Most Fatal Truck Accidents the Fault of the Truck Driver, Study Suggests
In 2006 there were approximately 40,000 fatal traffic accidents throughout the United States, and roughly 5,000 of these accidents involved large trucks and tractor trailers. It is further estimated that a tractor trailer accident occurs approximately every 16 minutes somewhere in the United States. This means about 150,000 tractor trailer accidents occur per year, most of which cause injury.
In many big rig truck accidents, fault is placed on the driver of the tractor trailer. Fault is often attributed to negligent driving actions and the failure to comply with the Federal Motor Carrier Safety Regulations. For instance, many tractor trailer wrecks involve cargo that comes off the trailer and the loading regulations come into play.
When commercial products are not properly loaded, they may shift during the course of driving, resulting in the driver losing control. Additionally, overweight cargo may result in a driver losing control and also makes stopping the vehicle more difficult. Overweight loads often make the tractor trailer more difficult to slow.
Truck accident law is defined by the Federal Motor Carrier Safety Administration (FMCSA) and provides the following rules for transportation of cargo, except bulk cargo items that lack complete structure, such as liquids, gases and grains.
- General Rule
Cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage or dunnage bags, shoring bars, tiedowns or a combination of these. - Cargo placement and restraint
- Articles of cargo that are likely to roll must be restrained by chocks, wedges, a cradle or other equivalent means to prevent rolling. The means of preventing rolling must not be capable of becoming unintentionally unfastened or loose while the vehicle is in transit.
- Articles or cargo placed beside each other and secured by tiedowns must either
- Be placed in direct contact with each other
- Be prevented from shifting towards each other while in transit
- Working load limit for tiedowns
The working load limit of tiedowns used to secure an article or group of articles against movement must be at least one-half times the weight of the article or group of articles.
The above truck accident occurred in Circleville, Ohio and was allegedly the result of the tractor trailer driver losing control and running into a car, a truck and another tractor trailer. The end result was devastating as the trucks caught fire, three people were airlifted to the hospital and another died at the truck accident scene.
Officers stated the tractor trailer driver was responsible for the accident, as he lost control of his vehicle; however no charges have been filed to our knowledge.
It is likely an experienced truck accident attorney will be looking to see if the FMCSA’s cargo regulations were followed. These regulations, among other things, will be examined to help determine, prove, or disprove, liability.
As founding partner of Page Cagle, a Missouri Personal Injury Law Firm, I aggressively represent tractor trailer accident victims and their families almost every day. I am committed to obtaining the best result for the harms the truck accident has caused.
If you find that you or a loved one is in a similar situation, as a Missouri truck accident lawyer, I am more than happy to speak with you about your case. I offer free consultations, providing you the opportunity to discuss your case with me without any strings attached. From there, you pay nothing unless you recover.
You can reach me, John Page, 24 hours a day at 314.322.8515 or toll free at 1.800.500.INJURY (4658). You can also email me at john@pagecagle.com or visit my website, www.MissouriTractorTrailerCrash.com for more information.
