Getting into a car accident is always stressful. There’s shock, fear, and denial. And, if it was a catastrophic accident, there’s the fear and anxiety that come with injuries — for you, your loved ones, and anyone else involved in the crash. All of these experiences can be heightened if the accident occurred with an 18-wheeler truck. Due to their size, they are more likely to cause serious harm — physical and psychological — that could have long-term effects. What are the most common causes of these types of accidents in the first place?
What makes accidents with an 18-wheeler truck different?
Every motorist on the road has the obligation to comply with traffic laws such as driving at the speed limit, obeying traffic signals, and wearing a seatbelt, to name a few. However, drivers of commercial trucks — as well as trucking companies — are also required to comply with additional state and federal laws that apply exclusively to them.
Title 7 of the Texas Transportation Code establishes the following requirements:
- Truck drivers must leave sufficient space between their truck and other vehicles so that another driver can pass them safely.
- Truck drivers may not draw a trailer unless they use safety chains approved by the Texas Department of Transportation.
- A truck’s tandem axle cannot exceed more than 46,000 pounds, and a single axle cannot weigh more than 23,000 pounds.
In addition, Title 37 of the Texas Administrative Code establishes that:
- Truck drivers must take a minimum of eight consecutive hours off-duty separating each 12-hour shift.
- Truck drivers can forego the minimum of eight-hour breaks if they take two periods of rest in the sleeper berth, with each rest period being a minimum of two hours.
- Truck drivers are not permitted to drive after having worked for 70 hours in any consecutive seven-day period without taking a minimum of 34 consecutive hours off-duty.
Most Common Causes of 18-Wheeler Truck Accidents
1. Distracted Driving
This includes texting, scrolling through a mobile device, changing radio stations, and taking your eyes off the road to read a billboard. Anything that shifts the focus from driving decreases the reaction time necessary to avoid an accident.
2. Poor Weather Conditions
Heavy rains, fog, sleet, and wet roads — all of them could be a recipe for disaster. This is especially true if a driver takes their eyes off the road for a split second, even for something that may seem innocuous, such as looking at the GPS navigation.
3. Reckless Driving
In Texas, reckless driving is defined as driving with willful or wanton disregard for the safety of people or property. This may include excessive speed, running stop signs or red lights, racing with another motor vehicle, or driving under the influence, to name a few.
4. Fatigue
This applies to truck drivers and the break periods required by law — as well as drivers of motor vehicles who are too exhausted and are having a hard time staying awake while on the road.
5. Driving Under the Influence
In Texas, a person is considered to be legally intoxicated if they have a blood-alcohol level (BAC) of .08 or more. A person will also be considered to be driving under the influence if they are impaired due to drug use.
6. Truck Driver Negligence
Truck drivers could be found negligent if they fail to secure their cargo — such as loading beyond the legal limits or failing to use safety chains. Failing to obey traffic regulations are also considered to be negligent behavior.
7. Negligence from the Trucking Company
Examples of this include failing to provide mechanical maintenance to trucks and failing to inspect equipment such as straps or anything else that’s used to secure cargo. It can also apply to hiring or continuing to employ a person with a history of driving negligently.
Civil Litigation Attorneys in Texas
If you got into a car accident with an 18-wheeler truck and want to know how to move forward, the experienced attorneys at The Weycer Law Firm can help.
Discuss your case for FREE today by contacting us online or by calling (713) 668-4545.
This blog is for informational purposes only and does not create an attorney/client relationship.
