A truck accident can change your life forever. You’ll probably survive, but the majority of fatalities in truck accidents are the people who aren’t in the truck. If you want to avoid an accident, knowing the most common causes of truck accidents is a good first step.

The third-most common cause is due to the environment. Bad weather can limit visibility and have a big impact on a truck’s handling.

The second-most common cause of truck accidents is the vehicle itself, especially tires. Poorly maintained tires can cause a blowout, which can send the vehicle careening out of a control. Truck drivers should also be on the lookout for brake failure, electrical malfunctions, and load shift.

The most common cause of truck accidents, though, is the driver himself. Truck drivers might be distracted, or they might simply be too fatigued to pay attention to what’s going on around them. The real culprit, though, is speeding.

Truck accidents can happen in an instant, but the effects can last forever. Make sure you’re familiar with the most common cause of truck accidents and keep you and the people around you safe. For more information, read the following infographic.

The job of a truck driver is never easy. Not only must you share the road with everyone else, but you’re also encountering roads of all types, not to mention all of the weather Mother Nature throws at you. Unfortunately, too many trucking professionals become involved in accidents requiring a truck accident attorney every year. That being said, it’s crucial to understand workers’ compensation for truck drivers.

Is Workers Compensation the Same for Everyone?

When it comes to the basics of workers’ compensation, the way it works for truckers is the same way it works for everyone. If you become injured while on the job, you’ll have to complete a compensation claim. If approved, a workers’ compensation lawyer can help you to receive some monetary and legal support while you recover from your injuries.

Something that many truck drivers are shocked to discover is that they are not covered by their employer for injuries they may sustain in an accident. There are many reasons for this.

Many Ways to Become Injured

Being a truck driver means being at high risk of injury in an accident. Unlike other vehicles, a truck will require a far greater distance to stop once brakes are applied. The failure of a small vehicle driver to recognize this while on the road can quickly lead to an accident.

Drivers can also become injured when attempting to load cargo. Lifting heavy items repeatedly can result in painful injuries to the back that can make driving impossible. As well, long hours spent handling the steering wheel can cause a wide range of occupation injuries like carpal tunnel syndrome.

Neck and back pain, along with several other injuries, can occur from sitting behind the wheel for several hours. Driving for too long can result in fatigue, drastically reducing reaction time and increasing the probability of an accident. A shifted load can cause cargo to fall and cause an injury or instability while driving.

Even simply entering or exiting your truck can result in injuries and loss of work that require help from a truck collision lawyer.

EMR, Industry Changes, More Unprotected Drivers

Insurance companies use the experience modification rate calculation or EMR to determine the amount a trucking company pays to cover their drivers under workers’ compensation. The higher the EMR number, the more the company will pay. If a company endures small losses, their EMR will remain low, making it most affordable for them to carry compensation.

In addition, there have been many instances where drivers were successful at making fraudulent claims, which has raised companies’ EMR and their compensation costs. As a result, in the last decade, many companies have opted to change the way in which their drivers are classified.

In the past, the majority of drivers were employees of the trucking company they worked for. Today, the landscape has changed. Now, the majority of truck drivers are either owner-operators or independent drivers under contract. What does this mean for drivers who get injured while on the job? It means an inability to receive sufficient compensation.

No Solutions for Covering Non-Employees

An independent driver is clearly different from an employee, but an effective way to determine coverage requirements and formulate sufficient programs for injured drivers continues to be elusive.

Trucking Companies Make Coverage Decisions

Although a trucking company does have the option to offer their contract drivers coverage in their program, there is, unfortunately, no guarantee that they will. If they choose not to include a driver in this coverage, a driver can purchase their own coverage, called Occupational Accident Injury Coverage. This option costs less than traditional compensation, but it doesn’t offer you the comprehensive coverage of workers’ comp. Not only that, but Occupational Accident Injury plans also allow trucking companies to appoint a doctor of their choice.

