How Likely Are You to Die in a Truck Accident?

Let’s assume that you’re in a wreck with a big rig.  Are you more likely to survive, or pass, as a result of injuries sustained in that accident?  Today, the Car Crash Captain is looking at truck accident fatalities – the truth about sharing the road with commercial vehicles.

Big Rigs on Our Highways

There are around 13 million trucks on the roads in the US – about 3 million of them are semi-trucks.  That’s about 4.5% of vehicles out there (1% if only counting semi-trucks).  However, trucks account for 10% of fatal vehicle accidents.

Factors Contributing to Truck Accident Fatalities

The biggest reason there are so many more fatal truck wrecks comes down to one factor.  They are so much bigger than the average passenger vehicle.

A fully loaded semi-truck clocks in at as much as 80,000 pounds.  A passenger car weighs just 3,000 to 4,000 (SUV’s and pickups can be a bit heavier).  Just like if you and a toddler collide, the toddler will sustain more damage than you do as an adult – the smaller vehicle will sustain more damage and the occupants inside are more likely to be injured or killed.

Combine that size disparity with other factors like:

• Blind spots: big rigs have larger blind spots than smaller vehicles.
• Braking distance: big rigs require more distance to stop and bad rear-end wrecks can occur.
• Driver fatigue: commercial drivers are on the road for a long time; drowsy driving can be an issue.

And the result is that wrecks are often much more severe with trucks, and lead to truck accident fatalities more often.

Common Causes of Truck Wrecks

While technology is improving, the fact remains that there are still a lot of crashes on US roadways every year (some 400,000 truck accidents occur every year).  And a lot of those crashes boil down to driver negligence.

• Distracted Driving
• Impaired Driving
• Unsafe Driving

And sometimes it’s a third party that’s negligent.

• Mechanical Failures
• Improper Loading
• Illegal Management

Inexperience leads to a higher risk of causing fatal truck accidents as well.

How to Protect Yourself on the Roadways

There’s not a lot you can do about another driver who is driving distracted, impaired, or unsafely.  We have to hope that every driver out there is looking out for the best interest of others on the road.  However, you can protect yourself by being vigilant and driving defensively.

• Avoid driving in blind spots.
• Maintain safe distances
• Give more room in adverse weather
• Stay extra aware
• Maintain your own vehicle

By doing a little extra, you can often spot an unsafe driver before they become an issue to your own safety.

Herbert Law Group is on Your Side

Trucking is an important part of the US economy.  Without trucks moving goods back and forth, our shelves would be empty, fewer jobs would be available, and our favorite products wouldn’t be found.

If involved in a wreck, however, the trucking companies are going to protect their own interests first.  They don’t want costs to increase, and they don’t want to pay out large settlements.  So, they have teams that work hard to ensure a settlement for a truck wreck is as low as possible.

Herbert Law Group is on your side.  Have you been injured in a truck wreck?  Has a loved one died in an accident with a semi-truck or other commercial vehicle?  Then you need to be compensated fairly.

Let’s talk about what happened, and see how we can help.  Call our offices at 214-414-3808, or fill out our contact form and we’ll be in touch with you for a free conversation on how we can help.

What the Trucking Industry Doesn’t Want You to Know

Truck drivers play an important role.  We saw what happened when COVID messed up the supply chain – things all but ground to an absolute halt.  Without the trucking industry, America wouldn’t run.  Shortages would be everywhere, and the bulk of everything we rely on just wouldn’t be available.

Just as important as that job is, safety on the roads is important too.  When something goes wrong, and trucks crash, the trucking companies and their insurance providers are going to work hard to minimize the liability they assume.  The trucking industry has some dirty little secrets, and the Car Crash Captain is here to uncover them.

Destroying Black Box Data

Modern trucks are equipped with an Electronic Logging Device (and ELD) or an Event Data Recorder (EDR).  These things are like the black boxes on airplanes – they record all the data like speed, hours of operation, braking, and more.  They shouldn’t be messed with, but to try to protect themselves trucking companies might erase or alter the data that has been recorded.

It happens more often than one might think.  One notable case occurred around 2010 when a trucking company was found liable for $20 million after the judge determined there was “willful destruction of evidence” regarding the EDR.  Employees claimed the data was downloaded before the device was wiped, but nobody knew who downloaded it, where it was stored, or how to retrieve it.  They were found guilty of intentionally erasing that data.

