Truck accidents are a serious problem on our roads. The sheer size and weight of these massive vehicles mean catastrophic results after a collision.
As experienced truck accident attorneys, we've seen firsthand the impact these incidents can have on victims and their families. The overwhelming physical, emotional, and financial toll can leave many unsure of where to turn for help.
That's where we come in. At Frankl Kominsky, our dedicated team of legal professionals is committed to fighting for the rights of truck accident victims. We understand the unique challenges these cases present, and we have the knowledge and resources necessary to help our clients pursue the compensation they deserve.
If you or a loved one has suffered a truck accident, don't hesitate to reach out to us for guidance. We're here to listen to your story, answer your questions, and provide the support you need during this difficult time.
Contact Frankl Kominsky today at (561) 800-8000 for your free, no-obligation consultation with one of our compassionate truck accident attorneys.
Driver-Related Causes
Fatigue
Truck drivers often face demanding schedules that require them to drive for extended periods. Fatigue significantly impairs a driver’s reaction time, decision-making ability, and overall awareness.
Despite regulations mandating rest periods, some drivers ignore these rules due to tight deadlines or pressure from employers. According to the FMCSA, driver fatigue contributes to many truck accidents each year.
Distracted Driving
Distractions are a significant cause of truck accidents. Common distractions include texting, using a cell phone, adjusting the radio, eating, or even daydreaming.
Given the size and weight of trucks, even a momentary lapse in attention can lead to severe consequences. Distracted driving is particularly dangerous for truck drivers, as they require more time and distance to stop or change direction compared to smaller vehicles.
Driving Under the Influence
Despite stringent regulations, some truck drivers operate their vehicles under the influence of alcohol or drugs. This impairment drastically reduces their ability to make sound judgments and react promptly to road conditions.
FMCSA has strict guidelines for commercial drivers, with a lower blood alcohol content (BAC) limit than for regular drivers, but violations still occur. Driving under the influence remains a significant factor in many truck accidents.
Speeding
Speeding is another major cause of truck accidents. Trucks require longer distances to stop due to their mass, and high speeds exacerbate this issue. Speeding reduces a driver’s ability to react to sudden changes in traffic conditions, making collisions more likely.
High-speed truck accidents often result in more severe damage and injuries due to the increased force of impact.
Reckless Driving
Reckless driving includes behaviors such as tailgating, unsafe lane changes, ignoring traffic signals, and aggressive driving. These actions create hazardous conditions for other road users.
Truck drivers engaging in reckless driving put themselves and others at significant risk, as the sheer size and weight of their vehicles amplify the consequences of such behavior.
Vehicle-Related Causes
Poor Vehicle Maintenance
Regular maintenance is crucial for ensuring the safety and functionality of trucks. However, some trucking companies or drivers neglect routine checks and necessary repairs, leading to mechanical failures.
Common maintenance-related issues include brake problems, tire blowouts, and engine malfunctions. Brake problems are particularly dangerous, as they can prevent the truck from stopping in time to avoid a collision.
A study by FMCSA found that brake-related issues were a factor in many truck accidents.
Improperly Loaded Cargo
Proper loading of cargo is essential to maintaining the stability of a truck. Incorrect loading can cause cargo to shift during transit, leading to rollovers or loss of control.
Overloading a truck makes it harder to maneuver and increases the risk of accidents. Additionally, poorly secured cargo can fall off the truck, creating hazards for other road users.
The responsibility for proper loading typically falls on the trucking company or the driver, depending on the circumstances.
Equipment Failure
Equipment failure encompasses various mechanical issues that can cause a truck to malfunction. This includes failures in critical systems such as brakes, steering, and engine components.
Regular inspections and maintenance are vital to identifying and fixing potential problems before they lead to accidents. Equipment failure can result from manufacturing defects or lack of proper maintenance, and it often leads to severe accidents due to the truck's inability to perform essential functions like braking or steering.
Environmental and External Causes
Poor Road Conditions
Potholes, loose gravel, and lack of proper signage can create hazardous driving conditions, especially for large trucks. Poorly maintained roads can cause drivers to lose control, leading to accidents.
Construction zones, with their narrow lanes and unexpected detours, also pose significant risks. Government entities are responsible for maintaining safe roadways, but negligence in this duty can result in dangerous conditions that contribute to truck accidents.
Adverse Weather Conditions
Adverse weather conditions such as rain, snow, fog, and ice reduce visibility and road traction, making it difficult for truck drivers to control their vehicles. Heavy rain can lead to hydroplaning, while ice and snow can make roads slippery.
Due to their size and weight, trucks are particularly susceptible to these conditions, requiring longer stopping distances and making them prone to skidding or jackknifing.
Unrealistic Time Constraints
Trucking companies often impose tight schedules and unrealistic delivery times on their drivers. This pressure can lead to speeding, insufficient rest, and overall unsafe driving practices.
Drivers may feel compelled to drive longer hours or at higher speeds than is safe, increasing the likelihood of accidents. The commercial pressure to deliver goods quickly can compromise driver safety and contribute to fatigue and reckless driving.
Inadequate Training
Inadequate training is a significant factor in truck accidents. Proper training equips drivers with the skills needed to handle large vehicles safely and respond effectively to road conditions and emergencies.