What Compensation Entitles You To

If you are classified as an employee of the trucking company you drive for and you become injured in an accident, compensation can include several items, such as:

• Hospital stays
• Doctor visits
• Surgery
• Medication
• Pain therapy such as acupuncture
• Physiotherapy to restore mobility
• Mobile assistive devices including wheelchairs, canes, and stability bars
• Lost wages
• Death benefits
• Legal expenses

What Occupational Accident Insurance Entitles You To

If you are an independent driver and have purchased coverage under an Occupational Accident Injury plan, you will be covered for:

• Lost wages
• Some medical expenses
• Death benefits

Burden of Proof

In cases where an employer has purchased compensation for their employees, the employee is the one who will need to prove that the injury they sustained while on the job was the cause of the condition for which they’re seeking compensation. With this coverage, an injured truck driver is not able to sue their employer for punitive damages or pain and suffering.

Where an independent driver has purchased Occupational Accident Injury coverage, the employer must prove that there is no relationship between a driver’s injury and the demands of their job.

Who Is at Fault if You Become Injured?

Determining who is at fault will be instrumental in getting compensation if you become injured. However, fault is not always absolute. For example, by violating federal regulations and driving for longer than the law allows, you could be found at least partially at fault for causing an accident while on the job.

On the other hand, if the brakes on your truck are found to have failed as a result of a manufacturing defect or poor maintenance, the brake manufacturer or trucking company may be held liable for your injuries.

Driver Injury Cases Can Be Costly and Complex

Whether you have traditional compensation coverage or not, getting financial and medical support for your injuries can be a long and expensive journey without a truck injury lawyer.

In a workers’ compensation case, you need to know exactly what kind of evidence will not only prove the trucking company’s fault but be accepted by the court. As stated previously, you will also need to find another means of getting compensation for your pain and suffering and punitive damages.

A scenario where Occupational Accident coverage has been purchased, the trucking company can launch an investigation into the extent of your injuries, which can dramatically increase your stress level, negatively affecting your ability to heal.

To add to the complexity, some drivers have a more difficult time in court due to signing contracts with trucking companies that place limits on the locations where they can make a claim. Should this happen, a driver who was out-of-state at the time they became injured and is representing themselves in court may not be aware of their eligibility for compensation.

Regardless of the coverage you may have, the best way to get compensated is to speak with an experienced 18-wheeler accident attorney. A good lawyer knows what tricks trucking companies will try to use to get out of paying you what you deserve.

When you call Shechter, McElwee, Shaffer & Harris, none of this ever has to happen. That’s because we will aggressively defend your rights to fair and complete compensation for your injuries. Put our knowledge and experience to work for you right now. Call us for a free consultation today at (713) 574-5089.

Driving a commercial vehicle, whether it is a bus, semi-truck, or delivery truck, comes with increased risks of injuries compared to other types of careers. Many of these injuries are the results of motor vehicle accidents which result in both non-fatal and fatal injuries.

As such, the commercial truck industry has more deaths per year than any other type of career or industry. The types of accidents commercial truck drivers can get into do not always involve other vehicles.

In some cases, the accident is the result of not being able to control the truck and hitting a barrier or going off the road. Another cause of accidents is from inexperienced drivers. The commercial trucking industry has a high turnover rate, which means many truck drivers do not have sufficient experience behind the wheel.

For more information about the risks of driving a commercial truck and some alarming statistics and types of accidents, we invite you to continue reviewing the following infographic.

Afterward, if you have further questions or a loved one or you were injured in a truck accident caused by another party, please feel free to contact Schechter, McElwee, Shaffer, & Harris, L.L.P. directly to speak with one of our Houston TX auto accident lawyers today!

Sharing the road with large trucks, buses, and other commercial vehicles requires being aware of the challenges drivers of these types of vehicle have, compared to a normal vehicle. To begin with, the size and weight of the commercial vehicle are significantly more.

Since commercial vehicles weigh more, they require much longer stopping distances to come to a complete stop on both wet and dry surfaces. Another key difference? It is not as easy for the truck driver to see in blind spots or “no zones.”

Truck drivers cannot see vehicles when they are hidden in the “no zones.” Truck drivers have no idea they are there, which can lead to a serious accident. When driving around commercial vehicles, be aware of these “no zones” and avoid remaining in them for long. Some of the more common blind spots are:

• The entire right-hand side of the truck.
• The space directly in front of the truck.
• The space directly behind the truck
• The left-hand side of the truck from the truck cab to the end of the trailer.

The best way to avoid getting into an accident with a large commercial vehicle is to practice cautious driving habits. To learn more about these habits, as well as other interesting truck accident statistics and details, we encourage you to continue reading and reviewing the following infographic.

