Car Accidents


Placing the Blame on Truck Drivers in the Event of Truck Accidents

There are more than 15 million trucks operating in the U.S.; about two million of these are semi-trucks, also called big rigs or 18-wheelers. Due to their very large size and very heavy weight, these can cause major property damage and serious or fatal injuries in the event of accidents. For this reason, the federal government requires that those who will operate a truck should have a commercial driver’s license (CDL), which they can earn after going through a special training and education, and a series of tests that deal with the proper operation and handling of this types of vehicle.

Thus, as pointed out and emphasized by the law firm Karlin, Fleisher & Falkenberg, LLC, drivers of semi-trucks, have greater responsibility on the road than drivers of other types of motor vehicles because if an accident were to occur, great damage and serious injury would likely result. Unfortunately, despite the great responsibility which they fully know they should display, some truck drivers are negligent and drive irresponsibly. However, in spite of the threats of trucks due to their huge size and the irresponsible behavior of some drivers, truck operation will continue to go on due to the major contribution this make in the notion’s economy.

Once a driver earns a CDL, he/she and his/her employer are expected to comply with all federal laws enforced by the Federal Motor Carrier Safety Administration (FMCSA) and Department of Transportation. A few of these laws, which are meant to ensure the safe operation of trucks and the avoidance of road crashes, require:

– Maintenance and regular check of trucks;
– Use of parts, such as tires and brakes, that pass the quality standard set by the FMCSA and the National Highway Traffic Safety Administration (NHTSA) ;
– Strict observance of the hours of service, which is the maximum number or hours drivers are allowed to drive, and the required number of hours of rest;

Despite all the laws, yearly rate of truck accidents remain at 500,000. These accidents result to more than 100,000 injuries and at least, 4,000 deaths. Many studies show that majority of truck accidents can be blamed on drivers of smaller vehicles most of the time; however, this finding is contrary to the findings of the FMCSA, which say that no less than 90% of accidents are the fault of truck drivers.

Contributing factors to truck accidents include driver fatigue, impairment due to alcohol, prescription drugs or illegal drugs, driving too fast despite poor weather or road condition, not being familiar with the road or the truck, inattention and driving distractions, improper way of attaching the trailer, improper loading of cargo, failure to double-check blind spots, and failure to ensure that the brakes are in good working condition.

Truck accidents are more numerous in some states due to the presence of many more trucks in these locations. In the state of Texas, for instance, Dallas truck accident attorneys of The Benton Law Firm confirm that the number of truck accidents have suddenly increased over the recent years due to the recent oil boom which has resulted to more 18-wheelers on the road.

Truck accidents, far more than any other type of automotive accident, can result to catastrophic or fatal injuries, causing many families to face devastating consequences. This is why it is often possible for those who have been injured or killed in a truck accident to take legal action against the party responsible for their suffering.

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The Dram Shop Act: Making Irresponsible Hosts and Business Establishments Equally Accountable for Alcohol-related Accidents, Injuries and Deaths

The Centers for Disease Control and Prevention (CDC) records show that in 2013, more than 1.1 million alcohol-impaired drivers were arrested and charged with driving under the influence (DUI). During the previous year, a study revealed that the number of those who drove while under the influence of alcohol was 29.1 million. Drunk driving is a major in the U.S. and in all the other parts of the world. This is despite the continuous education and warnings to drivers about the dangers of drinking and driving. Thus, since the early part of the 1900s up to this time, many people drive while impaired and a lot of those who do this cause accidents where they injure or kill not only innocent people on the road (other motorists, pedestrians and bicyclists) but also themselves.

Stricter anti-drunk driving laws today do not just require apprehension of adult drivers (aged 21 years old or above) whose blood alcohol concentration (BAC) level is 0.08% or above, but also of teen drivers (those below 21 years old) if any alcohol is ever traced in their blood or breath.

As explained by West Palm Beach car accident lawyers, once a driver reaches the legal limit of consumption, critical motor functions become impaired and the driver is thus unable to safely operate his/her vehicle to the best of his or her abilities. Thus, besides arresting alcohol-impaired drivers themselves, business establishments and certain individuals can now be held answerable too for certain accidents that are alcohol-related. The legal responsibility of business establishments and certain individuals is rooted on the stipulations of the Dram Shop Act. According to the law firm Habush Habush & Rottier S.C.®, the Dram Shop Act is a law which can make a host or a business establishment (including a restaurant, a bar, or a tavern where alcoholic drinks are sold) accountable for any injuries or damages an intoxicated person causes, but only if such host or establishment still offers or sells alcoholic drinks to such person who is already intoxicated. Civil liability extends to anyone the intoxicated person injures or kills.

Currently, the states of Delaware, Kansas, Louisiana, Maryland, Nebraska, Nevada, South Dakota, and
Virginia do not have dram shop liability.

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