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Fatal truck accidents are unfortunately a very common thing. There were close to half a million this past year, and this number is going to increase again if past trends are to be considered. Dealing with the consequences of a lost loved one in these circumstances is a tentative thing, and one that should be explored carefully. How are the reasons behind fatal crashes determined, and what makes trucks one of the leading causes behind this type of incidents? This guide has the answers.

What Are the Leading Causes of Fatalities?

There are multiple factors that make truck related road incidents dangerous. Fatalities can happen in collisions regardless of the vehicles involved, but when a truck causes the events, the risk is increased significantly. The causes for this are quite straightforward and are explored in more detail below.

The Size and Weight of Trucks

Trucks are amongst the largest vehicles in the world. They can reach weights of 80,000 lbs., but this is the legal cap, and all fleets have to adhere to these regulations. That being said, sometimes trucks with lower capacity are still overloaded to cut costs, or because of human error, and this makes it even more dangerous in terms of handling and impact if a collision occurs. They will be more difficult to manage for the driver and cause untold damages if they come into contact with other vehicles.

Speeding

The impact of this alone is enough to make speeding a major concern. If a truck driver is trying to make up for lost time because of a bout of traffic, or just to get the journey over with faster, then they are putting everyone else around them at risk. It is difficult to predict response times under normal driving circumstances, so when speeding is a factor, it is even more unpredictable to successfully determine braking times or distances. This puts all the other road users at risk of being collided with and there is a strong possibility of that leading to a fatality. If speeding is suspected, the data should be accessible through the truck’s black box data which will tell an attorney or other investigating party everything they need to know.

Poor Weather

Nobody can control the weather, but truck drivers are professionally obligated to plan for the journey ahead by looking into what will be happening in the skies along their route. Weather changes rapidly, and one hour’s difference can bring a thunderstorm directly into your path. This means, truck drivers should always observe the weather every step of the way and make appropriate adjustments or accommodations if their route demands it. While pulling over and taking a break means a job will take longer and risks other complications such as fatigue, it is worth it when you consider that fatal accidents are often caused by mishandling in poor weather.

Using a Mobile Phone

It is illegal for any road user to use their mobile phone while behind the wheel and actively driving. However, it does still happen and remains a primary cause of road-based fatalities. It is not difficult to imagine that truck drivers using mobile phones (whether that is texting, calling or scrolling through reels) are significantly increasing the scope for a fatal collision to take place. This kind of reckless driving is harmful to anyone around, and the consequences can be catastrophic.

Truck Driver Tiredness

The last key factor behind fatal truck accidents is driver tiredness. There are long journeys and driving is difficult over big stretches, and that is why there are strict policies regarding break taking and length of shift. However, these are not always followed or another factor like illness plays a part and leads to a driver simply not being awake or alert enough to safely manage the truck. A travel log can be checked to ensure the driver was operating legally and took the proper precautions before they started driving.

The Steps to Take After a Fatality Occurs

The impact of losing a loved one can never be put into words. However, as a family member, you are entitled to seek justice on their behalf, and you can do this by contacting our offices of law. Our team of attorneys has the experience and determination to fight your case, and we will tell you crucial things such as what not to say and which evidence you could need to present in order to successfully represent the facts.

Here are some key stages to be aware of.

The Truck Will be Observed

Everything about the truck including the black box data will be investigated. This is to rule out mechanical faults and dangerous driving actions. These should all be recorded by the company and kept in a secure log. Evidence of tampering or misinformation will be exposed, so don’t worry too much about that.

The Driver Investigations

Then, if the truck is found to be okay, the driver will be investigated too. They are likely to be checked for alcohol levels at the scene of the accident, and these results will be factored into the investigatory process. Their health history will be dived into including any current conditions they are suffering from too. Anything that could have played a role, will be uncovered.

Evidence and Witness Statements

The final stage will be about gathering further credible information that could explain or influence the outcome of the case. These are the people who may have seen the accident taking place from another vehicle or roadside, and other things like any video footage from the scene as well. Everything can be relevant, so no stone will be left unturned.

Truck accidents happen for so many reasons, and when a fatality occurs it is an even more sensitive situation. It is only natural to want to find answers and understand what happened while securing compensation for the damages and emotional strain it has caused. The investigation process is long, but always easier with an experienced attorney by your side.

