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In any wreck involving large trucks or commercial carriers, there are several different considerations that need to be taken into account. It’s not your simple car vs. car accident. The discovery rules are very beneficial in helping you get the evidence that you need. Our Rock Hill truck accident lawyer will move very quickly to file suit in order to collect and preserve that evidence.
Carriers are governed largely by the Federal Motor Carrier Safety Regulations. These are carriers that are hauling a large amount of freight or people; generally, when people talk about commercial vehicles, they are talking about tractor-trailers. A motor carrier is going to be anybody that operates for hire. Those carriers are hauling large amounts of freight with large vehicles and travelling on highways at high speed, which can result in wrecks where the harms and losses are far beyond what a normal car vs. car would be.
Tractor trailers certainly get the most attention. In Rock Hill, the logging industry is prevalent, and there are a lot of cases involving logging trucks on our back roads. We also see cases involving standard tractor trailers on our freeways.
The Differing Rules of the Road
Many of these vehicles are governed by the FMCSR, which are the Federal Motor Carrier Safety Regulations. This is a federal agency that imposes relatively strict guidelines and regulations on motor carriers in the name of safety because these tractor trailers, while they are certainly necessary for the function of the economy, also create some hazards on the roadways due to their size. Their mass makes it difficult to stop; and when they do hit something, they cause a lot of harm.
Because of this, the federal government has taken an extra step to protect others on the highways from tragic commercial vehicle wrecks. So these guidelines govern the operation of commercial motor vehicles, driver qualifications and training, liability, how loads should be secured, the number of hours drivers are allowed to operate their vehicles, safety lights, warnings and inspections. These are all elements governed by the Federal Motor Carrier Safety Regulations.
Common Causes of Accidents and Collisions
As a knowledgeable Rock Hill lawyer knows, most 18-wheeler accident settlements involve some type of driver error. That driver error could generally be the result of inadequate or poor training, driver fatigue or just simple distraction. Drivers in the cab are probably more distracted than they’ve been in the past due to phones, texting and GPS. Drivers can also be under a lot of stress. We have an expectation our society now for instant deliver and drivers are required to deliver loads to certain places at certain times. Sometimes these expectations are at odds with what the federal government deems as an allowing amount of time behind the wheel. They are required to spend a certain number of hours in the cab or the sleeper versus driving. As a result, we see cases involving falsified driver’s logs where drivers were stretched too thin by their employers. Whatever the case may be, oftentimes it comes down to driver error.
We also see many cases where a commercial vehicle may fail and cause a collision due to a failure to properly maintain the vehicle. Commercial vehicles are put through rigorous use and as a result there is a duty on the owner of the vehicle to ensure that the vehicle is properly maintained. In every commercial vehicle case, we immediately begin demanding maintenance records in order to determine whether a tractor or trailer were properly maintained.
Drivers must also be properly trained and trucking companies are expected to create a culture of safety through their policies and procedures. In addition to the FMCSR, every company has their own set of rules and it is important that we get as much information as we can regarding these rules and whether the company has taken adequate measures to ensure their vehicles drivers and vehicles are as safe as possible.
Contact a Rock Hill 18 Wheeler Accident Attorney for Assistance
For more information on 18 wheeler accidents in Rock Hill, a free initial consultation is your next best step. Get legal answers you are seeking from our truck accident lawyer by calling (803) 366-0333 today.