Who is At Fault in Most Semi-Truck Accidents?

Are Drivers and Trucking Companies Equally Responsible?

The majority of trucking accidents that occur in this country are the fault of the truck drivers themselves. According to the NTSB, 62% of all truck accidents are the result of truck driver error and driving management. When commercial trucks are involved in a crash, the accident is much more complicated than an automobile accident because several parties may be involved. The trucking company that owns the truck, the company driver or independent truck driver hired to drive the rig, all might have responsibilities when accidents occur. The trucking company might also be at fault in an accident when driver fatigue is involved. Even a commercial tire company or manufacturer could potentially be held accountable, if a product defect can be proven to have contributed to the accident.

At Terrell Hogan we are experts at handling commercial truck and semi-truck accidents where injuries are involved. We have been doing just that successfully since 1974. Hiring an experienced trucking accident attorney might make the difference in receiving fair and just compensation for your injuries. We have the legal knowledge, experience and resources to thoroughly investigate a serious truck accident and determine what damages should be sought. Don’t put your yourself or your loved ones further at risk, by hiring an inexperienced or large, quick to settle legal firm interested more in turning over cases, than getting you the maximum award you deserve for your injuries.

Truck Drivers Working Conditions That Can Contribute to The Crash

Fatigued Truck Drivers Major Factor in Trucking Accidents

Truck drivers are required by law to maintain accurate logbooks, keeping track of the number of hours spent on duty. Daily and weekly limits are set on the number of hours a truck driver can be on the highway because truck driver fatigue is one of the leading causes of trucking accidents. Mandatory break times per driving session, time-off periods, and a regulated sleep schedules are also established to reduce fatigue time to ensure driver safety.

Truck Driver Guidelines

Truck drivers, because of their responsibility of operating a commercial vehicle on a thoroughfare, are held to a very high standard of accountability when involved in a crash. Truck drivers must have specialized training and meet numerous requirements while operating their vehicle. They are held to ridged standards of defensive driving and must learn how to operate their rigs in all kinds of road conditions and weather. Commercial truck drivers must be 21 years of age, complete a medical exam, pass a safety exam, read and speak English and know how to load and unload their vehicle safely.  Commercial truck drivers must also obtain a Commercial Driver’s License (CDL) in their home state, and it must be the truck driver’s only license. Truck drivers are subjected to numerous inspections, certifications, and must pass random controlled substance and alcohol tests.

Trucking Company Requirements

Due to the laws and regulations governing trucking companies, truck drivers are sometimes less liable in an accident than the trucking companies themselves.  Truck companies are required to closely monitor their employees’ hours of operation, physical fitness, licensing qualifications, and must participate in government-monitored programs to ensure that their truck drivers are not substance abusers of drugs or alcohol. Trucking companies must regularly inspect and repair their vehicles in accordance with federal standards and guidelines. Trucks must also be properly maintained in sound mechanical condition, be within certain weight-size limits, be properly marked with identification numbers, and carry proper permits. Trucking companies must also know what cargo they are transporting, and ensure proper loading and weight requirements are adhered to for the type of truck being used.

Trucking Accidents and Victim’s Compensation

Federal laws require that all truck drivers and trucking companies carry a minimum level of accident insurance in the event they are involved in a trucking accident. Victims are entitled to fair compensation for their injuries and property loss sustained in a trucking accident.

If you or a loved one have been injured in a trucking accident you need to seek the legal advice of an experienced truck accident and injury law firm. At Terrell Hogan we have been helping injured truck accident victims and their families for over 50 years. A knowledgeable trucking accident attorney can help identify which laws a driver or company have violated by obtaining evidence that proves a violation has occurred. Our attorneys can obtain the driver’s logbook, performing an independent inspection of the vehicle for defects or mechanical issues, identify load requirements, assess the vehicle damages and have access to various databases, checking that the truck driver’s permits and qualifications are up to date.

Why Hire Terrell Hogan as Your Trucking Accident Law Firm?

Federal Regulations and the Trucking Industry

The United States trucking industry is today one of the most important and regulated industries in this country, transporting over 70% of our nations goods. As the economy strengthens and more goods and services are required to meet the increased demand, the trucking industry will be called upon to increase its role in providing for the needs of the country.

Consequently, more trucks and commercial carriers being added to an already crowded transportation system means the increased potential of more accidents occurring, with more injured and fatalities. Though crucial to the growth of our economy, this increased trucking capacity comes with a price. With more than 4,000 people involved in fatal truck accidents each year, that number is expected to increase as more and more truck enter our highways. Jacksonville and the surrounding areas with the I-10 and I-95 corridors are major thoroughfares bringing in more and more trucks and commercial vehicles each day. We are also a metropolitan area with more than a million inhabitants whose chief mode of transportation is an automobile. If a commercial truck or semi-truck is involved in an accident with a passenger car, the extent of damage to life and limb could be catastrophic.

The federal standards and regulations can be found under title 49, Code of Federal Regulations, Motor Carriers, parts 350-400.  Most states, including Florida have adopted the federal standards regarding the trucking industry and when accidents occur any violations of these rules makes a case of negligence easier to obtain.

Terrell Hogan is a knowledgeable and experienced truck accident and injury law firm with over 50 years of handling truck accident cases. If you or a loved one have been injured in a truck accident, give us a call at 904-722-2228.

There are no fees or costs unless we win money for you. Our consultations and case evaluations are always free and our firm handles only injury and accident cases…


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About The Author

Laura Hack

Laura Hack

Laura Hack is a paralegal with Terrell • Hogan. She has been with the firm since 1996 and has worked primarily for Wayne Hogan. She is an experienced Paralegal with 30+ years of working in the law practice industry. Skilled in Appeals, Civil Trial Litigation Support, Torts, Trial Practice, and Pleadings.