There is no time to delay, so get in touch with us at William J. Luse Accident & Injury Lawyers.

You can visit us at 917 Broadway St, Myrtle Beach, SC 29577

Or call now for a free consultation on (843) 839-4795.

Studies show a lack of sleep impairs a person’s driving abilities in ways similar to alcohol. These studies show that staying awake for at least 18 hours has the same effect as having a blood alcohol concentration (BAC) of 0.05 percent.

Although fatigued driving is dangerous, many people get behind the wheels of their vehicles despite feeling tired or lacking adequate sleep. Fatigue often causes reduced reaction times, lack of coordination and motor skills, and poor decision-making.

According to statistics from the National Safety Council, an estimated 50,000 injuries and 800 fatalities occur in drowsy driving accidents every year. Truck drivers are at an increased risk of driving while tired. They spend much of their days on the road, working long hours and traveling far distances. Many truckers don’t get the rest they need to operate a commercial truck safely.

Driving a large truck, such as a tractor-trailer, requires experience, skill, and focus. It’s challenging for truck drivers to notice dangerous conditions, follow traffic signs, and react quickly when they feel fatigued. When an accident occurs, the occupants of smaller vehicles typically suffer more severe injuries than the occupants of a truck.

Why Driver Fatigue Is Dangerous

Drowsiness from a busy schedule, lack of sleep, or another factor impairs the physical and cognitive functioning necessary to react appropriately to adverse situations.

Some common symptoms of fatigue include:

• Difficulty recognizing dangerous conditions
• Poor decision-making skills
• Reduced motor skills
• Impaired muscle control
• Slower reaction time
• Blurry vision
• Poor judgment
• Altered depth perception
• Extended periods of inattention
• Becoming distracted easily
• Trouble reading and understanding traffic signs
• Reduced or loss of coordination

Truck drivers are supposed to take breaks and follow other federal regulations while driving commercial motor vehicles. If they’re not well-rested and alert at the wheel, they could lose control of their truck and crash into nearby vehicles, pedestrians, or stationary objects.

Common Reasons for Fatigue in Truck Drivers

Truck drivers and their employers must adhere to a set of regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). The hours of service regulations are particularly vital for truck drivers to follow. These safety guidelines aim to prevent driver fatigue.

Regulating the trucking industry might seem like an effective way to keep all vehicle occupants safe on the road. However, the FMCSA has no control over how much sleep truckers get. The administration can’t require a specific number of hours of sleep for drivers to operate their trucks. That means many truckers work long hours despite not getting the sleep necessary to perform at full-functioning capacity.

Sometimes, trucking companies force their employees to violate the hours of service regulations. An employer might encourage one of their truck drivers to skip required breaks and drive beyond the maximum allowed hours. Making money and staying ahead of schedule is more important than safety for many employers.

What You Should Do After a Truck Accident

Proving fatigue is challenging in a truck accident case. There is plenty of physical evidence to use when crashes occur due to drunk driving or defective car parts. However, the evidence used to show a driver felt fatigued is minimal.

You must take immediate action after suffering an injury in an accident involving a commercial truck. Once you leave the accident scene, go to a nearby hospital or visit your doctor. The physician should examine you and diagnose your injury. Once they determine your diagnosis, attend all necessary follow-up appointments.

Your medical records can show that you sustained an injury in the accident and required treatment to recover. It’s critical to maintain a copy of every document you receive during your ongoing case. Maintain every physician bill, imaging test result, surgical report, prescription, and rehabilitation record.

It’s also beneficial to hire a truck accident lawyer to represent you. Your lawyer can investigate the crash and obtain available evidence to prove fault. They can also file a claim on your behalf and negotiate a settlement with the insurance company.

Gathering information from the trucker’s record of duty status might also help your case. A record of duty status is a physical logbook of information regarding a truck driver’s activity during every 24-hour period. Truckers must log when they take breaks, go off-duty, and the number of hours they spend driving. If the information shows they exceeded the maximum driving limit or didn’t take the required breaks, it could help to prove driver fatigue.