Unfortunately, some drivers lack sufficient training in defensive driving, cargo handling, and vehicle maintenance. Inexperienced drivers are more likely to make errors that lead to accidents, such as improper braking or mishandling of the truck during adverse weather conditions.
Types of Truck Accidents
Jackknife Accidents
Jackknife accidents occur when a truck's trailer swings out to form a 90-degree angle with the cab, resembling a folding pocket knife. This typically happens due to sudden braking or slippery road conditions.
Jackknife accidents can block multiple lanes of traffic and often lead to multi-vehicle collisions. Preventing jackknife accidents requires proper brake maintenance and careful driving in adverse weather conditions.
Rollover Accidents
Rollover accidents happen when a truck tips over onto its side or roof. Trucks have a high center of gravity, making them susceptible to rollovers, especially when taking sharp turns or swerving to avoid obstacles. Improperly loaded cargo and high speeds also increase the risk of rollovers. These accidents are particularly dangerous due to the potential for crushing smaller vehicles and causing severe injuries.
Rear-End Collisions
Rear-end collisions involve a truck hitting the back of another vehicle. Due to their size and weight, trucks require a longer distance to stop. Rear-end collisions often occur when a truck cannot stop in time to avoid slower traffic.
These accidents can be severe, causing significant damage and injuries to the occupants of the smaller vehicle. Maintaining a safe following distance and adhering to speed limits are crucial in preventing rear-end collisions.
Underride Accidents
Underride accidents occur when a smaller vehicle slides under the trailer of a truck. These accidents are often fatal due to the height difference between the truck and the smaller vehicle.
Underride guards, which are metal bars installed on the lower part of the trailer, can help prevent such accidents by stopping vehicles from sliding underneath. These guards do not always work, highlighting the need for stricter safety standards and regulations.
Truck Accident Statistics in Florida
According to data gathered from the FLHSMV Crash Dashboard:
- Total Crashes: Florida reported 391,428 traffic crashes in one recent year, with truck accidents being a notable portion of these incidents.
- Fatal Crashes: In one recent year, there were 3,118 fatal crashes, a slight decrease from 3,327 in the previous year.
- Injuries: Truck accidents contributed to the 250,037 total injuries reported in traffic incidents throughout the state.
How a Truck Accident Lawyer Can Help
Identifying Liable Parties
Truck accidents often involve multiple parties, each of whom may bear some responsibility for the incident.
Potentially liable parties include:
- Truck Drivers: Responsible for operating the vehicle safely and adhering to traffic laws and regulations.
- Trucking Companies: Accountable for hiring qualified drivers, maintaining vehicles, and ensuring compliance with safety regulations.
- Manufacturers: Liable for any defects in the truck or its components that may have contributed to the accident.
- Maintenance Providers: Responsible for properly servicing and maintaining the truck to prevent mechanical failures.
An attorney can identify all liable parties to ensure comprehensive compensation.
Investigating the Accident
A thorough investigation is essential to determine the causes and contributing factors of a truck accident.
This process typically involves:
- Collecting Evidence: Gathering police reports, witness statements, and photographic evidence from the accident scene.
- Examining the Truck: Inspecting the vehicle for mechanical issues, maintenance records, and any signs of improper loading.
- Analyzing Driver Records: Reviewing the driver’s logbooks, rest periods, and any records of traffic violations or substance use.
Lawyers can thoroughly investigate the accident scene, gather evidence, and reconstruct the events leading up to the crash to determine liability. This is a lot of work, so it’s best to leave this process up to a professional while you focus on recovery.
Navigating Regulations
Trucking is a heavily regulated industry with stringent federal and state laws. These regulations cover driver qualifications, hours of service (HOS), vehicle maintenance, and cargo loading. An experienced attorney will be well-versed in these laws and can use them to build a strong case for the victim.
Handling Insurance Companies
Insurance companies often attempt to minimize payouts to accident victims. A truck accident lawyer can negotiate with insurers on behalf of the victim to ensure they receive fair compensation for their injuries, property damage, and other losses. This process involves:
- Calculating Damages: Assessing the full extent of the victim’s losses, including medical expenses, lost wages, pain and suffering, and future care needs.
- Negotiating Settlements: Discussions with insurance adjusters to reach a fair settlement that covers all the victim’s damages.
Litigating Your Case
If all parties cannot reach a fair settlement, a truck accident lawyer can take the case to court. This involves:
- Filing a Lawsuit: Preparing and filing legal documents to initiate a lawsuit against the responsible parties.
- Representing the Victim in Court: Presenting evidence, questioning witnesses, and making legal arguments to a judge or jury.
- Securing Compensation: Seeking a court judgment that awards the victim the compensation they deserve for their injuries and losses.
Get Justice
Our team of seasoned attorneys has a deep understanding of the complexities surrounding truck accidents in South Florida. We're not intimidated by big trucking companies or their insurers—we're energized by the challenge of fighting for your rights.
We've built our reputation on results, not promises. Our track record speaks volumes about our commitment to securing maximum compensation for our clients.
Don't let the aftermath of a truck accident define your future. Let Frankl Kominsky Injury Lawyers redefine it. We're ready to listen to your story, explain your options, and chart a course toward the compensation you deserve.
The road to recovery starts with a single step. Take it today by contacting Frankl Kominsky Injury Lawyers at (561) 800-8000 for a free consultation. Your journey to justice is our mission.