The Federal Highway Administration (FHWA) was formed in the early
1980’s in an effort to curb the unacceptable number of fatal truck
accidents occurring on highways in
Tennessee
and across the nation.
Laws were enacted that prohibited truck drivers from having more
than one license. By 1992, truck drivers were required to meet minimum
national standards in order to operate a tractor trailer. Once a driver
met these standards, he was issued a Commercial Driver's License (
CDL).
Today, to help reduce fatal
Tennessee
truck accidents, each truck driver is required to be licensed in his
state of principal residence with his driving record kept in a
centralized computer for access by each state.
The new laws also required each state to adopt uniform testing
standards for commercial drivers prior to being licensed. A
CDL is
required to operate the following vehicles:
-
any combination of
vehicles with a gross combination weight rating (GCWR) of 26,001 or
more pounds, providing the GVWR of the vehicle being towed is in
excess of 10,000 pounds;
-
any vehicle,
regardless of size, designed to transport 16 or more persons,
including the driver; and
any vehicle required by federal regulations to be placarded while
transporting hazardous materials.
However, the following vehicle operators are NOT required to obtain
a
CDL:
-
farm equipment
operators;
-
vehicles used to
transport farm products, equipment or supplies to and from a farm;
-
vehicles used
within 150 air miles of a farm;
-
vehicles not used
in operations of a contract carrier; and
-
firefighting
equipment operators, military vehicle operators, and recreational
vehicle operators, if the vehicle is primarily used for personal
use.
For certain vehicles, special endorsements are required. There are
five possible
CDL endorsements and one restriction, which
require testing.
1. double/triple tractor trailers
2. passenger vehicles
3. tank vehicles
4. semi trucks carrying hazardous materials
5. combination tank and hazardous materials
6. vehicles with air brakes
Causes of Semi Truck Accidents
The Federal Motor Carrier Safety Act (FMCSA), considered the
driving force behind the regulation of the trucking industry to reduce
truck accidents,
covers issues such as driver qualifications, emergency equipment, safe
loading, alcohol and drug usage and a number of other factors. Some of
the most common causes of trucking accidents include:
-
Lack of training
-
Overloaded trucks
-
Oversized trucks
-
Brake
failure/defect
-
Poor driving
conditions
-
Driver
inexperience
-
Fatigue
-
Speeding
-
Running off the
road
-
Failure to yield
the right of way
-
Aggressive driving
behavior
-
Driving under the
influence of drugs and/or alcohol
-
Dangerous or
reckless driving
-
Mechanical failure
If you are injured or suffer a loss in a trucking accident, do not
turn to the defendant’s insurance company for help. The insurance
company will attempt to settle your claim as quickly as possible before
you have a chance to consult an experienced trucking accident attorney.
You should never sign documents or agree to a settlement without first
consulting an experienced
Tennessee
truck accident lawyer. We will aggressively protect your rights if you
have been injured in a trucking accident.
We understand the unique legal and practical problems associated
with 18 wheeler accidents and other truck crashes and have experience
dealing with the issues that arise in such cases. Our goals include
protecting the individual where litigation is necessary, but also
providing resources to help educate the public when injuries are caused
by the negligence or carelessness of trucking companies, in hopes of
increasing road safety. Contact us today for further information. We
offer free initial consultations and work on a
contingent fee basis, which means that there is no fee unless we
successfully resolve your case.
For immediate assistance, call us toll-free at
1-877-871-4097. |