Stockton Truck Driver Mistakes

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April 07, 2016
Edward Smith

Stockton Truck Driver Mistakes

Driver Mistakes in Truck Accidents

Stockton Truck Driver Mistakes

I’m Ed Smith, a Stockton truck accident lawyer.  Truck drivers sometimes cause accidents because they make mistakes, putting others on the road at risk. After a truck accident with injuries, a skilled personal injury attorney can review the driver’s actions to see if the trucking company should be held liable. While the driver might have acted negligently or even intentionally ignored the law, the trucking company might have played a role by failing to hold the driver to the minimum federal standards.

Common Reasons for Driver Mistakes

A 2007 study released by the Federal Motor Carrier Safety Administration investigated 120,000 large truck crashes that happened between April 2001 and December 2003. The sample reviewed 963 accidents, each involving an injury or fatality. While factors such as mechanical failure, weather or road conditions might contribute to an accident, the study found that driver error was 10 times as likely to cause accidents as these other factors.

The FMCSA researched hundreds of reasons for trucking accidents and found that accidents most often occurred for the following top 10 reasons, listed in order from most to least common.

  1. Brake problems – 29 percent
  2. Traffic hindrances, including another accident or congestion – 23 percent
  3. Prescription drug use – Unknown
  4. Speeding, especially in inclement weather or other dangerous conditions -22 percent
  5. Not familiar with the road – 22 percent
  6. Roadway problems – 20 percent
  7. Failure to stop in order to prevent a crash – Unknown
  8. Over-the-counter drug use – 17 percent
  9. Inadequate surveillance – 14 percent
  10. Overtiredness – 13 percent

Overtiredness and Federal Laws

Overtired drivers make more errors, including falling asleep, inattentiveness, exercising improper judgment, freezing, panicking, etc. Safety legislation can also prevent mistakes due to fatigue.

Federal regulations limit the amount of hours a trucker can drive daily, which is 11 hours during a 14-hour shift. The driver needs to be off for at least 10 straight hours before beginning a shift. He or she cannot drive after working 60 hours for seven days in a row or 70 hours for eight days straight.

Proving Safety Violations in Stockton Truck Driver Mistakes

In addition to driver responsibility, the trucking company must adhere to the federal regulations. Drivers need to document their driving time in detailed logs. If you think that a trucking accident happened due to driver fatigue, our trucking accident attorney can ask to review these logs. Even if these have been falsified, an investigator can check truck tickets or bills of lading that show the date and time for load pickups and drop offs.

Using Drugs while Behind the Wheel

The only drugs a truck driver can use are those prescribed by a doctor who is aware of the driver’s occupation and who has determined that he or she can safely drive while using the medication. Federal regulations for truck drivers include pre-employment drug screenings and random drug tests

Truck Accident Injury Lawyer Serving Stockton

I’m Ed Smith, a Stockton Truck Accident Attorney. I can help you untangle the complicated web of state and federal laws surrounding the trucking industry as I investigate the reasons for a truck accident. Diligent legal representation can make all the difference in your case, so contact me for free, friendly advice. You can reach me at (916) 921-6400 or toll free at (800) 404-5400. Click here to reach us via the convenient contact form.

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Sources: https://www.all-about-car-accidents.com/resources/car-accident-claims/bus-accident-lawsuits.htm and http://www.fmcsa.dot.gov