Fudging Hours of Service Numbers

Regulations are in place that are very clear on how many hours a driver can spend on the road, and how many hours that driver must spend not operating the truck to become fully rested before the next stretch.  This has been huge in helping to prevent fatigue-related crashes.  In the days of paper records, it was easy to fudge those numbers, now it’s harder, but not unheard of.

In 2019 a crash in New Hampshire killed seven motorcyclists.  The owner of the company was actually sentenced to prison after an investigation found he had falsified the driver logs so his drivers could spend more hours on the road.  He also lied to investigators about showing his drivers how they can deactivate their electronic logging devices.

Hiring Unqualified Drivers

To drive truck, you have to go through a bit of specialized training.  This training ensures that the driver knows how to handle a huge vehicle, how to safely navigate roads, how to inspect the truck for roadworthiness, and more.  But there’s a big shortage on drivers, and some companies in the trucking industry are willing to cut corners in the hiring process and employ drivers with poor safety records, substance abuse issues, or even fraudulent CDL’s.

A crash near Aspen Park, Colorado occurred in June 2024 that killed a motorist.  The driver had been driving commercial vehicles in the US for 7 years, but never acquired his CDL here in the states (he did have a license valid in Mexico).  The company that hired him had a history of employing unlicensed drivers and ELD violations.

Lowballing the Settlement Offers

One of the sneakiest ways the trucking industry uses to get out of their obligations is to lowball a settlement and push the victim to make a quick decision.  Their goal is to pay out as little as possible, before the victim fully realizes the extent of their injuries, or the financial impact the wreck is truly going to have.

This happens all the time, which is why you need a truck wreck lawyer on your side.  A resident in Virginia was rear-ended on the interstate and fractured her left foot.  A seemingly small injury, but it cost nearly $150,000 in medical expenses, and she couldn’t return to work.  Adding those together, the insurance company offered a $450,000 settlement.  Her attorney, however, said that wasn’t going to cut it.  In the end, to avoid a lengthy trial, the company upped their settlement to $1.6 million.

Hiding Evidence

If there are no assets, it may be hard to get a company to pay for the damages they have caused.  Insurance is designed to protect assets, or to ensure payment if the damages exceed what a company has, but things can get complicated.  Some companies try to hide assets by operating under shell companies – they hope to reduce the amount they pay out if found liable because they can claim the company has no money.

Kal Freight, a trucking company that filed for bankruptcy in 2024 tried this tactic.  They transferred ownership of equipment to another company as they attempted to shirk their duties to their creditors.  However, the courts were able to “pierce the corporate veil” and find where the assets and money were being hidden.

Why You Need Herbert Law Group

The bottom line is that the trucking industry is all about making profits.  When they can reduce their liability, it means their profits can continue to rise.  Sometimes that means manipulating the data, erasing data, lying, or lowballing.  These acts might be legal (lowball offers) or illegal (erasing data), but all of them are rather unethical.

That’s why you need a truck accident lawyer that isn’t afraid to go after them and help you receive the settlement you truly deserve.  Herbert Law Group is on your side, fighting for justice.

If you’ve been injured in a truck accident, we need to talk.  Call our offices at 214-414-3808, and we’ll have a conversation about what happened and determine how we can help.  Can’t talk on the phone right now?  Get in touch through our contact form and we’ll reach out to you.

Understanding a Cargo Truck Accident

Most accidents with semi-trucks are accidents with cargo trucks.  But what we’re talking about here is when the cargo actually plays a part in the accident – what happens if you’re injured in a truck wreck because you collided with the cargo the truck was hauling?

The Car Crash Captain looks into cargo truck accidents, and possible scenarios where you would want the help of a Dallas truck lawyer to ensure you’re compensated for your injuries.

Unsteady Cargo Truck Accident

Even in a wreck, a cargo truck should maintain their cargo.  That means most of the time their cargo should be secured in such a way that it stays strapped to the truck unless they are involved in a really big wreck.  But we know that doesn’t always happen.