Contact an Experienced and Dedicated Truck Accident Attorney

If you were injured in an accident involving a fatigued truck driver, contact the Law Office of William J. Luse, Inc. Accident & Injury Lawyers right now. Our Myrtle Beach truck accident lawyer will review your information regarding the crash and determine whether you have a viable case. You can depend on us to fight for your rights and pursue the maximum compensation you deserve.

Call us for a confidential consultation at (843) 839-4795 today, and let us get you on the road to recovery.

Truck accidents may not be as common as car accidents in South Carolina, but when they do occur, they frequently leave carnage in their wake. According to the South Carolina Department of Public Safety, about 5,400 large trucks were involved in accidents statewide in 2019. Among all those crashes, there were 104 trucks involved in crashes with major injuries, while 83 trucks were involved in fatal crashes.

“So what?” you might think. All auto accidents are the same, right? Wrong. The South Carolina truck accidents lawyers of the Law Office of William J. Luse, Inc. Accident & Injury Lawyers have significant experience with these cases, and we’ve seen firsthand how they’re different from other motor-vehicle crashes. Curious to learn more? Keep reading, and you can contact our office for a free initial consultation if you’ve been involved in a South Carolina truck accident.

What Makes Truck Accidents Different from Other Crashes?

There are a few factors that make truck accidents different from other kinds of traffic accidents, including:

• More severe injuries — First and foremost, truck accidents often cause much more severe injuries than occur in car accidents. A semi-truck with a fully loaded trailer may weigh 20-30 times the weight of a passenger sedan, and all that extra weight means the truck hits with much more force in the event of a crash. All that extra force gets transferred to whatever the truck hits, and that frequently means catastrophic injuries for anyone in the other vehicle.
• More potentially liable parties — In most car accident cases, the primarily liable party is the other driver who hit you. That’s not the case with truck accidents. Depending on how exactly the crash occurred, there are multiple entities who could share blame for the collision, including the truck driver, their employer, the manufacturer of the truck, or cargo and maintenance workers.
• More complicated claims — The greater your injuries in an accident, the more money you’ll need to cover your medical bills, lost income, and other losses. Insurance companies fight harder against more expensive claims, so it may be harder for you to recover fair compensation after a truck accident. Furthermore, if there are multiple liable parties, you’ll need to file a separate claim against each to get maximum compensation for your injuries. That’s potentially a lot of legal work.
• Different kinds of evidence — There are certain kinds of evidence you can use in truck accidents that you don’t see in other motor-vehicle crashes. This includes data from the truck’s electronic data recorder or “black box,” the truck driver’s written logs, records from the truck driver’s employer, and more. To build the strongest possible case for compensation, you’ll need to gather as much of this evidence as you can. But trucking companies and other entities know how valuable this evidence can be, so you need to act quickly after a crash to make sure it’s preserved for later use.

All of these additional elements can make a truck accident quite complicated. To make sure you still get the money you need to cover all your losses, speak to a truck accident lawyer as soon as you can after the crash.

What Compensation Can You Recover in a Truck Accident Lawsuit?

Because of how severe your losses can be in a truck accident, it’s important to get as much compensation as you can so you can cover your medical bills and other expenses. This is something a truck accident attorney can help with, and you may be able to recover compensation for:

• Medical bills
• Lost wages
• Diminished future earning potential
• Personal property damaged in the accident
• Pain and suffering
• Emotional distress

What Should You Do After a Truck Accident in South Carolina?

Here are the main steps to take if you’re involved in a truck crash in South Carolina:

• Call 911, then wait for police and emergency medical responders so they can evaluate you and file an accident report.
• Before you leave the crash scene, document the crash as best you can. Use your phones to take pictures, and make sure you get the truck driver’s name, the name of their employer, and their personal and company insurance information. If there are any eyewitnesses, get their names and contact information as well.
• See a doctor right away. If you aren’t taken to a hospital directly from the scene, schedule an appointment with your own doctor the next day. You may have internal injuries that haven’t been diagnosed and could require emergency treatment.
• Stay off social media, and don’t talk to any insurance companies. Anything you say publicly about the crash or to an insurance adjuster may be used against you later on, so your best option is to keep quiet and let your attorney do the talking.
• Hire a truck accident lawyer. You have little time to waste after a crash, so get in touch with an attorney as soon as possible so they can start working on your case.

