Most commercial trucking accidents are the unfortunate result of irresponsible driving habits. Speeding and reckless driving are two of the more common types of irresponsible driving habits that can potentially lead to a commercial trucking accident. Truck drivers must maintain safe speeds in order to remain in control of their vehicles, some of which can have a gross weight of 80,000 pounds. Speeding can cause a driver to lose control of his or her vehicle and cause a commercial trucking accident.
Alcohol usage is another cause for irresponsible driving. It is illegal to operate any motor vehicle while under the influence of alcohol. Truck drivers who disregard this law jeopardize their life and the lives of those on the road. Drivers are representatives of their employers, and as such, the employers are liable for any injuries that may occur due to commercial trucking accidents. Employers have a responsibility to ensure that drivers do not drink alcohol and drive the company vehicles.
Truck drivers spend so much time on the road that they invariably lose focus at one point or another. It is for this reason that the Federal Motor Carrier Safety Administration (FMSCA) regulates truck drivers, prohibiting them from driving for more than 10 consecutive hours. Unfortunately, FMSCA regulations can do little to prevent certain irresponsible driving habits.
The FMSCA regulates the maximum allowable weight of a truck and its corresponding load. The heavier a truck is, the more difficult it can be to control. If a driver has to respond quickly to something on the road, it can be nearly impossible if the truck's weight exceeds FMSCA regulation.
In accordance with the FMSCA, the max gross vehicle weight cannot exceed 80,000 pounds. Similarly, maximum gross weight on any one axle cannot exceed 20,000 pounds and maximum gross weight on tandem axles cannot exceed 34,000 pounds.
Trucking companies are constantly looking for ways to transport as much material as they can at any one time. As such, it is not uncommon that trucks are overloaded in an effort to save/make more money. Highways will commonly have a variety of scale checkpoints at which trucks are routinely weighed so as to determine whether or not their load falls within the regulated weight limit. If a person is injured in a commercial trucking accident due to excessive weight, then the owner of the truck may be liable for those injuries.
Not only is the overall weight of commercial truck important, but also how the weight is distributed. It is important for the safe operation of a vehicle that the weight be distributed so as not to cause the vehicle to tilt or to pull one way or another. The driver's focus should be on the road and other vehicles, not constantly correcting the changing position of his or her own vehicle due to a lopsided load.
Securing the load is also important. Pre-trip inspections are used to ensure that towbar / saddle mount connections are properly secured to the towed and towing vehicle. A loose rig could potentially become disconnected from its truck and cause a serious commercial trucking accident. As in irresponsible driving, the owner of the truck is liable if the vehicle is loaded in such a way as to increase the probability of an accident.
If you are injured or a loved one is killed by a defect in a commercial vehicle or the negligence of a driver of a commercial vehicle you need our expertise. The south Texas area is one of the busiest commercial trucking corridors in the nation. Unfortunately, not all drivers are correctly trained and not all commercial vehicles are well maintained and properly loaded. If a driver's negligence or a defective commercial vehicle causes serious injury or death, the lawyers of Law Office of Pat Maloney have the proven experience to help receive compensation for the injuries.
The attorneys of the Law Offices of Pat Maloney are specialists in helping victims of accidents and injuries caused by negligence of others. Our offices are in San Antonio. We represent persons for San Antonio, around Texas and across the country. Contact our offices at 800 247 7694 or locally at 210 226 8888.
The attorneys of the law offices of Pat Maloney are personal injury lawyers in San Antonio Texas who represent victims of commercial trucking accidents, medical malpractice, auto accidents, and defective products. They can also help with crashworthiness issues related to defective automobiles including SUV rollover, roof crush, defective airbags and defective seat belts.
The Maloney Building
239 East Commerce Building
San Antonio, Texas 78205
Phone: (210) 226-8888
Fax: (210) 222-8477