After doing so, if you or loved ones have sustained personal injuries from a truck accident, you may be entitled to certain monetary compensation for your injuries. Please feel free to contact the Houston TX auto accident lawyers at Schechter, McElwee, Shaffer & Harris, L.L.P. today!

Houston traffic is considered to be one of the busiest in the state. There are several interstates (10, 45, 69, and 610), U.S. highways (90 and 290) and state highways (6, 8, and 288) that all crisscross the greater Houston area. In addition, there are numerous roadways that connect different areas of the city.

On these roads with other motorists is an abundant number of semi-trucks. These big rigs are either passing through the Houston area, picking up loads in the area, or making local deliveries. Driving around semi-trucks requires practicing safe driving habits and being aware of how your actions could affect that of the semi-truck driver and either prevent or cause a big rig accident.

To help you avoid and reduce risks of accidents with big rigs and other motorists, our truck accident lawyers want to remind you to practice the following safe driving tips all of the time:

1. Always wear your seatbelt. It is a proven fact that wearing seatbelts does save lives and can reduce the extent of injuries during an accident.
2. Never drive above the posted speed limit. It can seem hard to follow the posted speed limit when everyone else is zipping past you at excessive speeds. However, driving at or just below the speed limit is safer.
3. Maintain a safe following distance. You should make sure the distance between you and the vehicle or semi-truck in front of you is sufficient and provides plenty of space if you have to stop suddenly. If someone pulls in front of you, which does happen, simply slow down and increase the distance.
4. Enable new car safety features if equipped. If your vehicle has adaptive cruise control, blind spot detection, or forward collision prevention, make sure these are enabled. While these features do not fully replace being a safe driver, they do help supplement safe driving habits and could prevent an accident.
5. Never drive a vehicle that needs to be repaired. If your vehicle has balding tires, needs new brakes, or has other problems that affect its safe operation, do not drive it. You are only increasing the risks of causing an accident.
6. Put down the smartphone. Distracted driving accounted for 100,687 accidents out of the 537,475 accidents on Texas roads in 2017, according to information provided by the Texas Department of Transportation. Out of the 100,687 accidents, 2,889 involved serious injuries and 444 deaths.¹
7. Don’t remain in the left lane on multiple lane highways. The left lane on multiple lane highways is for passing. By remaining in this lane, you are forcing other motorists to pass on the right, which increases the risks of accidents.
8. Be aware of aggressive drivers and give them room. If you notice a vehicle weaving in and out of traffic, driving at excessive speeds, tailgating, or speeding up and then slamming on the brakes, put as much distance between you and them as possible.
9. Slow down in construction zones. Driving through construction zones can require unexpected lane shifts, tighter corners, and restricted/narrow roadways. Reduce your speed and adhere to the posted construction zone speed limit.
10. Do not drive under the influence of alcohol or drugs. According to data collected by the Texas Department of Transportation, someone is injured or killed in an accident involving alcohol about every 20 minutes. In 2016, there were 17,434 DUI accidents in the state, with 1,492 of those occurring in Houston.

Special Safe Driving Considerations Around Semi-Trucks

In addition to practicing the above safe driving tips, there are some special safe driving considerations you must also use when driving around semi-trucks. Semi-trucks are much bigger than your average car, crossover, SUV, or truck. They can weigh anywhere from 10,000 pounds to 80,000 pounds for a fully loaded big rig.

Now, compare this to the average weight of a motorcycle, which is around 604 pounds, and the average weight of most vehicles, which is around 2,871 pounds.⁴ It is easy to see that, when it comes to an accident involving a semi-truck, in most cases there will be serious if not fatal injuries.

To reduce the risks of being involved in a serious, if not fatal, accident with a semi-truck, remember to practice these additional safe driving tips:

