Truck Accidents

Reasons Trucking Accidents Are More Common During the Winter Months

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Truck accidents are an issue at every time of year, but they seem to peak in winter months. This is true even in warm areas like Montgomery, where we rarely see snow or ice. There are multiple reasons this is the case, and understanding these reasons can help us make the roads safer. It’s up to trucking companies to have reasonable expectations and up to personal drivers to take reasonable precautions when driving around tractor-trailers. Learn more about why truck accidents spike in winter.

If you’ve been hurt in a truck accident in Montgomery, the team at McPhillips Shinbaum is your next call. Let us help you fight for compensation and get what you deserve—call us at 334-262-1911 now.

The Challenges of Cross-County Driving During Winter

Taking cross-country hauls is a challenge year-round, but it puts even more stress on truck drivers during winter. Weather fluctuates a lot from region to region, and a truck driver must be ready to adjust to these changes multiple times in a single day. This is a lot of mental strain. For example, they may leave the warmth of Alabama and drive north for a delivery. Once they reach the central part of the country, they hit an ice storm with flurries. Suddenly, the speed they’ve been driving all day is too fast. They’re at risk of hitting other vehicles or losing control of their truck. Winter storms can go from mild to severe in the blink of an eye, and an already fatigued truck driver may struggle to adjust.

Increased Traffic

Most parts of the country see increased traffic throughout the winter months. This is due to the hustle and bustle of the holidays and the extra tasks and demands that come along with this time of year. Unfortunately, too many personal drivers don’t realize the demands of driving a tractor-trailer. They cut in front of tractor-trailers, hang out in their blind spot to the left or right, or fail to use their turn signal. The heavier the traffic is, the more stressful it is for a truck driver to keep themselves and others safe; they have to account both for their own potential errors and the errors that other drivers may make. When they don’t, other drivers are at risk of catastrophic injuries.

Constantly Changing Weather Forecasts

Winter weather is known for being inconsistent—even Montgomery sees its share of random ice flurries. For most people, that’s rarely an issue—they’re in the car to drive to and from work, or perhaps a family outing. In these situations, changing weather forecasts are an inconvenience and annoyance. To truck drivers, ever-evolving weather forecasts are a huge mental strain. Winter weather demands that truck drivers consistently check the forecast, adjust their driving accordingly, and somehow still accommodate their delivery schedule.

Extra Wear and Tear on Trucks

Winter weather and road conditions put extra strain on trucks. Frequent braking, extra pressure on tires, and an overworked engine trying to function in the cold can all cause issues. When a truck component fails, it may cause an accident. It can be impossible to predict these issues before they actually arise, leaving truck drivers in an unsafe position when they realize something is wrong with their vehicle.

Pressure From Employers

This factor is one that’s present year-round, but it is definitely worse during the holidays. Truck drivers are under constant pressure from their employers to get hauls done more quickly, get home fast enough to get another load, and avoid skipping days because of weather. Retailers and manufacturers are under intense deadlines, and they rely on truck drivers to help them meet those deadlines. Failing to deliver a load on time may result in a loss of pay, a lost bonus, or even termination. This puts truck drivers in the impossible position of either risking their livelihood or driving when they know it is unsafe to do so. When they choose the latter, accidents are likely to follow.

Reach Out to McPhillips Shinbaum to Start Your Truck Accident Case

Have you been injured in a Montgomery truck accident? If so, it’s time to find out if you are owed compensation. Let’s sit down and talk about your next steps. Reach out online or call us at 334-262-1911.

Trucking Accidents

The Importance of Getting a Lawyer Involved Early in a Trucking Accident

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Truck accidents ruin thousands of lives every year, leaving victims with serious injuries, totaling. vehicles, and causing preventable fatalities. Unfortunately, a tractor-trailer’s size makes it capable of causing extraordinary damage in any type of collision. That’s why it’s so important for victims to fight for fair compensation after a crash—without it, they are left paying their medical bills, replacing their vehicle, and handling time off of work on their own.

