Semi Truck Accident Lawyers – Tennessee
An improper cargo load is a common cause for fatal 18 wheeler accidents on Tennessee roads. Loads that are unbalanced, overweight, or shift in transit can cause a semi truck to loose control.
Loading the Truck
A truck driver is responsible for the load that he is transporting. Correct truck loading is very important for the safety of the driver and the other vehicles on the road. The result of a load shift or load loss can be a serious or even fatal semi truck accident.
To avoid potential semi truck accidents, a truck driver must have knowledge of the cargo, the cargo weight, optimum placement of the load, and confirmation the load is secure. The cargo must be inspected by the truck driver during the pre-trip inspection.
It is only when the load is sealed and the truck driver has been instructed not to open the seal, that he isnt required to make that inspection.
OverweightCargo
Federal, state, and local regulations govern the weight of commercial vehicles. They address the gross commercial vehicle weight, gross combination weight, the axle weight, and tire load.
The weight must be balanced properly so that one axle or a set of axles are not overloaded.
The problem with overloading a vehicle is that it can affect its steering and braking leading to potential fatal truck accidents. An overloaded vehicle takes longer to stop. They also go slower on upgrades and faster on downgrades. When the brakes of an overloaded truck are forced to work too hard, they can fail and result in a semi truck accident in Tennessee.
Truck accidents are often cause for litigation. It is wise to contact an experienced semi truck accident attorney if you have been injured by a semi truck, or a loved one has been injured or killed in an 18 wheeler accident. The attorneys at 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. 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.
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Tennessee 18 Wheeler Accident Attorneys
Truck drivers are required to maintain a driver’s log and perform a pre-trip inspection of their rig. The driver is allowed to dispose of that log after a certain period of time. It is important to contact an attorney immediately after an accident so that the driver’s logs can be obtained. Along with police reports and eyewitness accounts, the driver’s log is often a crucial piece of evidence in a semi-truck accident case.
The pre-trip inspection is a systematic check of the tractor-trailer’s parts and systems that must be done before every trip or the start of the driver’s day. FMCSR 392.7 governs this.
The driver begins the pre-trip by reviewing any previous vehicle inspection reports. If anything was marked for repair, the driver should then double-check to see that it was in fact repaired to help avoid a future Tennessee truck accident.
The driver is responsible to confirm that the truck is in safe operating condition and that all defects or deficiencies listed by a previous report have been satisfied or repaired.
Upon approaching the truck, the truck driver should check the overall condition of the semi-truck or tractor-trailer for any damage. For example, if the vehicle is leaning to one side, there may be a suspension problem or a flat tire that may lead to a fatal Tennessee semi-truck accident or injury. The driver should also check underneath the vehicle for signs of fresh oil, coolant, grease or fuel leaks. Additionally, the truck driver should observe the area around the vehicle for hazards dangerous to the movement of the vehicle. For example, objects, low hanging wires, and any other impediment to the safe movement of the truck.
After a truck accident, it is critical to contact an attorney immediately. The attorney will establish contact with the investigating authorities, who often will do accident reconstructions. Driver logbooks may provide evidence of maintenance and repairs, as well as the driver’s schedule. The log will often indicate what mistakes the driver made that led up to the truck 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. 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.
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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:
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.
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