San Antonio Motor Vehicle Accident Lawyer Ramon Cervantes III
When a collision involves a vehicle and an 18 wheeler truck, most of the time the results can be disastrous. The vast majority of collisions lead to massive personal injuries and/or wrongful deaths. Victims of these tragic 18 wheeler accidents may be entitled to damages. Damages may include medical expenses, burial costs, mental anguish, pain and suffering, lost income, physical impairment, future damages, future cost and property damage to personal or vehicle property. Punitive damages may also be sought in a number of cases.
Our firm is knowledgeable in cases concerning truck safety and trucking accidents, which is necessary when taking on large trucking industries. If you are seeking advice or representation, call my office today. Initial consultations are free and confidential, no obligation.
Truck Accidents Overview
There are variations between ordinary vehicle collisions and 18 wheeler collisions, these consist of:
- Being more prone to cause a serious injury or fatality.
- Negligent hiring and supervision claims
- Negligent maintenance claims
- Governmental, Federal, and State regulations
- Drug testing
- Tractor and trailer maintenance
- Trucking Records and logs
- Unique insurance coverage issues
There are a huge upsurge of accidents involving vehicles and semi-trailer trucks. Most truck accidents occur when they are traveling in a reckless or precarious manner, or they may be heavily loaded.
In the early 1980’s, the Federal Highway Administration (FHWA) was created in an attempt to curtail the excessive amount of fatal truck accidents taking place across the Nation.
Laws were passed to forbid truck drivers from having additional licenses. By 1992, truck drivers were required to meet minimum national standards to be able to drive a tractor trailer. A Commercial Driver’s License (CDL) is distributed upon fulfillment of the standards.
Presently, each truck driver is required to be licensed in their State of principal residence. This helps reduce fatal semi-truck accidents. Their driving record must be contained in a centralized computer for access by each state.
The recent laws require all states to implement uniform testing standards for commercial drivers prior to being licensed. A CDL is necessary to operate the following vehicles:
- All combinations of vehicles with a gross combination rating (GCWR of 26,001 pounds or more, providing the GVWR of the vehicle being towed in excess of 10,000 pounds.
- All vehicles, no matter the size, designed to transport 16 or more people, including the driver, and any vehicle required by federal regulations to be placarded while transporting hazardous materials.
The following vehicle operators are NOT required to obtain a CDL:
· Farm equipment operators
· Vehicles used to haul farm products, equipment or supplies to and from the farm
· Vehicles not used in operations of a contract carrier
· Firefighting equipment operators, and military and recreational vehicle operators if the vehicle is predominantly used for personal use
Some vehicles require special endorsements. There are five potential CDL endorsements and one restriction, this requires testing.
- Double or triple tractor trailers
- Passenger vehicles
- Tank vehicles
- Semi trucks carrying hazardous materials
- Combination tank and hazardous materials
- Vehicles with air brakes
The Federal Motor Carrier Safety Act (FMCSA) considered the motivation behind the guidelines of the trucking industry to decrease truck accidents. This includes driver qualifications, emergency equipment, safe loading, alcohol and drug use, and several other aspects. Various causes of trucking accidents are attributed to:
- Aggressive driving
- Brake failure or defect
- Dangerous or Reckless driving
- Driver inexperience
- Driving under the influence of alcohol or drugs
- Failure to yield the right of way
- Fatigue
- Inadequate training
- Mechanical failure
- Overloaded trucks
- Oversized trucks
- Poor driving conditions
- Running off the road
- Speeding
Never turn to the defendant’s insurance company if you need assistance. The insurance company will not do what is in your best interest. They will try to settle the claim as rapidly as possible, before you attempt to contact a qualifying attorney. Do not sign documents or agree on a settlement before seeking advice from an attorney.
When injuries are caused by the recklessness or negligence of a trucking company, it is up to the victim to bring them to justice. Contact me today and we can try to make these roads a safer place, one accident at a time. If you live in the San Antonio area, call 210-227-1888. Initial consultations are free and confidential. Our law firm handles SUV Rollover cases on a contingency fee basis. That means that we will not charge you an attorney fee unless we obtain a favorable result for you. Call us day or night.