Lexis Nexis
Gary W. Starnes Attorney at Law
736 Georgia Avenue
Suite 404 Dome Bldg.
Chattanooga, TN 37402
Phone (800)281-2403
Fax (423) 266-7193
Email: gstarnes@volstate.net
Truck Accident Attorney
Chattanooga, Tennessee
Tractor Trailer Truck Accidents
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The Federal Motor Carrier Safety Administration (FMCSA) defines a large truck as one, “…with a gross vehicle weight rating (GVWR) greater than 10,000 pounds.” The U.S. Department of Transportation (DOT) restricts the most common of the commercial trucks, the 18-wheeler, to 80,000 pounds gross vehicle weight on the U.S. Interstate Highways, although states can issue temporary oversize or overweight permits. Smaller roads may have lower weight restrictions than the U.S. Interstate Highways. Commercial drivers must route themselves accordingly. Other size and weigh specifications apply to doubles and triples (multiple trailers.)
The laws governing the trucking industry are numerous and complex. The skills required to investigate a tractor-trailer or commercial truck accident involve both legal and scientific expertise. When driven safely and according to the rules, commercial drivers usually keep their vehicles under control, and pose no threat. Most commercial drivers drive safely, most of the time. So when the unthinkable happens, it’s time to call in the experts, because something has surely gone wrong.
For instance, a loaded tractor-trailer traveling at 55 mph can take between 256 feet and 430 feet to stop, depending simply upon brake temperatures. Add weather and visibility conditions, oily roads, tire tread, vehicle weight, balance of the load, the mechanical and physical condition of the rig, driver fatigue, distraction, health, decision-making, and other factors and the cause(s) can become very complex.
Every trucking company has the duty to hire and train competent drivers according to DOT guidelines. They are required to maintain policies stating how they will do this. However, the trucking industry occasionally employs drivers who skirt the rules by driving under unsafe conditions, often to meet the demands of their employers to haul as many loads as possible. Companies who contract for trucking services often try to add extra weight to the load, hoping that, once the rig leaves, it’s too late to bring it back. Some drivers don’t check weights after taking on a load. Even the safest driver can end up with an unsafe rig despite making multiple safety checks each day.
Trucking companies and their drivers are required to adhere to DOT weight limits, driving-time limitations, safety checks, minimum break times between driving times, and to keep records of all documentation proving their adherence. It’s part of their job, and not difficult to do. When the trucking companies don’t, they, and their insurance carriers, will do everything possible to avoid liability. Don’t lose your right to claim damages by waiting too long. Statutes of Limitations for trucking accidents require that you take action within a time period that differs by state.
In 2006, the National Highway Traffic Safety Administration (NHTSA) reported 4,995 fatalities and 106,000 injuries resulting from large truck crashes. How many of, and in what ways were these people’s lives and their families’ lives destroyed because of these accidents?
If you were injured in an accident involving a commercial trucking vehicle, you will need a skilled investigation conducted by an experienced truck accident attorney to help you recover damages appropriate to your losses and injuries. Please contact truck accident lawyer, Gary Starnes, Attorney at Law, in Chattanooga, Tennessee for a complimentary evaluation of your case. Or, you may call 1-800-281-2403 to schedule an appointment. Mr. Starnes serves clients in Tennessee and Georgia.