Texas Personal Injury Attorney
Beaumont truck accidents happen more and more as truck traffic increases across Interstate 10. Unfortunately, truck accidents can have terrible and tragic consequences for everyone involved. Families are often left uncertain of how to recover damages for their injuries or find justice after the loss of a loved one.
Truck accident facts are frightening. According to the US Department of Transportation, there are over 500,000 trucking accidents each year, causing roughly 5000 deaths. In fact, 12% of all traffic fatalities are caused by truck accidents. Some of the most common causes of Beaumont truck accidents include:
- Trucking company negligence
- Driver fatigue
- Defective truck equipment
- Overloaded trucks and unsecured loads
- Driving hour log violations
Because the operation of an 80,000 pound vehicle creates risks for all who share the road, there are numerous federal regulations governing the trucking industry – but these rules simply aren’t always followed. Certainly some truck accidents are caused by weather or road conditions beyond the driver’s control, but most accidents occur as the direct result of negligence, often on the part of the trucking company.
The trucking industry is very competitive, and has become even more so in today’s economy. Trucking companies are always looking for ways to speed up deliveries the cheapest way possible and pay truck drivers the least amount for their work. Trucking companies minimize their costs by paying drivers by the mile and not compensating for “on-duty” time spent on inspections, mandated rest times, or time out-of-service due to safety and maintenance.
Drivers are then implicitly encouraged to break the law by skipping required breaks and even vehicle inspections in order to maximize driving time and compensation. In many of the cases where a truck driver is charged with negligence, he or she will admit to driving past the legal amount of hours in order to meet an impossible deadline.
In the past, trucking companies used to protect themselves from liability by leasing trucks and hiring drivers as contractors. However, current federal law now states that any company owning a trucking permit can be held liable for any accidents involving a truck with its name displayed on the vehicle, regardless of whether the driver is a contractor or equipment is leased.
Trucking companies have developed other tactics to try and avoid lawsuits. Trucking companies are required to maintain certain records, including logs of how many hours each driver was on the road, maintenance histories, etc. However, most records must only be maintained for 6 months – and they may be destroyed earlier.
It can be difficult to prove that key evidence was destroyed – and the trucking company can claim the logbook has been lost or hasn’t been properly kept – infractions that may result in a fine, but one that would be less than a substantial personal injury claim.
Many trucks now come equipped with devices that record information that can help investigators determine the cause of an accident, such as speed, break usage, how long the driver had been on the road, as well as the vehicle’s location. Other devices provide information about degree of slopes and help the driver round corners more safely. All of this equipment is designed to make vehicles safer to operate – and to provide more detailed information following an accident. However, these devices as well as other records must be preserved immediately to ensure that important evidence is available if a case proceeds to trial.
Trucking companies know the law – but they also know that breaking certain regulations may cost them less than a hefty lawsuit. Trucking companies have a team of investigators, adjustors, agents and legal help to protect them – and accident victims who lack proper legal representation can be easily outnumbered.
If you or a loved one has been seriously injured by in a Beaumont truck accident, you should seek legal help immediately to file a claim for any damages. There are time limits during which a lawsuit can be brought against the responsible party. A Beaumont truck accident lawyer can provide the legal advice and representation necessary to help clients and their families receive the financial compensation they deserve.
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