The team at McPhillips Shinbaum is committed to helping victims like you fight for full and fair compensation after a collision. Ready to get started? Call us at 334-262-1911 to set up a consultation.

Trucking Companies Have Lots of Legal Support

One of the main reasons you should talk to a lawyer as quickly as possible is that trucking companies have lots of resources. These are companies that bring in millions of dollars every year—just one big accident could cause their insurance policies to skyrocket in price, cutting deeply into their profits. For that reason, they go to great lengths to protect themselves from lawsuits. 

The trucking companies usually have in-house legal teams or external law firms waiting on standby. The moment a crash happens, they leap into action, looking for ways to protect the company from. liability. How do you go up against a force like that? You choose an aggressive, proven law firm that works hard to get victims what they deserve.

There’s Lots of Evidence to Process

Truck accidents have substantially more evidence to process than crashes involving smaller vehicles. Not only is there likely more damage and therefore more to investigate, but there are other legal factors at play. To start, truck driving is a field with heavy regulations governing how long drivers can operate, how frequently inspections must happen, and how cargo must be loaded. 

The FMCSA is very serious about these regulations, and any violations could be key pieces of evidence for your claim. You’ll want to work with a Montgomery truck accident lawyer who knows how to access important pieces of evidence, look for violation regulations, and use that information to strengthen your claim.

Additionally, many trucking accident attorneys have access to a wealth of resources outside the walls of their law firm. There’s a lot at stake in a truck accident claim, so why wouldn’t you want an attorney who will cover all of their bases while advocating for you? The right lawyer can talk to accident reconstruction specialists, medical experts, and economic specialists who can strengthen your claim and prove how much you’re owed.

Trucking Accidents Involve a Substantial Amount of Money

Perhaps the most important reason to hire an attorney right away is that there is a lot of money on the table. Your losses are likely severe, from a totaled vehicle and massive medical bills to unpaid time off of work and mental trauma. Insurers know that trucks are capable of causing this type of damage, which is why they require them to carry such large insurance policies. 

These policies are enough to cover your losses. But without an attorney, your odds of getting what you’re actually owed are low. Both insurers and truck companies do whatever it takes to protect their own bottom line, even at the expense of victims.

It is also important to remember that punitive damages may be on the line. Punitive damages are only awarded in extreme cases in Alabama, generally requiring that you prove wanton negligence or intent on the part of the liable party. For example, a truck driver who was drinking and driving with a BAC four times the legal limit could be considered grossly negligent. So could a trucking company that hired a driver with a known history of at-fault crashes and a suspended license. Your Montgomery truck accident lawyer can help you explore these options.

Start Your Claim with McPhillips Shinbaum

If you are owed compensation after a truck accident, the team at McPhillips Shinbaum is your next stop. Let’s talk about your accident, learn more about your injuries, and come up with a winning plan. Give us a call at 334-262-1911 or send us a quick message online to get started.

a car driving next to a truck in rainy weather that is one of the causes of trucking accidents

Causes of Trucking Accidents

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What are the causes of trucking accidents? Commercial trucks such as tractor-trailers, 18-wheelers, and delivery trucks pose a unique danger to passenger vehicles. Not only do the drivers of these trucks need to be highly trained and aware of these dangers, but other drivers also need to take precautions in their presence. What would seem like a minor error, such as failing to signal when turning, could result in a catastrophic crash with one of these massive vehicles.

In Alabama alone, there were 8,937 truck crashes in 2016, the year of the most recent data available from the state. This is a 54% increase from just five years prior. The fatality rate is also up 74% over five years, with 157 people losing their lives in truck crashes in 2016.

 

Causes of Trucking Accidents

The reason trucking accidents are so deadly is because of the size and weight of the vehicles. A fully-loaded tractor-trailer can weigh 80,000 pounds, and a 5,000-pound passenger vehicle is no match for one of these giants that is suddenly out of control on the road. These are dangerous crashes that can happen in a variety of ways and can be caused by several forms of negligence or carelessness.

