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What are the common causes of wrecks involving 18 wheelers?
Wrecks involving 18-wheelers or other large commercial motor vehicles can occur due to their large size and limited maneuverability. As these vehicles are heavy and take a long time to stop, they can cause catastrophic damage. Some common reasons for such wrecks include:
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Driver fatigue
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DUI/DWI
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Speeding
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Distracted driving
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Incorrectly loaded cargo
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Improper maintenance
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Inadequate safety protocol
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Poor driver training
However, there may be other causes that are not listed here. Regardless of whether the driver or their employer is at fault, victims can seek compensation for damages.
Are the laws different in Texas for wrecks involving 18 wheelers than they are for wrecks involving solely ordinary passenger vehicles?
Yes. The trucking industry is a unique, highly regulated industry with regulations that are very industry specific. Many of the regulations have safety features. All motor vehicles must follow the basic traffic laws in the state in which the vehicle is operating. Commercial motor vehicles have to follow these same rules of the road, but they also have to follow additional trucking specific federal and/or state laws and regulations. These regulations cover not only driving practices, but also just about every aspect of the commercial motor vehicle world.
All non-exempt commercial motor vehicles are subject to the Federal Motor Carrier Safety Regulations (“FMCSRs”) if operating interstate or state equivalent motor carrier safety regulations if operating intrastate. The intent of the regulations is to cover all persons and entities involved in operating commercial vehicles including not only drivers, but everyone who hires, trains, supervises, manages, dispatches, and/or affects drivers and commercial motor vehicles. The FMCSRs set forth minimum standards for those involved with the operation of commercial motor vehicles in interstate commerce.
As broad as the FMCSRs are, many of them do not prescribe specific methodologies to comply with specific duties. Over the decades, industry practices have evolved and there are industry practices that are considered best practices and/or industry standards.
What should I do after I am in a wreck with an 18 wheeler or other large commercial motor vehicle?
In case of a wreck involving a commercial truck driver, if you are physically able to do so it's crucial to call the police right away and request immediate assistance. Again, if you are physically capable after the wreck, and if it's safe and possible, take photos of the scene of the wreck before any vehicles are moved. Be sure to capture images of the point of impact, debris, nearby traffic signs, and other relevant details that could be useful in your case. You will want to get good pictures of any markings on the side of the tractor and/or trailer that identify the motor carrier to whom the vehicles supposedly belong and the Department of Transportation number of those vehicles.
Additionally, if anyone witnessed the wreck, obtain their full name and contact information. You should also obtain the truck driver's name, address, driver's license number, and insurance information. Obtain the name, address, and phone number of the trucking company for whom the driver supposedly works. It's advisable to contact a lawyer with experience in handling truck accident claims as soon as possible. Keep all receipts, official documents, and your accident report from law enforcement authorities, as they may be substantial evidence when seeking financial compensation for your wreck.
Finally, schedule a follow-up appointment with your doctor and follow their advice. Many injuries from wrecks take time to manifest after the wreck. Ignoring your doctor's recommendations could lead to complications with your case in the event you need to file a lawsuit based on the wreck down the road.