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Have you been involved in a
Truck Accident?
Tractor-trailer accidents are some of the most horrific you’ll
ever witness. Bodies are broken and scarred. Lives are lost.
Property is destroyed. It’s the inevitable result when thousands of
pounds of rolling metal collide with a much smaller passenger
vehicle. Unfortunately, it may also be the result of a trucker
driver’s hidden negligence. Depending on your particular case, you
may benefit from hiring a truck accident lawyer.
Was there hidden negligence?
Why is it big rigs account for less than 2% of the vehicles on the
road, yet 8% of all the accidents? Because truck drivers are given
monetary incentives to get their payloads delivered faster! They may
be paid by the mile. The more miles they drive, the more they get
paid! As a result, truck drivers drive faster, further and with less
sleep.
Was the driver who hit you overtired? Was the truck driver
hyped up on amphetamines so he could stay awake longer? Maybe the he
was chatting on the phone or glancing at a TV in his cab. Even if
the trucker wasn't cited, there may be hidden negligence that has
not yet been brought to light.
Trucking corporations need to "manage" you and stop the
lawsuit.
If you or someone you love has been injured in a tractor-trailer
accident, the heartache may just be beginning. Trucking companies
know how damaging a lawsuit against them can be. That’s why trucking
corporations try to limit your ability to recover from them. They
hire accident investigators, offer preemptive settlements, and
mobilize their attorneys. But, as you stand beside the road, perhaps
bloodied and dazed, who is protecting your legal rights?
When you’re ready to take on big business and big insurance, you
need legal protection from attorneys who have experience in the
courtroom. And you need help fast. Statutes of limitation apply in
personal injury and wrongful death cases that could jeopardize your
rights if you don’t act promptly.
Seek an Evaluation
Let an experienced truck accident attorney you determine if you have
a case. Try and get a free accident case review from an experienced
truck accident lawyer, if possible. Some law firms offer a free,
confidential phone evaluation and case review by filling out a
simple form on the Internet or making phone contact. There is
normally no cost or obligation for an evaluation. Many truck
accident firms take cases on contingency.
Facts about Trucking
- Trucking is Complex
Trucking companies and their operators use a complex array of legal arrangements in their business — some
specifically designed to avoid liability. It takes a lawyer experienced in cases against trucking companies just to sort it all out.
- Trucking is high-pressure
Time is money. Trucking companies and their drivers often succumb to the pressure. The result: fatigued drivers, maintenance issues overlooked and safety rules ignored. Again, you need an attorney who knows what to look for and what questions to ask.
- Trucking Accidents are on the Rise
Each year, drivers on U.S. highways fall victim to truck accidents. According to the U.S. Department of Transportation, the number of large trucks involved in non-fatal crashes have increased each year from 2001 to 2005.
Many truck accidents involve large trucks commonly referred to as "semi-trucks."
- Trucking is Close-knit
Make no mistake, trucking companies have well-thought-out plans and a closely knit group of experts to protect their interests. You need a
truck accident attorney with the resources and experience to protect yours.
Types of Truck Accidents
by Michael Monheit, Esquire, Monheit Law, PC
Here are the most common types of truck accidents:
Truck Brakes Malfunction
Heavy trucks use air brakes exclusively: Most are drum-like
units. Air enters the chamber when the brakes are applied, the push
rod moves out turning the slack adjuster which rotates the S-cam and
forces the shoes into the drum.
Brakes are a heat engine, they convert kinetic energy or motion
into thermal energy or heat. Suppose a 400-horsepower engine grosses
out at 80,000 pounds. The engine can probably get up to 40 mph in
1/4 mile or 1,320 feet. The brakes should be able to stop in about
133 feet with this speed and weight.
A full stop from 60 mph might raise the drum temperatures to 600
degrees F. This is about the limit for safe operation. If the brakes
aren't right or the load is not distributed properly, then some
drums might go up to 800-1,000 degrees F. The drum will increase in
diameter as the temperature rises. This is definitely dangerous for
the truck driver and the passenger vehicles around the truck.
Downhill Break Failure
Some truck drivers don't understand the severe demands put on the
brakes by long downhill runs. Brakes had better be right used with
the correct braking technique for optimum safety to the bottom. In
recent years there had been erroneous information about how to brake
on long down hills. It was wrongly suggested that a continuous
application of the brakes was the preferred method. However, that is
incorrect. Intermittent application or what the trucking industry
refers to as snubbing is the preferred method.
The key is not the speed drop; this will depend on weight, grade,
and other factors. The key is air pressure -- the application
pressure should be high enough to get all the truck brakes working.
In practice, unless the brakes are in good condition,
tractor-trailer balance is right, and the load is ideally located;
the continuous application of the brakes is likely to result in
uneven drum and lining temperatures and problems before you get to
the bottom of the hill.
Downhill break failure can be prevented when all the brakes are
working some of the time instead of some of the brakes working all
the time. The application pressure must be high enough to ensure
that all brake chambers apply and that all linings make solid
contact with the drums - about 20 psi or higher.
Truck rollovers
Big rigs roll easily. If a truck goes around a curve too fast, it
will roll over. Trucks can go over in a curve even without going too
fast if their rear tires strike something (like the curb) while
cornering. Trucks can still roll over at 5 mph especially if backing
up while being jackknifed. Some rollovers happen when drivers try to
return to the road after putting a tire off the pavement. They can
rut in soft ground or catch a pavement separation and roll over.
Truck Jackknifing
The rig jackknifes when the drive axle brakes lock up. Steering
axle brakes provide 12 percent of the total braking of a loaded
vehicle. Trucks jackknife sooner or later regardless of what the
steering axle does even if the steering wheels are pointed straight
ahead. Road crown or left/right imbalances will cause jackknifing if
the truck slides long enough. Jackknifing will most likely cause a
rollover.
Once the brakes are locked, directional control at the axle
becomes lost. Sooner or later a sideways pull develops that affects
the directional stability of the vehicle which may cause a rollover.
Never attempt to negotiate on your own behalf with a trucking
company after a truck accident. Most trucking companies are highly
skilled at truck accident investigation and claims practice. These
adjusters represent the truck company -- not you. Never make any
statements or sign any releases for medical records or employment
records. Often the medical release allows the adjuster to talk to
the doctors without you or anyone being present.
Truck companies have accident investigators that are on call and
dispatched to the scene of the crash as soon as the trucking company
learns about an accident. While the families of the accident victims
are tending to medical and hospital care and funeral arraignments,
the trucking company is busy investigating the accident and gearing
up their defense. This is why victims of large truck accidents need
a knowledgeable team of truck accident attorneys and investigators
on their side…fighting for their rights.
Michael Monheit, Esquire is the managing attorney for Monheit
Law, located in Philadelphia, Pennsylvania Monheit Law, P.C.
concentrates its practice in the field of plaintiff personal injury
cases on a contingency fee basis. They can be found at
http://www.monheit.com/truck
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