Driver Error

The most common causes of trucking accidents are some kind of driver error. There are many mistakes that drivers can make which can lead to dangerous and deadly crashes. These include:

  • Drowsy driving or driving under the influence
  • Distracted driving
  • Driving aggressively or too fast for conditions
  • Following other vehicles too closely
  • Frequent lane changes
  • Improper turning
  • Not obeying the rules of the road
  • Failure to check blind spots

 

Poor Vehicle Maintenance

A commercial truck can drive thousands of miles in a single day. This adds up over several weeks and months, putting immense wear and tear on a vehicle. To keep up with this, drivers, trucking companies, and maintenance operations need to take measures to regularly maintain their fleet.

Failed equipment such as a cracked windshield or worn brake pads can lead to a major crash on the road. The truck driver is responsible for checking their rig before each driving shift. If they don’t do this or fail to maintain their equipment, they could be liable for an accident. Poor vehicle maintenance and failed equipment are causes of trucking accidents.

Equipment Failure

Failing to maintain a truck isn’t the only cause of equipment failure. Sometimes a critical piece of a truck’s equipment has a defect or was installed incorrectly. If it fails while a truck is at speed, the results could be fatal.

Some of the parties that could be held responsible in one of these situations include the designer or maker of the part. Other possibilities are the truck manufacturer, the installer, or the company that sold the truck.

Road Hazards

When there is something in the road that isn’t supposed to be there, this can create dangerous conditions. Most states and municipalities conduct road improvement projects, but they have a duty to clearly mark any changes in the terrain or upcoming lanes. If there is a failure to do this and a road hazard causes a trucking accident, those road crews could be held responsible.

Inclement Weather

Bad weather is a trucker’s nightmare. It slows down traffic and progress and limits visibility. Unfortunately, it is also one of the common causes of trucking accidents. When a truck is driving too fast for conditions, this can lead to jackknifing, hydroplaning, and skidding.

Improper Cargo Loading

There are industry-specific rules for loading cargo on commercial trucks. If these aren’t followed or if mistakes are made, a load can fall into the road or cause a truck to tip over, resulting in serious injury.

Speak with a Montgomery Truck Accident Attorney

If you or a loved one have been involved in a collision with a truck, finding the right truck accident attorney can save you time, stress, and money. Your attorney should have a proven record of aggressively pursuing the responsible parties in truck accident cases and have the resources to fully investigate the circumstances of your crash.

At McPhillips Shinbaum, LLC, we have built a reputation for helping clients achieve favorable outcomes in personal injury cases. We will be your staunch legal advocates as we fight for the compensation you deserve. Contact our Montgomery office now at 334.262.1911 or reach us online to schedule a free consultation.

a car driving next to a truck in rainy weather that is one of the causes of trucking accidents

Commercial Truck Accidents and Weather Conditions

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Anyone who has driven on a day where there is rain, hail, severe wind, or snow or ice knows that adverse weather conditions can definitely have an effect on vehicle performance. Indeed, when weather conditions are poor, it may be harder to see due to impaired visibility, and a vehicle may be harder to control or stop.

This same phenomenon, difficulty controlling a vehicle and driving safely when weather conditions are adverse, is not only true for drivers of commercial trucks, but heightened. Large trucks can weigh up to 20 times more than the standard passenger car, and can be even more difficult to stop and control, even when weather conditions are ideal. These factors make commercial truck accidents all the more devastating.

How Weather Conditions Affect Driving and the Risk of Commercial Truck Accidents

Information published by the U.S. Department of Transportation – Federal Highway Administration, provides a detailed look at the effect that certain weather conditions can have on roads, traffic, and vehicle maneuverability. Consider the following effects of weather, according to the data:

  • Wind. Wind may affect visibility distance, cause lane obstructions, affect traffic speed, increase accident risk, and impact vehicle stability and performance.
  • Precipitation. Precipitation can be a more dangerous type of weather condition, affecting visibility distance, pavement friction, roadway capacity, accident risk, travel speed, traffic, traction, and more. If water accumulates, the water level can also affect safety and accident risk.
  • Fog. The biggest risk of fog is that it can negatively impact visibility. However, in addition to visibility, fog can also impact traffic speed, driver capabilities and behavior, and accident risk.
  • Road temperature. When we think of risky weather, the above types are the most common that come to mind, but pavement temperatures can cause infrastructure damage that increases the chances of a crash and should not be overlooked as a potential risk.