• Unsecured Cargo – If a truck is carrying cargo that isn’t secured, it can fly off the truck.  If it hits you, or you hit it, you shouldn’t be liable for damages.
• Improperly Secured – There are guidelines and specifications on how to secure cargo.  Steel coils will need different methods than lumber, which would need something different than foam insulation.  If it’s improperly secured it might look safe, but be far from safe.
• Unbalanced – Improperly loaded cargo can cause the trailer to become unbalanced.  Under the right circumstances, that can lead to a truck wreck.
• Damaged Securement – If the truck wrecks, and the means of securing the cargo is damaged, their contents can spill.  This can lead to more wrecks with passing vehicles.

It’s not always that the truck driver acted negligently, but there’s nearly always someone that acted negligently.  The truck accident lawyers with Herbert Law Group help figure out liability.

Who is Liable in a Cargo Truck Accident?

The first party looked at is always the driver.  Often they miss a step or overlook something along the way.  But it’s not always the driver who is at fault.

The trucking company may be the liable party.  If they didn’t provide the right materials to secure the cargo, encouraged the driver to skip steps, or their actions otherwise led to the accident, the company may bear some, or all, of the liability.

Often, however, there’s a third-party loading company.  The driver and the company that own the truck merely provide the vessel for transportation.  If the loading company tried to cut corners, they may be liable for the accident.

Even when there’s another party that’s liable, it often boils down to the fact that the driver should have double checked everything.

Damages You Might Recover

If you’re hurt, or a loved one is killed, in a cargo truck accident, what can you expect?  What damages do you incur that you deserve compensation for?

• Property Damage – Your vehicle is damaged, and you deserve to be compensated for that.  If you’re driving a vehicle, the settlement should replace that exact vehicle in its entirety.
• Medical Bills – You shouldn’t have to worry about paying for any medical bills incurred because of this wreck.  That includes bills you’ll face years down the road when injuries flair back up.
• Lost Wages – If you miss work because of the wreck, you deserve to be compensated for the time you couldn’t work.
• Pain and Suffering – Injuries go beyond physical and even mental.  Pain and suffering includes mental anguish, what you go through living life disabled, losing a loved one, and more.

Most insurance settlements will try to give you the lowest amount and hope you don’t take into account things like pain and suffering or injuries that come back in a few years.  A seasoned truck wreck lawyer, however, knows what to fight for.

Herbert Law Group Fights for You

What we fight for is you.  We know you’re hurting, and you need to focus on healing from injuries – visible or hidden.  So let us do that work for you.

It all starts with a phone call.  Let’s chat about what happened, determine how we can help, and device a plan from there.  Your cargo truck accident doesn’t have to be drawn out, we can get these things moving in your favor.

Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll get things started.

Truck Rear-End Accidents Are Common

Every year there are around half a million truck accidents each year around the country.  Approximately 20% of those are rear-end crashes; or, 125,000 crashes per year where the truck driver hits the back of the vehicle ahead of them.

What causes this?  Why are nearly 350 truck rear-end accidents every single day?  The Car Crash Captain looks at the causes, and what we can do to protect ourselves from being involved in a major wreck.

Common Causes of Truck Rear-End Accidents

Just like in a passenger vehicle, wrecks are often due to driver’s not paying enough attention to the road and the conditions.  When we look into wrecks with big rigs, we find similar patterns.  Common causes of this particular type of wreck include:

• Driving While Distracted
• Driving Under the Influence
• Driving Recklessly

Let’s dip into each of those a little more so we can understand what they entail.

Driving While Distracted is a Broad Concept

Most of the time we think of distracted driving as using a phone while operating a vehicle.  Yes, that is the most common cause – texting and driving takes your eyes off the road for much longer than you realize.  However, distracted driving also includes:

• Talking to other passengers
• Eating or drinking
• Fiddling with the radio
• Inputting coordinates into a GPS

Essentially anything that removes attention from the road can be considered distracted driving.

Driving Under the Influence

Fortunately, instances of drunk driving have decreased over the years.  That doesn’t, however, mean we are safer out there.  Distracted driving, and a surge in illicit medications that are supposed to make you more alert have taken the place of drunk driving.

