Crash History of Trucking Companies
So, you were involved in a motor vehicle crash. Worse yet, you were involved in a crash that involved a commercial motor vehicle! When such an unfortunate incident occurs there are so many questions that must be answered.
This blog will concentrate on the crash history of the trucking company. Specifically, did the trucking company have other crashes? If so, what steps did the motor carrier take to prevent future crashes? If you were involved in any crash involving a commercial motor vehicle, it is important to understand the history surrounding that trucking company. Was it a safe and compliant motor carrier prior to your event. I will work tirelessly to investigate the trucking company and if appropriate, pursue a claim on your behalf.
So what is a preventable crash? It is where a truck driver and/or motor carrier fail to act in a reasonably expected manner to prevent the occurrence. The concept does not just concern a driver’s performance, but also countermeasures a motor carrier should perform to prevent such crashes from occurring. So, you were involved in a motor vehicle crash. Worse yet, you were involved in a crash that involved a commercial motor vehicle!
There are a number of questions that must be answered when such an unfortunate event occurs. Who was at fault for causing the crash? Were there alternative and/or superseding events/issues/objects that caused the crash? Was the commercial driver abiding by his hours of service requirement? Was the commercial driver properly qualified pursuant to the Federal Motor Carrier Safety Regulations? How fast was the commercial driver operating his vehicle leading up to and at the point of impact? Were you injured? If so, are you receiving the necessary medical attention for your injuries? Is valuable evidence from the crash being preserved? These are some, but not all of the reasons why it is important to contact an experienced trucking attorney if you or a loved one is involved in any crash involving a commercial motor vehicle. I work tirelessly to ensure you have answers to all the above question/issues. If appropriate, I can also pursue a claim on your behalf against the wrongdoer to ensure you receive justice.
What are some of the potential causes when a trucking company experiences an excessive amount of preventable crashes? My blog today will concentrate on the lack of supervision and the need for more safety control, specifically as it concerning teaching and employing the principles of defensive driving.
What are some countermeasures that a commercial carrier should take to prevent its drivers from becoming involved in crashes from occurring. The Federal Motor Carrier Safety Administration says that motor carriers should perform a) crash preventability evaluations; b) driver safety infractions; c) fleet safety programs and supervision; 4) company driver manuals; 5) driver training aids; and 6) teach defensive driving. Again, my blog today will concentrate on teaching and ensuring drivers are utilizing defensive driving techniques at all times.
So why is defensive driving important? Defensive driving helps to prevent crashes by trying to anticipate hazardous situations and adjusting driver behavior to compensate. It teaches an individual to hopefully recognize a hazardous situations to allow time to safely maneuver past those hazardous situations. A defensive driver assumes that other drivers may make mistakes and is on guard in the event an error is made. A defensive driver searches ahead of what is immediately in front and allows them to have advance warning of approaching hazards. So what are some of the issues the experienced trucking attorneys at Bordas & Bordas will investigate upon learning that a trucking company had other preventable crashes before your event:
1. Did the trucking company ever have a qualified person ride along with its drivers to evaluate their driving actions and ensure they are driving defensively;
2. Did the trucking company ensure through evaluation and discussions that each of its drivers understand how they should be driving to be defensive drivers;
3. Did the trucking company ensure that its drivers recognize that situations like crossing intersections, entering expressways and stopping can be hazardous;
4. What specifically does the trucking company do to encourage driving defensively;
5. Has the trucking company offered and/or provided to any of its drivers defensive driving training;
6. Did the trucking company have a crash review program for classifying preventable and non-preventable crashes; and
7. Has the trucking company defined a standard for judging safe driving performance for its drivers.
These are all important issue to explore when a trucking company employs/allows any individual to drive a tractor trailer which injuries you or a loved one. Why? A trucking company has an obligation to employ safe drivers. It cannot just put warm bodies behind the wheel of these huge pieces of equipment. A trucking company is not just obligated to hire drivers who on paper appear to be safe drivers, but to also ensure that each individual can safely operate and employ the principles of defensive driving. Otherwise, a claim may exist against the trucking company for not only negligently entrusting a tractor trailer to a specific driver, but also for being independently negligent because it failed to ensure the driver knew/understood safe driving practices when operating these massive vehicles. Please call us at Bordas & Bordas to discuss your specific situation.