The same source cited above also stated that on average, about 22 percent of crashes (of all motor vehicles, not just commercial trucks) are weather-related. Further, there are about 6,000 people killed in weather-related crashes every year.

Another study published by the Federal Motor Carrier Safety Administration analyzed causation factors for large truck crashes that occurred throughout the country over a period of approximately 2.5 years. Of the crashes recorded, investigation shows that nearly 5 percent of large truck crashes were caused by environmental factors, including adverse weather conditions.

Is Weather Always to Blame for Commercial Truck Accidents?

The statistics above show that weather can certainly increase the risk of a crash, and that commercial trucks may be harder to navigate when adverse weather conditions are present. Furthermore, one can assume that there are likely times when poor weather is the direct cause of commercial truck accidents and that drivers involved have little control or influence over an accident’s occurrence.

But bad weather does not mean that a crash is inevitable. In fact, when bad weather strikes, the thing that causes an accident is almost always the actions of the driver of the motor vehicle involved, not the weather itself. When adverse weather conditions are present, drivers are tasked with the duty of operating commercial vehicles with a heightened sense of care, which may mean slowing speeds, taking an alternate route, taking turns with more caution, or even ceasing operation until adverse weather conditions clear.

Working with an Experienced Truck Accident Lawyer in Alabama after a Crash

If you have been involved in a commercial truck accident while driving in adverse weather conditions, you may be wondering whether or not you can bring a claim against the trucking company, or if weather–an uncontrollable phenomenon–was to blame. While it is true that weather can increase the risk of a crash and make vehicles more difficult to control, if a truck driver acted negligently, such as driving at a speed that was unsafe for conditions, you still have a cause of action and a right to recover damages.

To learn more about how to bring forth a claim and recover damages for your harm, or the harm of a loved one, after a commercial truck crash, contact our Montgomery truck accident lawyers at the law offices of McPhillips Shinbaum, LLP for a free consultation today. We can be reached at (334) 262-1911 or through our website contact form.

 

Tractor Trailer

Woman Dies in Accident with Tractor Trailer

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A woman has died after colliding with a semi. Lashunda Patrice Wells, 38, of Tuscaloosa, was driving on Interstate 65 near Hayden, Alabama, in Blount County on July 1st. For reasons not yet reported, Wells lost control of her 2005 Nissan Altima. The Altima struck a metal guard rail, bouncing back into traffic. When the car returned to the lanes of traffic, it was struck by a 2005 Peterbilt tractor trailer, as driven by Rick Griesbach, of Westborough, Wisconsin. The Altima then came to rest on the center concrete median. Wells was pronounced dead at the scene of the accident. Griesbach was uninjured.

Tractor-trailers and semi trucks can be highly lethal presences on roads and highways. While many professional truckers are experienced and skilled at what they do, there is simply more risk of harm involved should anything go wrong on the road either with or near a large truck. Tractor-trailers require almost 150% as long to come to a complete stop when traveling at highway speeds than would a passenger vehicle. Factors such as weather conditions can also come into play, as can any excessive wear-and-tear on the truck’s tires. Where a passenger vehicle may have been able to swerve around a car that quickly merged into traffic, tractor trailers bear a much greater risk of jackknifing or overturning, due to the weight of cargo in the trailer. Thus, attempting to avoid a hazard in the road could result in even more damage than simply colliding with the car or object immediately in front of a tractor trailer.