Drugs and alcohol can both affect a driver’s ability to react on time.  Some may see the hazard, but not process it quickly enough.  Others may process, but perform the wrong action.  Overall, it’s a matter that a truck driver should never operate under the influence of anything (caffeine may be acceptable).

Reckless Driving is a Big Category

Rather than break out each part of reckless driving and make it a separate category, we’ve put most of the other causes into this one.  Reckless driving can include:

• Driving while tired
• Driving too fast for conditions
• Driving angry/road raging
• Blatant disregard for laws

Reckless driving is essentially driving in a manner that is unsafe for other drivers around.  Speeding and running lights, is obviously dangerous.  But often the large trucks will drive too fast for weather conditions under the assumption their size and weight will help them maintain control.

Establish Fault in Truck Rear-End Accident

Regardless of which reason the truck rear-ended you in an accident, the biggest priority is to show that you were not at fault for the wreck.  Drivers and insurance companies will say or do a lot to avoid paying out a claim – sometimes going as far as blatantly lying about what happened.

Herbert Law Group is here to help you when it comes to a truck wreck.  If you’ve been injured, your number one priority is to heal from those injuries.  Let us handle the hard stuff, we’ll show that the rear-end accident was not your fault, so you can receive compensation that fully covers what you’ve gone through.

Let’s talk about what happened, and come up with a plan.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll reach out to you.

TL;DR Version of What Not to Say – Stay Silent

As the subheading suggests, the best thing to say to an insurance adjuster after you’ve been involved in a major truck wreck here in Texas is nothing at all.  Of course, you can say something, you can say, “I’m working with the Car Crash Captain over there at Herbert Law Group, please direct any inquiries to them!”  The caller will likely persist, but that’s all you need to tell them; we’ll take it from there.

Naturally, though, you won’t be thinking clearly as a million things will be buzzing through your head after a wreck.  Especially if you’ve suffered major injuries and you’ve been given pain medication.

So, let’s review now and if something bad does happen, you’ll be able to recall this blog and remember to have them talk to the Car Crash Captain instead of you.

Don’t Admit Fault – Or Even Come Close

We know that you shouldn’t admit fault.  That would take away all your negotiating power and you’d likely ruin any chance at a settlement.  But what comes close to admitting fault?

• “I’m sorry.” – these words can be used against you.  You might as well say, “It was all my fault, I take full responsibility.”
• “I didn’t mean to.” – Even if you didn’t mean to become the victim, don’t imply that you did something to cause the wreck.
• “He might have been in my blind spot.” – Even if he was in your blind spot, if your vehicle was hit, you don’t need to justify where he was.
• “I couldn’t see him.” – See above.
• “I was driving too fast.” – All they need to know is that you were the victim.
• “I don’t like money so I don’t need a settlement.” – If you wouldn’t say this, then don’t admit any sort of fault.

Don’t Allow Them Access to Medical Records

When the wreck is being investigated, the insurance adjusters and their teams of lawyers will want to scrutinize everything.  However, without your permission (or a court order), they can’t dip into your medical records.  That doesn’t mean they won’t try.

You might think, “What’s wrong with letting them see how much pain I’ve been put through?”

The problem is that they don’t want to just see the medical records from this wreck.  They want to see everything from even before the wreck.  That way, everything you were treated for in the past is a potential pre-existing condition.  Something not caused by the wreck, and therefore not their responsibility to pay on.

Don’t Tell Them About Your Injuries

Just as you don’t want them nosing around in your past medical conditions, they don’t need extra information about the current ones either.  Because likely if you talk to them about your injuries, they’ll try to steer the conversation so you say something like:

• “It’s not too bad.”
• “I should heal quickly.”
• “I’ve suffered worse.”
• “I’m tough, I’ll recover.”
• “I want you to know these injuries aren’t nearly as bad as they seem, so really there’s no reason for us to pursue a settlement at this time since I’ll make a full recovery simply by willing it to be so.”

That last one.  You might not say it in as many words, but they can twist your words into something that means that exact thing.

Don’t Provide a Recorded Statement

No matter how closely you guard your words, you may end up saying something that can be taken out of context.  If you agree to a recorded statement, then you agree to have bits of your recording played back, without the supporting words around them.