Contact Us

If you have more questions about truck accident cases in South Carolina, we’d be more than happy to answer them for you. Get in touch with the Law Office of William J. Luse, Inc. Accident & Injury Lawyers today by calling (843) 839-4795 or visiting our contact page.

If you or someone you love has been injured in an accident with a commercial truck, you may be entitled to compensation. These damages awarded by the court or negotiated with the insurance company can help cover the cost of medical expenses, property damage, and lost wages if you are out of work.

Commercial trucks are many times larger and heavier than personal vehicles. This disparity in size and weight often results in severe property damage and sometimes catastrophic injuries. When a truck accident is not your fault, you should not have to bear the financial burden that follows.

What Does a Truck Driver’s Travel Log Contain?

Before December 2017, truck drivers were required to manually record their hours of service. These hours of service are mandated by the Federal Motor Carrier Safety Administration (FMCSA). Federal limitations on a trucker’s hours of service are designed to reduce the risk that drivers who are exhausted will cause accidents. The stipulations set by the FMCSA help limit the number of hours a truck driver is allowed behind the wheel or on duty.

• 11-hour driving limit: A truck driver is allowed to drive a maximum of 11 hours after ten consecutive hours off duty.
• 14-hour limit: A driver may not drive beyond 14 consecutive hours after coming on duty after ten consecutive hours off duty.
• 30-minute break: Drivers must take at least a 30-minute break after driving eight cumulative hours without at least a 30-minute interruption. Any non-driving period of 30 consecutive minutes satisfies this rule.
• 60/70-hour limit: Drivers may not drive more than 60/70 hours in 7/8 consecutive days. The 7/8 consecutive period restarts after a driver has had 34 or more consecutive hours off duty.

Since December 2017, all commercial trucks have been required to use an electronic logging device (ELD) that takes the place of a manually recorded paper log. Drivers may still use paper logbooks as a backup in case there’s an equipment malfunction.

The ELD was congressionally mandated and intended to help create a safer work environment. The device also makes it easier to accurately track, manage, and share records. The ELD communicates with the truck’s onboard computer to automatically record driving time and help drivers comply with the FMCSA hours of service requirements.

Why Is a Travel Log Important After an Accident?

The travel log contains valuable information that can be used after an accident to help determine whether the driver was over the limit of hours they are allowed to drive. Drowsy driving was responsible for at least 91,000 crashes and 50,000 injuries in 2017. Roughly half of Americans admit they consistently get behind the wheel while sleepy, and nearly 20 percent admit to having fallen asleep behind the wheel in the past year.

Fatigued driving creates physiological responses that are similar to driving under the influence of alcohol. Reaction times are slowed, and drivers have difficulty maintaining attention and focus. Going more than 20 hours without sleep is equivalent to driving with a blood-alcohol level of 0.08%, which is the U.S. legal limit. Data also shows that people who are drowsy are three times more likely to be in a car crash.

A truck driver’s ELD will automatically record the truck’s:

• Date, time, and location information
• Engine hours
• Vehicle miles
• Identification information for the driver
• Authenticated user
• Vehicle motion status
• Motor carrier

Additionally, the driver must also manually write a record of duty status (RODS). The driver must complete one every 24 hours. Failure to complete the RODS or knowingly falsify the log opens the driver and carrier to prosecution. The RODS contains information about on-duty activities other than driving. For example, the log will have information about the driver’s breaks, tire checks, load checks, and meals. This information is required to show the driver is in compliance with the requirements for the hours of service regulations.

Each of these pieces of information is important and may help support your case. Drivers who knowingly attempt to falsify data can be prosecuted, and their company may be held responsible. Even when a driver is operating within the hours-of-service limitations, an investigation may reveal they were not sleeping during their off-duty hours.

Contact the Law Office of William J. Luse, Inc. Accident & Injury Lawyers Today for Help After a Truck Accident

After an accident with a commercial truck, you may be facing a long period of recovery. The trucking company will be legally represented and you should be, too. The trucking company’s insurance company may initially send an insurance adjuster to ask questions. They may also offer an early settlement.