Accidents with tractor trailers or other large trucks can be highly destructive. Due to the number of components that can fail on a large truck, and the various parties that may be involved in maintaining, operating, and owning a tractor trailer, legal and factual issues involved in an accident with a tractor trailer can be convoluted and hard to keep straight. If you or a loved one have been injured in an accident with a semi truck or tractor trailer, seek experienced legal help to determine if you may be owed compensation for your injuries in the crash. Contact the skilled Montgomery, Alabama personal injury attorneys at McPhillips Shinbaum to discuss your options. Our truck accident attorneys are available to offer a free consultation on a possible claim for individuals based in and around Montgomery, including Coosada, Pike Road, Deatsville, Lapine, and Titus. Call 334-262-1911 today.

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Two Teenagers Die In Collision With Large Truck

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A West Alabama football player died in an automobile accident over the Labor Day holiday weekend. Nineteen-year-old Anthony Robinson was traveling with his 12-year-old cousin on Highway 43 near Robinson’s hometown of Linden, Alabama when both were killed in a collision with an 18-wheeler.

In 2009, large trucks logged nearly three billion miles and caused nearly four thousand deaths. Even after 10 years of decline, large trucks still killed 73 Alabamans in 2009. Fully loaded trucks are simply so huge that they are very difficult, if not impossible, to stop suddenly. Some of the serious or mortal injuries that may result from collisions between a large truck and a passenger car or light tuck include:

  • Burns. If the large truck’s diesel fuel happens to catch fire, the fire can be much hotter and much more intense than a gasoline fire. Severe burns can mean a series of painful skin grafts. Many patients do not survive this procedure. Even if they do survive, there may be permanent disfiguring scars and other permanent injuries.
  • Crushed body parts. Because a large truck has such a hard time stopping, it frequently pushes the other vehicle like a snow plow until both vehicles come to rest against a bridge or embankment, or some other hard and unforgiving surface. By the time the first responders arrive and free the trapped occupants, their legs or arms may have been crushed by the car as it collapsed around them.
  • Severe trauma injuries. Even if the occupants are wearing seat belts and the air bags properly deploy, the sudden force of the impact can frequently cause head, neck and spinal injuries.

The attorneys at McPhillips Shinbaum conduct their business according to one guiding principle: dignity. That commitment means that our attorneys always treat you with the respect you deserve, whether that means promptly returning your phone calls or being as prepared as we can possibly be before we go into court. Contact McPhillips Shinbaum to schedule your free consultation.

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Truck Accidents and Their Causes

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The Federal Motor Carrier Safety Administration (FMCSA) estimates that there are more than 3,000 fatal crashes and 100,000 other crashes involving large trucks in the United States each year. Considering the huge number of trucks on the roads transporting needed goods throughout the country, a significant number of accidents are inevitable. Nonetheless, an awareness of the common causes of truck accidents can help us to avoid them.

The FMCSA conducted an important study in 2007 on truck safety which emphasized a number of factors that are still helpful today:

  • Driver exhaustion. With pressure to make deadlines, driving drowsy is more common among truck drivers than other drivers. Given the size and weight of a large truck, the danger is magnified.
  • Truck driver error. Though many trucks have signs communicating that their drivers have limited visibility on the side, many car drivers do not realize this. Truck drivers often cannot see other drivers making common driving techniques are more difficult, leading to more mistakes.
  • Error by other drivers. When a car driver stops short, swerves, or does something dangerous on the road, another car may be able to avoid the hazard. Because of its size, a truck is much slower to respond and is therefore more likely to crash in these situations.
  • Drug use. Two of the top ten factors cited by the FMCSA involved prescription and over-the-counter drug use. The long hours of a truck driver’s lifestyle often lead to a lack of exercise and an intake of unhealthy food. Many truck drivers suffer from obesity and other health related ailments. The medications they take to treat these ailments are a significant risk factor in trucking accidents, along with illegal substances taken to keep them awake and driving when they should be resting.

If you have been in an accident involving a truck, contact us for a consultation and review of your case to see how we can help get you the compensation you deserve.