Any time the insurance company wants to have your recorded statement, they have to tell you the conversation will be recorded (they may say “for quality control purposes” but what they mean is “to support our case against you so we don’t have to pay as large of a settlement.”).  As soon as you hear them mention they’re recording anything, you just have to say, “Please direct all inquiries to Herbert Law Group.”

Don’t Discuss Circumstances of the Truck Wreck

You are under no obligation to share what happened with the insurance company.

They can get the official report from the police, or talk to your truck wreck attorney about it.

Don’t Open Up to Your Goals and Hobbies

It might seem like a good idea to talk about goals and hobbies to show how the wreck has thrown off your plans for life.

You were once an avid rock climber, but now you can’t climb anymore.  The truck wreck has ruined your hobbies forever.  You might be thinking you could get a larger settlement because of this.

What the insurance company is thinking is, “How can we show those injuries were really caused by a rock climbing accident that happened before the wreck?”  This is also why you should skip posting on social media until your wreck has fully settled, and lock down your account so nobody can get on there and any activity.

Herbert Law Group Has Your Back after a Texas Truck Wreck

It sounds like a lot of work.  In reality, it’s easy: just don’t talk to the insurance companies any more than telling them that you’re working with Herbert Law Group.

Our job is to handle insurance and the legal aspects of your wreck.  Your job is to heal from the injuries that you’ve sustained due to someone else’s negligence.

Let’s get started.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you.

How to Avoid a Collision with a Wide Turning Truck

Because of their sheer size, trucks aren’t able to make turns as easily as passenger vehicles.  You have probably been at an intersection that gets congested because of the need to swing wide – often because an unknowing motorist ends up in the truck’s way causing them to stop until things can get cleared up a little bit.

It’s a common issue, but it can also lead to dangerous wrecks if the truck driver, or the motorist, lacks experience.  Today, the Car Crash Captain takes a look at what these wide turning trucks can do, and how we can all stay safer on the roads.

What Happens when a Truck Turns?

Wide turning trucks often cause issues on older and narrower streets.  Because they’re hauling a trailer that makes the overall vehicle around 72 feet long, they can’t just pop into any old turn like we can in our little four-wheel rigs.

Right hand or left hand means they have to adjust the approach, or the final aspect of their turn – it often means they’re crossing into another lane to do so.  Inexperienced truck drivers or inattentive and inexperienced motorists may not recognize the turn, or be able to indicate their intent, and a wreck can occur.

Due to the size of the truck and the inability to see in large blind spots, these wrecks can be devastating, even at slow speeds.

What’s a Squeeze-Play Turn?

One of the more common wrecks is known as the squeeze-play turn.

Suppose a truck rolls on up and wants to make a right-hand turn.  But they can’t just turn right, or they’ll be hopping up and over the curb; maybe knocking over a light pole.  There’s traffic coming from their right, so they can’t swing wide into the oncoming lane as they complete the turn.

To help them around the corner, they often turn left, then swing it back to the right.  Doing so can cause the turn signal to turn off, and a motorist behind them sees the truck start to the left and they assume they’re making a left-handed turn; so, they pass on the right.

The truck then swings back to the right, and the motorist, especially if they’re in a small car, can get caught underneath the truck’s trailer.

Who is at Fault in these Wrecks?

It can go either way in these accidents.  In the aforementioned squeeze-play, it’s likely that the motorist would be at fault.  But what if the truck driver truly did signal “left” on accident?  A dash cam is incredibly handy in that situation.

In other situations, it all boils down to if the trucker was acting negligently, or doing his or her best given the roads they’re required to drive on.  Was the motorist in the wrong place, or was the truck driver impeding their travel?

Why You Need a Truck Accident Lawyer

If you were in a wreck with a big rig, then you need a lawyer to help you out.  Most trucking companies have lawyers on their side, and as soon as there is a wreck they’ll be making calls to insurance companies and legal representation.

The insurance companies will come out and assess what happened, and they’ll work their tail off to make sure the truck driver wasn’t at fault, or at least to show you’re partially at fault.  You need your own legal team to help ensure you’re not trampled legally, and you find justice.

Herbert Law Group is on Your Side

Herbert Law Group is all about ensuring your justice.

We know how to handle insurance companies, we know how to look at these wrecks, and we know how to show that you are an innocent victim.

