Dangerous Commercial Vehicle Practices

Texas Semi Truck Accident Attorney Michael Grossman Discusses Common Unsafe Truck Driver Practices

Every year in the United States, 5,000 people are killed and 100,000 are injured in trucking accidents. These accidents can be caused by many different factors, but unsafe practices by truck drivers pose a serious risk to motorists.

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18 wheelers, flatbed trailers, and other commercial vehicles are difficult to operate, and even a slight mistake committed by the driver can spell disaster. Tired truck drivers are prone to making these mistakes. After eight hours on the road, a driver has a very difficult time concentrating on driving. Despite these risks, Congress recently increased the number of consecutive hours truck drivers are allowed to drive from ten to eleven.

But the Federal Motor Carrier Safety Administration (FMCSA) has numerous regulations in place to hold truck drivers and trucking companies responsible for unsafe practices. Particularly, this section outlines explicitly that truck drivers are not to drive while fatigued:

§392.3 Ill or fatigued operator.

No driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.

Speeding, another common unsafe trucking practice, is discusses here:

§392.6 Schedules to conform with speed limits.

No motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.

So why do truck drivers still drive while sleepy or in excess of speed limits? It all comes down to money. Trucking companies make more money the longer and faster their drivers drive, and the drivers themselves are typically paid by the mile. These payment schedules encourage bending FMCSA regulations in the name of profits, and this practice leads to thousands of deaths every year.

In order to combat any legal liability, trucking companies and their insurance providers employ the most aggressive defense attorneys, insurance adjusters, and accident recreation experts in the business. This team will be sent to the scene of your accident as soon as it occurs, and they have one goal: to build a case against you. These professionals have years of experience shutting down claims like yours. Without the help of an experienced trucking accident attorney, you have almost no chance of securing a fair settlement.

But the attorneys at Grossman Law Offices have been successfully resolving truck accident cases for twenty years. We have settled hundreds of cases, including multiple multi-million dollar settlements. Trucking companies and insurance adjusters know who we are, as we have faced every major insurance carrier and trucking company in the country. They know how successful we have been, and they will often cooperate with our demands so that they do not have to face our attorneys in court. In other words, we can often secure a fair settlement without even stepping foot inside a court room – though we will of course take your case to court if that is the best course of action. We will do everything we can to make sure that you understand every option available to you, so that you can make the best decision for you and your family. So if you have been hurt in a truck accident due to a negligent truck driver, contact Michael Grossman at Grossman Law Offices today. Do not let those responsible for your injuries go unpunished. Let our attorneys help you secure the compensation you need and the justice you deserve.


Some of Our Most Recent Successful Cases
$100,000.00 Recovery - Automobile Accident (Back Injury Resulting in Surgery)
Recovery for car accident victim who suffered back injury resulting in surgery.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$100.00
Confidential Recovery - Wrongful Death / Commercial Vehicle Accident
(policy limits) Our attorneys secured a recovery against a major trucking company for the daughter of a man who was killed after his vehicle collided into an 18-wheeler which was blocking the roadway. Litigation is ongoing against additional defendants.
Total Recovery:
Confidential
Attorney Fees:
Confidential
Litigation Expenses:
Confidential
$90,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries and Leg Contusions)
Recovered for client who suffered soft-tissue back injuries and leg contusions in an 18-wheeler accident.
Total Recovery:
$90,000.00
Attorney Fees:
$30,000.00
Litigation Expenses:
$562.00
$335,000.00 Recovery - Wrongful Death/ Commercial Vehicle Accident
The mother of a young man hired our firm to investigate the death of her son following a fatal car accident. The incident occurred as one of the two vehicles involved ran a red light and drive into the path of the other. The defendant was driving a work vehicle for a construction company. The defendant survived the accident and stated to police that the decedent caused the accident. The police could not conclusively determine who was at fault, yet the police report strongly implied that the decedent was likely at fault based on the statement provided by the defendant.

The plaintiff's mother was not convinced. Through a thorough investigation, we ultimately determined that the stoplight that the defendant claimed that our client ran, in fact, worked on a timer whereby the light was always green between certain hours unless a vehicle traveling on the intersecting road had been stopped at the right light for more than 30 seconds. Based on an analysis of the vehicles and tire markings, it was conclusively determined that both vehicles were traveling at the speed limit, which clearly indicates that the defendant driver had not accelerated from stop, rather, he was traveling at the speed limit, which would not have triggered a green light for the defendant.

