Trucking Accidents

By law, trucking companies are required to hire and train safe, qualified drivers.  When they fail to do so, they become liable for any trucking accident that occurs as a result.

 

There are many forms of negligence on the part of the trucking company  regarding its commercial truck drivers: negligent hiring, negligent supervision, and negligent training, including actions such as:

• Hiring drivers without a valid commercial license (CDL)
• Failing to perform a background check into a driver’s safety record
• Not requiring drug and alcohol testing
• Failure to fire a driver when he/she fails a drug test
• Not providing proper training to drivers
• Forcing employees to drive more hours in a day than permitted by law
• Failing to enforce disciplinary action when truck drivers violate regulations 

Through the Federal Motor Carrier Safety Administration (FMCSA), trucking companies must follow specific guidelines aimed at ensuring the safety of all motorists.  For example, a truck driver must have a valid commercial license and drivers must undergo random drug and alcohol testing.  When trucking companies are careless or in a hurry to fill vacant truck driver positions, they may overlook background checks or rush through training in an attempt to satisfy commitments to their customers.

 

When an inexperienced or unqualified driver causes a serious accident, the trucking company is responsible.  Safe driving requires a comprehensive safety program with regular review and updates.  Many trucking companies do not treat their drivers properly or give them the tools to operate a tractor trailer safely, or recognize the tough job a trucker has.

 

If you have been injured in a truck accident caused by the negligence of the truck driver or trucking company, you may be able to obtain compensation for your injuries.  It is important to contact an who understands how to acquire and analyze employee records and training records from the trucking company, including hiring records, dates of employment, training records and other relevant evidence. If you have been involved in an accident with a truck/tractor-trailer , call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.

Drowsy Driving

Sleepiness causes more than 5,500 traffic deaths a year and is a factor in nearly 17 percent of all fatal crashes, according to a new analysis of federal data.

The AAA Foundation for Traffic Safety of the National Highway Traffic Safety Administration (NHTSA) released data from 1999 through 2008 which found a much higher prevalence of drowsy driving in deadly crashes than earlier studies.  A 1994 study found it was a factor in 3.6 percent of fatal crashes, and the NHTSA has said it played a role in crashes 2-3 percent each year.

AAA Foundation researchers determined the higher crash rate by extrapolating from crashes in which drowsy driving was confirmed as the cause to reach what they say is a more accurate estimate.  Its analysis included a survey that found that 41 percent of drivers admitted to having fallen asleep behind the wheel at some point, and one in 10 drivers said they had done so in the past year.

According to the National Sleep Foundation, some warning signs that you are too tired to drive are if you have difficulty focusing, frequent blinking and/or heavy eyelids, trouble keeping your head up, drifting from your lane, inability to remember the last few miles or yawning repeatedly.

If you have been involved in an auto accident  in Cincinnati or Northern Kentucky and feel you need legal representation, call me,  Christopher L. Jackson, Attorney at Law, at (859) 261-1111.