These insurance adjusters are expert negotiators and seek to limit the financial liability of their company. Don’t speak with an insurance adjuster without your attorney present. This can help prevent you from inadvertently saying something that could negatively affect your case.

The experienced legal team at the Law Office of William J. Luse, Inc. Accident & Injury Lawyers will fight tenaciously to protect your legal rights. It is our mission to help you receive fair compensation for injuries you received through the negligence of others. Call our offices today at (843) 839-4795 for a confidential legal consultation.

A black box is a device found in many motor vehicles, such as cars and commercial trucks, as well as in some aircraft. It records a range of data just before an accident. Securing the black box, also referred to as an event data recorder, after a truck accident is critical so the information it contains can be reviewed to determine whether the truck driver’s actions contributed to the crash.

Collisions involving commercial trucks are often catastrophic. Even low-speed crashes can cause massive property damage and debilitating injuries. The significant size difference between a truck and a passenger car increases the risk of harm to the occupants of the smaller vehicle. You could pursue compensation from the truck driver if they were at fault for the crash. However, adequate evidence to prove liability is required.

What Is a Black Box?

Installing an event data recorder in commercial trucks is not a legal requirement. Some motor carriers might decide to install these devices in their fleet of vehicles to review information regarding their truck drivers’ trips. The data shows specific information leading up to an accident, including the trucker’s actions.

The data recorded by a black box depends on the manufacturer, but many include this information:

• Whether the truck driver wore their seat belt
• The speed of the truck right before the crash
• Tire pressure
• Whether the airbags deployed in the accident
• How many times the vehicle was involved in a crash, and how long between those incidents
• The speed the truck was traveling in the seconds before the collision occurred
• Whether the driver was using cruise control
• The number of hard stops made in the truck, including the RPM between each stop
• Whether the truck driver applied their brakes
• Data showing whether the trucker violated any federal regulations, such as exceeding the maximum number of driving hours allowed in a shift
• Daily or monthly activity for the truck
• GPS information to determine the location of the vehicle
• Communication between the truck driver and their employer, such as emails discussing driver fatigue, mechanical problems, and additional relevant information
• The frequency of the trucker driving above a predetermined speed limit

Besides reviewing the information in the event data recorder, the truck driver’s logbook could also provide details about what happened before the crash.

For example, truckers are supposed to log the number of hours they drive, how much time they spend off duty, and the number of breaks they take during a twenty-four-hour period. Obtaining the black box and logbook could prove that the truck driver should be liable for an injured person’s medical care and other losses.

Why It’s Important to Preserve the Black Box

Many new event data recorder models will store data for as long as four weeks before recording over the data with new information. However, an old model might record over the data in as little as a few days. There’s no way to know the type of model in the truck involved in the accident you were in. Additionally, some trucking companies might alter the data or destroy the device entirely to get rid of evidence that their truck driver caused a crash. So, securing the black box as soon as possible is crucial.

You should hire an experienced truck accident lawyer to assist you with the process of securing the event data recorder information. Your lawyer can send the motor carrier a letter to notify them of the impending legal action and request that they preserve any evidence related to the collision, including the black box.

While investigating the circumstances of the crash, your legal team can review the data stored in the event data recorder to determine whether the truck driver’s action caused the accident.

If the information shows the trucker exceeded the maximum driving limit, it could indicate they were tired and maybe fell asleep at the wheel. If the black box data shows the truck driver was speeding right before the collision, that could prove their reckless behavior resulted in your injuries.

Contact an Experienced Truck Accident Lawyer

If you were involved in a truck accident due to the truck driver’s negligent actions, you should contact the Law Office of William J. Luse, Inc. Accident & Injury Lawyers immediately. We are familiar with cases like yours and the strategies that can be used to prove someone else should be held responsible for the harm you suffered.

When you hire us, we will use our extensive resources to gather all available evidence, including the event data recorder, to show that your injuries resulted from the truck accident. We can file a claim on your behalf and negotiate an adequate settlement with the insurance company or take your case to court if necessary.

Call the Law Office of William J. Luse, Inc. Accident & Injury Lawyers at (843) 839-4795 today if you suffered injuries in a truck accident in Myrtle Beach. One of our truck accident lawyers can meet you for a free consultation to discuss your case and advise you about your legal options for pursuing compensation from the at-fault party.