Trucking Collisions and Driver Error

Truck driver accidents are often much more serious from a purely cost standpoint than the average accident. Most truck driving accidents are determined to be caused by driver error. Truck driving is a hard job and many drivers become impaired because of deprivation or drugs (commonly prescription medications and alcohol). Impaired drivers often take unnecessary risks because of impaired judgement and have problems reacting to road dangers. Even sober drivers cause many accidents when they are speeding to make up time, have mechanical problems or improperly stored loads.

Victims of trucking accidents have several possible recourses. State law has specific laws regulating trucking, so someone in the state capitol like Denver car accident attorney should be consulted. These Denver personal injury attorneys specialize in state highway laws. If it turns out that the trucking company allowed a drunk, tired or incompetent driver onto government roads, then you will have a good chance at a case.

Federal and state laws regulate the amount of time drivers can be on the road in a day. Fatigue is a major cause of accidents, but truckers often get paid by the time they make and push themselves beyond the law and their own abilities. Drivers usually get a bum rap because the trucking company does not want to pay.

Studies have tried to determine the causes of driver error. Almost half of all truck accidents were caused by drivers taking some sort of drug. Speeding and fatigue account for another 40% of all accidents.

Fatigue is the most preventable cause of trucking accidents, especially because law prohibits truckers from driving all day. The first thing a good Denver car accident lawyer will check is the driver logs to see if he was going over state limits, or cooking the books to appear like he was not.

The federal hours of service rules limit truck drivers to 11 hours of driving time a day. The driver has to be off duty for 10 consecutive hours before they can start a shift. Other obscure laws regulate whether the driver can take off after a certain number of hours a week. So the first step a personal injury lawyer should take is to determine if the driver violated the hours of service. Drivers must keep accurate logs. If the logs are inaccurate, the next step your Denver car accident lawyer can take is to review trip tickets and unloading bill time stamps.

If the company allows the driver fudge the books, the trucking company exposes themselves to a much larger lawsuit. Drug use is also heavily regulated. Truckers can only take prescription drugs if prescribed by a doctor who is familiar with the driver and his duties. Truck drivers must pass drug tests at the time of their employment and after any accidents.

Drivers may not use any controlled substances, unless prescribed by a licensed physician who is familiar with the driver's medical history and assigned duties and has determined that the drug use will not adversely affect the driver's ability to safely operate a commercial motor vehicle.

Other common causes of accidents that indicate truck liability are:

Failure to maintain blind spots:
The no zone is an area next to the truck outside of the driver's view. Drivers unaware of the no zones commonly have accidents.

There are many other accidents that can be caused by driver error. A car accident lawyer is the first place you should go to determine this. Many errors that seemingly have no evidence are actually recorded by high tech devices like gps tracking devices that may shed some light on the cause of the accident.