Wide turning trucks can cause issues, but no matter how your accident happened, let’s talk about it and see how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll reach out to you for your free initial consultation.

How to Handle a Texas Truck Tire Blowout Wreck

One of the leading causes of truck tire blowouts is negligence.  The driver failed to fully inspect the tires, and one of them blew on the highway.  Worn tires, or those that are close to blowing, should be found during routine maintenance and checks, a blowout is a sign that something was missed.

The Car Crash Captain fills us in on what to do, and what to expect, if we’re involved in a wreck from a blown-out tire.

What to Do if hit by Truck Tire Blowout

You have likely seen the aftermath of a blowout – debris on the road.  If you’re ever in the unfortunate situation where your vehicle is hit by the debris and wreck, here’s a few points that you should follow to help your Texas truck accident case go smoothly.

1. Try to stay calm and guide the vehicle to stop without major swerving.  Brake steadily (not hard unless you’re avoiding another obstacle) as you pull over.
2. Check for injuries with you and your passengers.
3. Call 911 and let them know if what happened and where you are.
4. Document the accident.  You, or an uninjured party, should take pictures of everything.  Making a video and narrating what happened can be useful, but be sure not to admit any fault.
5. Gather names and contact information from witnesses.
6. Exchange insurance information with the truck driver.
7. Contact Herbert Law Group, your Texas truck accident lawyers at 214-414-3808.

Who is Liable After a Blowout?

When it comes down to it, the truck driver is responsible to ensure that their vehicle is in good working condition.  Every time they stop, they have a series of checks to perform.  This includes checking their cargo, straps, and equipment.  They should be checking to ensure that each tire is properly inflated, they haven’t worn out too much, and they aren’t going over their mileage limits on the tires – just like with a passenger vehicle, more miles mean the tire is getting close to being worn out completely.

Liability for the blowout, and accident that resulted, can fall on the driver if it’s shown they weren’t diligent on maintaining the vehicle.  However, as we know, truck accident liability isn’t always easy to pinpoint; there are times when manufacturers or installation crews were negligent.

Many trucking companies have legal teams that will find any way they can to push the liability back onto you.  Don’t try to engage with them, without a deep understanding of the law it’s going to be hard.  Even if they do admit fault, the settlement option might not be enough to cover all of your injuries – they’re hoping you settle quickly and they can move on.  You need a professional Texas truck accident attorney.

How Herbert Law Group Helps with Truck Accidents in Texas

That’s where Herbert Law Group comes in.

We know what to look for to prove who was liable for the accident.  We understand how to reconstruct the scene, which companies might have played a role, and ultimately can help show exactly who is liable.

Then, it goes even further.  Proving liability is one thing, but collecting a settlement that will be sufficient is another.  Herbert Law Group knows how much your accident will cost to help you keep living life, and we’ll fight for justice so you aren’t left with unnecessary financial stress.

Let’s chat about what happened, and we’ll figure out how we can help.  Call our offices at 214-414-3808, or fill out the contact form on our site and we’ll be in touch.

What Happens When a Commercial Truck Driver Falls Asleep?

Driving while tired has been compared to driving while drunk.  Many experts actually believe that tired driving is even worse.  Even with all the knowledge out there, many people still get behind the wheel and try to push through to their destination.  When Texas truck drivers fall asleep at the wheel, it can be disastrous.

The Car Crash Captain has the details on what happens when a commercial truck driver operates while tired.

The Results of Commercial Truck Crashes

Due to their size, commercial truck crashes are inherently more dangerous and deadly than other motor vehicle crashes.

According to the Texas Department of Transportation in 2023 there were:

• 38,909 commercial vehicle accidents
• 620 fatalities
• 1,687 serious injuries

There may be even more that were failed to be reported.  There aren’t, however, statistics on how many of those crashes were due to driving while fatigued.

Why Do Texas Truck Drivers Fall Asleep?

The bottom line: Texas is pretty big.

With over 3,200 miles of highways in Texas (that’s not including all the side streets and those not determined to be highways), there are a lot of miles for drivers to navigate.  Some of those roads are long, straight, and frankly a bit boring to drive.

If you have ever taken a road trip, you know that while you’re cruising along, even well rested, you can nod off as your mind drifts elsewhere.

