Tustin Truck Accident Lawyer
The skilled Bisnar Chase Tustin Truck Accident Lawyers have been helping aid clients win millions in compensation for the past 40 years. Fatigued and distracted driving is a serious problem for all motorists, but truck drivers who work beyond the federally mandated hours of service are operating large and dangerous vehicles that can do great damage. Truck accidents can cause severe injuries and can even cost a driver or pedestrian their life. Survivors can be left with a substantial amount of medical bills and lost wages. If you or someone you know has experienced serious injuries from a truck accident the Tustin truck accident attorneys of Bisnar Chase are here to relieve some of the pain and suffering of the collision. Call 949-203-3814 and receive a free consultation today.
The Danger of Drowsy Driving
There are several reasons why there are federal regulations that limit the number of hours that a truck driver can work without rest.
First, as is true in all workplaces, it is important to restrict the ability of an employer to overwork their employees. Secondly, drivers who work longer than is allowed under the law are more likely to become drowsy.
The U.S. Department of Transportation issued a report stating that in 2012 3,887 people were killed in truck accidents. It also noted that in one year 13 percent of truck drivers in big rig accidents were sleep deprived.
The National Highway Traffic Safety Administration (NHTSA) released the following data on the dangers of drowsy driving:
- Over a five-year period, 198,708 people were killed in truck accidents.
- Of those accidents, 4,430 were a direct result of drowsy driving.
- In those drowsy driving accidents, 4,432 drivers were killed and 5,021 people were killed.
3 Prevalent Truck Defects
Unfortunately broken equipment is not something that is uncommon in semi-trucks. Plenty of truck companies neglect to maintain a well-functioning vehicle for their drivers. Below are the average issues with machinery that often lead to many becoming accident victims.
- 1. Brake Complications: The average big rig weighs up to 80,000 pounds, that is 20 more times than the typical Sudan. If it is necessary for a truck to brake immediately the amount of weight can be too much to handle. If a brake is overused constantly it can damage the brakes and more then likely lead to an accident.
- 2. Tire Issues: When a tire does not obtain the standard quality and depth it is probable that it is in violation of FMSCA regulations. Instead of purchasing new tires, to save on costs, most trucking companies re-tread or re-cap their tires. If a tire is constantly re-treaded and contains insufficient tire wear this could lead to the tire heating up and shedding easily.
- 3. Cargo Shift: Even though this is not in any relation to the quality of the equipment, cargo that is not evenly loaded can be problematic. If the cargo is not properly distributed then when a driver turns it can cause a commercial truck to tip over.
Since truck drivers often cross multiple state lines, there are federal regulations that control how long a truck driver can work without rest.
The Federal Motor Carrier Safety Administration (FMSCA), which monitors commercial vehicles such as trucks and buses, enforces the following restrictions with regard to how much rest drivers should get between shifts:
- Property carrying commercial drivers may work for 11 hours after 10 consecutive hours off duty
- May not drive beyond the 14th consecutive hour after coming on duty, following a 10-hour rest period
- Drivers are not allowed to drive after 60/70 hours on duty in 7/8 consecutive days. A driver may begin a 7/8 period after taking 34 or more consecutive hours off duty
Proving that a truck driver was speeding or under the influence is often relatively easier than proving that the driver was drowsy. A skilled injury lawyer can review the police report and the driver log to see if the truck driver was violating federal hours-of-service regulations.
A knowledgeable Tustin truck accident attorney will also look into whether the company has had a history of encouraging drivers to falsify these logs in order to meet unrealistic delivery deadlines.
The lawyers at Bisnar Chase have a long and successful track record of helping victims who have been involved in a truck accident obtain maximum compensation for their tremendous losses.
Please contact us at 949-203-3814 to schedule your free, comprehensive consultation.
Bisnar Chase Personal Injury Attorneys
1301 Dove St. #120
Newport Beach, CA 92660