• Do not pass a semi-truck on the right side. The right-hand side of a big rig is one big blind spot. The truck driver cannot see you easily and may not even know you are in the right-hand
• Give the semi-truck the right-of-way when it is changing lanes. If you notice a semi-truck is attempting to change lanes, slow down and let it in.
• Be aware of semi-trucks attempting to merge onto the highway and move over. If you see a semi-truck coming onto the highway, move temporarily into the left-hand lane to allow it sufficient space to get onto the highway.
• When passing a semi-truck, make sure to allow sufficient space before returning to the lane in front of the truck. Big rigs have much longer stopping distances. You need to account for this when changing lanes and getting in front of a big rig. If you need to stop suddenly and there is not sufficient space, you will be rear-ended.
• Move over to the left lane or slow down when passing a broken down semi-truck on the side of the road. If you see a semi-truck has broken down, chances are the driver is around somewhere. You should move to the left lane on a multiple lane road or slow down. For single lane roads, slow down to 25 mph, which gives you plenty of time to stop suddenly if the driver steps out onto the road in front of you.
• Be patient when a semi-truck is passing another semi-truck. Back off and give the semi-truck in front of you some space. It can take several minutes before a big rig can safely pass another one. It has to not only clear the truck next to it but also make sure there is sufficient space in between the other truck before it can switch lanes.
• Don’t let a semi-truck tailgate your vehicle. Unless you are in stop and go traffic that is moving less than 25 mph, you do not want a semi-truck right on your rear. If you need to stop suddenly, it will not have sufficient space to stop without hitting you and causing serious if not fatal injuries.

Be Aware of a Semi-Truck’s No Zones/Blind Spots

Most vehicles have blind spots on the sides where other vehicles can remain hidden. With semi-trucks, there are several more blind spots or “no zones” you need to know about to help reduce the risks of getting into an accident:

• Directly in front of the semi-truck. There is a blind spot of about 20 feet directly in front of the big rig where the driver will not be able to tell if a car is in front of the truck.
• Directly behind the semi-truck trailer. The truck driver cannot see you if you are directly behind the truck and hidden by the truck’s trailer.
• The right-hand side of the truck. As mentioned previously, just about the entire length of the right-hand side is one big blind spot where a trucker will not see you.
• The left-hand side from the rear of the cab to the end of the trailer. Truck drivers will not see you if you are riding in their blind spots on the left side of the trailer. Don’t remain in the spot for long when passing a semi-truck.

Inclement Weather Driving Tips

Driving in inclement weather does require adjusting your safe driving habits. The most common type of bad weather Houston drivers have to face are severe thunderstorms, heavy rain showers, and fog. In addition, there are occasional tropical storms and hurricane conditions that make driving more difficult.

• Slow Down: On wet roads, especially after a dry spell, there will be oil on the roads which makes them slick and slippery when the rain begins. In addition, heavy rain and windy conditions can make operating and controlling your vehicle more difficult. Reducing your speed helps you maintain better control over your vehicle.
• Increase Following Distances: On wet roads, it can take longer to come to a full and complete stop. You should double the amount of space you normally use in dry condition to ensure you have plenty of room to stop safely.
• Turn on Your Headlights: When it is raining, you want to be seen by other motorists and truck drivers. If your wipers are on, your headlights should be on, too.
• Don’t Drive if You Don’t Feel You Can: If it is raining too hard to see or the fog is too thick, then don’t get behind the wheel. If you are already on the road, find a safe area to pull over and wait for conditions to improve.
• Don’t Use Hi-Beams in Foggy Conditions: Hi-beams will make it harder for you to see and should not be used. If you have fog lights, turn those on, since those point downward at the ground and can help.
• Allow for Increased Space When Passing: Semi-trucks will also require longer stopping distances in wet conditions. Make sure to double the space in front of the truck before pulling in front of it.

• Don’t Drive if It Snows: Houston doesn’t get much snow that often, but it does happen. If it does snow and temperatures are below freezing, you should stay off the roads, as icy overpasses and bridges are possible.

While accidents with semi-trucks are not always possible to avoid, everyone can do their part by practicing these safe driving habits to help lower and reduce the risks of serious and fatal accidents.

If you or a loved one has been injured in an accident caused by a semi-truck driver, you may be entitled to monetary compensation to pay for your personal injuries, medical bills, lost wages, and more. Please feel free to contact Schechter, McElwee, Shaffer & Harris, L.L.P. at 713.574.5089 to speak with one of our Houston TX auto and big rig accident lawyers with a free consultation today!

Sources:

1. https://www.txdot.gov/driver/share-road/distracted.html
2. https://www.txdot.gov/driver/sober-safe/intoxication.html
3. http://ftp.dot.state.tx.us/pub/txdot-info/trf/crash_statistics/2016/40.pdf
4. https://www.creditdonkey.com/average-weight-car.html