There Are Federal Regulations

Federal regulations try to curb the unfortunate fact that drivers get tired while driving.  Most of these have to do with the number of hours a driver can drive without a break, how many days in a row, and how long of a rest they have to put in between “shifts.”

We have written about these “hours of service” laws before.  Rather than repeat them here, check out the blog about Hours of Service Laws for Truck Drivers.  You can also read the official legal rules on the FMCSA website.

Who is Liable if Texas Truck Drivers Fall Asleep?

When a motorist crashes, it’s nearly always the fault of the person operating that vehicle.  However, when a truck driver crashes, liability can land elsewhere.

Read more: Understanding Third Party Liability in a Truck Accident

When it comes to a driver falling asleep, it sounds like it should be clear that the driver is at fault.  He, or she, fell asleep when they should have stopped to rest, right?  Not so fast.

With modern electronic logs, it’s harder for companies to push drivers to go beyond their legal limits of driving, but it does still happen.  If a truck driver has been forced to drive more than the federally allowable hours, at the threat of losing their job, they might not shoulder the entire blame for the wreck.  Liability could at least partially fall on the trucking company.

How Your Texas Truck Accident Lawyer Helps

Herbert Law Group knows truck accidents.  We understand how they happen, why they happen, and what needs to be done to pursue quick justice.  We know how to recreate the scene, get information that could otherwise be deleted, and track down the truth.

We do all of that for you, so you have to do one thing: heal from your injuries.

If you’ve been in a Texas truck accident, we need to talk about what happened.  Call our offices at 214-414-3808, or fill out the contact form on our site, and we’ll reach out to you for a free conversation so we can determine how we’re able to help.

How Cargo Load Affects Safety on the Road

Trucks keep America moving.  Without them goods wouldn’t be transported, and shelves at all of our favorite stores would be bare.  They’re essential, but they also have strict rules to follow to ensure safety on our highways.  When improperly loaded trucks hit the road, the results can be catastrophic.

The Car Crash Captain looks at the most common ways that semi-trucks are improperly loaded, and what can happen when the regulations aren’t followed.

Not All Trucks are Created the Same

Some commercial trucks can handle larger and heavier loads.  Some aren’t designed to carry as much.  When a smaller truck is overloaded, it’s just as dangerous as a large truck that’s overloaded.  We’ve rounded up the most common improperly loaded cargo issues, but there are certainly many others that can lead to accidents on our highways.

Improperly Secured Cargo – Different loads have different securing regulations.  A truck hauling logs will be secured differently than one hauling toilet paper.  But improperly secured cargo goes further than just the type of cargo.  The wrong straps, worn straps, or the incorrect strength tie-downs can all lead to improperly secured cargo wrecks.

Uneven Cargo Distribution – The weight of the cargo has to be distributed properly throughout the trailer so that it pulls evenly.  It’s also based on where in the trailer the weight actually ends up.  Check out this short video that shows how the wrong weight distribution can cause disastrous effects.

Overloaded Cargo – Too much cargo can mean that the truck is over the weight limit.  Stopping is much harder, brakes can fail, and it’s harder to maintain control.  Overloaded also means the bulk is too big and can lead to other issues with driving on highways.

Improperly Braced Cargo – Bracing is often done with heavier objects.  Rolls of metal, concrete tubing, and more not only require straps to secure them, they require braces to ensure they don’t roll or move during transit.

Cargo Obstructing Views – Drivers need to be able to see what’s going on.  If the cargo is loaded in a way that the driver cannot see around it, they are more likely to have an accident.

Common Accidents due to Improperly Loaded Trucks

• Jackknifing – Improperly loaded trucks can jackknife more easily.  If you watched the video above, you can see how the weight distribution can cause the trailer to spin out from behind the vehicle.
• Rollovers – Overweight vehicles, and those with too much weight up high, can end up rolling if they take a turn too quickly.
• Cargo Spills – Unsecured cargo, or improperly secured cargo, can spill onto the roadway.  The truck may not be in the accident, but the spilled cargo can cause multiple wrecks.
• Loss of Control – Overweight vehicles are harder to control.  Not being able to stop on time is a form of losing control.