The logical implications of this information is that the light could not have been red for the plaintiff, and it certainly would have been red for the defendant. As a consequence of this information, the case was resolved through litigation.
Total Recovery:
$335,000.00
Attorney Fees:
$134,000.00
Litigation Expenses:
$63,000.00
$530,000.00 Recovery - Commercial Vehicle Accident (Back Injury Requiring Surgery)
Plaintiff, a delivery driver, suffered a back injury resulting in spinal fusion surgery when he was injured in an accident involving falling cargo from an 18-wheeler. The defendants cited the plaintiff's failure to take evasive action as a source of contributory negligence and litigation commenced accordingly which culminated in an acceptance of liability and eventually satisfactory resolution.
Total Recovery:
$530,000.00
Attorney Fees:
$210,000.00
Litigation Expenses:
$5,000.00
$2,000,000.00 Recovery - Wrongful Death / Commercial Vehicle Accident
The family of a deceased woman hired our firm following a fatal 18-wheeler accident. The fatal accident occurred as the driver of an 18-wheeler lost control of his vehicle and veered out of his lane, resulting in a massive collision. The decedent, a passenger in a vehicle, died on the scene.

Her adult children consulted our firm to initially investigate the accident and make sense of the facts and circumstances since the family felt that the police report did not make it clear enough precisely what occurred. We launched a full investigation an immediately deposed the investigating officers.

Upon the completion of our investigation, it was apparent that the trucking company was indeed negligent and a lawsuit was soon filed. The defendant's launched an aggressive defense whereby they initially claimed that the truck driver was overcome by his passenger who allegedly grabbed the steering wheel and deliberately drove the truck off the road, despite the truck driver's best efforts.

We refuted this claim by illustrating that the tire marks that were present clearly show the truck gradually moving across the road and eventually onto the grass, which is entirely inconsistent with an abrupt lane change caused by someone taking control of the wheel. It was quite an unusual defense strategy that we were frankly surprised to even find ourselves having to refute.

The defendants then argued that a tire blowout may have contributed to the accident, which is significant because it would enable the defendant to offset some portion of their liability to a tire manufacturer or installer. Through deposition testimony of the investigating officer we established that there was absolutely no indication at the scene of the accident that a tire had blown out.

Finally, the defendants argued that the company which loaded the trailer may have improperly loaded the cargo. This argument was most plausible considering that the precise cause of the decedent's death was that she was essentially pummeled by cargo that broke through trailer and struck her person.

Our firm consulted several experts in the fields of heavy cargo transportation and physics. Our experts felt that the cargo was secured in a manner that is perfectly consistent with industry standards and that due to the forces involved, the cargo would not have behaved any differently irrespective of how it was secured. In short, the collision caused the cargo to break free and the negligence lay squarely on the trucking company and not any other entity. The case was successfully resolved through litigation.
Total Recovery:
$2,000,000.00
Attorney Fees:
$775,000.00
Litigation Expenses:
$25,000.00
$30,000.00 Recovery - Commercial Vehicle Accident (Muscle Aches, Pains & Dizziness)
Recovery for the driver of car that was side-swiped by an 18-wheeler. Plaintiff suffered muscle aches, pains & dizziness.
Total Recovery:
$30,000.00
Attorney Fees:
$10,000.00
Litigation Expenses:
$500.00
$41,000.00 Recovery - Commercial Vehicle Accident (Soft-Tissue Injuries)
Recovery for client who suffered soft tissue injuries when she was struck by an 18-wheeler.
Total Recovery:
$41,000.00
Attorney Fees:
$13,666.00
Litigation Expenses:
$135.00
$300,000.00 Recovery - Commercial Vehicle Accident / Work Injury (Facial Fractures and Head Trauma)
A loading dock worker suffered serious including numerous facial fractures and minor brain trauma when an 18-wheeler back into him, crushing him against the loading dock. The plaintiff's employer was a subscriber to Texas Workers' Compensation coverage, thus a claim was rightly filed against the third party trucking company whom the truck driver operating the reversing 18-wheeler worked for.

The plaintiffs asserted the position that the trucking company in question was liable on the basis of respondeat superior and negligent retention. The defendants argued that the plaintiff was the sole proximate cause of his injuries by virtue of the plaintiff putting himself in harms way. They maintained that the plaintiff simply walked behind the reversing tractor trailer as it pushed back toward the loading dock.

It was later determined through deposition testimony that the truck driver had indeed instructed the plaintiff to stand behind the trailer in order to determine the vehicle's proximity to the dock. Once this fact came to light, the defendants agreed to mediate whereby the case was satisfactorily settled.
Total Recovery:
$300,000.00
Attorney Fees:
$120,000.00
Litigation Expenses:
$9,807.00
$100,000.00 Recovery - Motorcycle Accident (Broken Femur)
(policy limits) Recovery for victim who sustained a broken femur in a motorcycle accident.
Total Recovery:
$100,000.00
Attorney Fees:
$33,000.00
Litigation Expenses:
$0.00

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