Herbert Law Group Helps Truck Accident Victims

Truck drivers are trained on how to load their vehicles.  They’re also trained on how to inspect their loads to ensure they’re properly secured before hitting the road.  When an improperly loaded truck is involved in an accident, the driver may be liable (or the trucking company, or the loading company, or even a third party).

Because it’s not always as easy as saying the driver caused the wreck, that’s why you need Herbert Law Group after you’ve been injured in a truck accident.  We’ll help you collect compensation that fully covers the injuries you sustain.

Let’s talk about what happened.  Call our offices at 214-414-3808 and we’ll have a free conversation to find out how we can help.  You can also fill out the contact form on our site and we’ll reach out to you.

When Safety Records go Unchecked

The Federal Motor Carrier Safety Administration (FMCSA) has specific rules for those operating commercial vehicles.  These rules define everything from truck maintenance to driver training, and even how many hours a driver can operate the truck in any given day or week.

When the rules are broken, ignored, or otherwise falsified, the ripple effect can be devastating.  The Car Crash Captain takes a look at what these safety regulations are all about, and what happens when a commercial trucking company has a bad safety record, but continues to operate.

What Happens when a Trucking Company Breaks the Rules?

Depending on the severity of the rules broken, and the frequency of broken rules, the FMCSA can impose penalties and fines to the trucking company.  If things don’t change, or the violations are severe, the company can be ordered to cease operations completely.  This happened to Ekam Truck Lines in 2017 due to an unsatisfactory rating – they were given the opportunity to improve, but failed to comply and were ordered to shut down operations.

All commercial trucking companies have to follow a standard list of rules to stay in good standing and be able to continue operating.  Some of those rules include:

• Hours of Service: Drivers are limited to how many hours per day and per week they can drive.  These hours are logged digitally in most cases and it’s harder to break this rule than it used to be.  Learn more about the hours of service limits on our previous blog.
• Cargo Weight Limits: You’ve seen the trucking weigh stations on the highway, these are to ensure that a fully loaded semi-truck stays under the 80,000-pound limit.  This helps keep the road from wearing down too fast, and to diminish severity of accidents if they do occur.
• Maintenance and Equipment Inspections:  Trucks have to be maintained and inspected regularly.  Just as it’s illegal for you to drive your car with tail lights that don’t work, so it is for trucks.  Their inspections and maintenance go much further than lights though, and inspections are required before each trip.
• Drugs and Alcohol: Truck drivers cannot take drugs (even prescription drugs must have a statement by a doctor saying they won’t affect their ability to operate the truck) or alcohol within 4 hours of the beginning of their drive.

There are far more regulations that help to ensure truck drivers operate on the road safely with the rest of the motorists out there.

What are the Consequences of Ignoring Safety Records?

Just like in life, consequences range depending on the severity of the infraction.

Warnings – For those first offenses that aren’t serious or egregious, the FMCSA may file a written warning.  If the infraction is corrected, there aren’t longer lasting consequences.

Fines – If it is determined that the company failed to follow guidelines, they may be fined.  If the problems aren’t corrected, the fines can pile up and become quite extensive.

Drivers Removed – Sometimes the driver is the problem.  In these cases, the company and the individual can face penalties including individual fines, loss of license, or retraining.

Company Penalties – In the most severe cases, the company can face fines that cause them to go out of business.  If the fines have reached this point, the FMCSA may have already ordered them to shut down operations.

All of these penalties imposed by the FMCSA have one goal: to ensure that accidents don’t happen.  Every rule and regulation is there to help keep people safe on the road.  Each rule is carefully devised because it was seen that falling outside of those regulations caused injury.

The consequences of ignoring the safety records and violations can mean innocent lives are lost or permanently changed.

How Does Herbert Law Group Help Truck Accident Victims?

Because these issues aren’t as straightforward as they seem, you need Herbert Law Group after a truck accident.

Liability doesn’t always lie with the driver, the trucking company, or even a third-party maintenance company – it can be much more complicated than that.  If you’ve been injured, or a loved one was killed, in a commercial vehicle accident, it’s going to take a lot of work to get the compensation you deserve.

Let us handle that, you focus on healing.

Call our offices at 214-414-3808, or fill out our contact form, and let’s have a conversation about what happened.  We’ll determine just how we can help.