Drowsy Driving, Distracted Driving & other Causes
Even in seemingly simple cases, proving negligence in a truck accident personal injury cause of action in Rhode Island can often be difficult to determine. There are often numerous parties involved such as the owner of the tractor trailer truck, the driver of the truck, and possibly other motor vehicles or cars. Correctly analyzing the situation and presenting a compelling case is crucial to receiving a favorable verdict to compensate for injuries and obtaining some semblance of justice. A RI personal injury lawyer who only settles rear end car accidents in Rhode Island wont have the the ability to go to the mat with big insurance.
In the event of a fatal / deadly truck crash, the trucking company is known to send teams of investigators to the scene immediately after the fatal crash to obtain witness reports and analyze the damaged vehicles.
There are a number of state and federal laws and regulations as well as industry standards that trucking companies must adhere to. These standards must be followed by the 18 wheeler driver and the truck owner. These laws play a key role in determining the cause of a semi-truck crash in Rhode Island and nationally. These laws are an important factor in determining who is responsible to pay damages as a result of a trucking accident.
Contact David Slepkow at 401-437-1100.
Or 24 hour hotline 401-439-8372
Under Rhode Island law, it is not only the driver or the owner of the big rig who can be held responsible for the truck collision. Even manufacturers or technicians who repair the semi can be held liable for a truck and car wreck. As a result, truck accident lawsuits in Providence Superior Court often become a game of cat and mouse with each party looking to place responsibility on the next. Most notably and traditionally, companies look to avoid blame by instead laying focus on the other car or motorcycle driver. It is important that your Rhode Island Truck Accident Attorney have a comprehensive understanding of law and facts to apportion responsibilities to the parties involved.
Generally, information concerning the wreck is derived from eyewitness accounts, repair logs, police reports and other documents. Increasingly, however, more accurate sources of information are being derived via technology. These sources of information include high-technology surveillance cameras.
Wrongful death in RI
Sadly, many truck accidents with cars, bicycles or pedestrians are fatal. A deadly trucking crash requires the experience of a RI Wrongful Death Attorney. A wrongful death cause of action must be filed by the executor of the estate of the person killed in the accident for the beneficiaries of the estate of the deceased.
Distracted Driving and texting and Driving in Rhode Island
Texting and driving, utilizing a gps while driving, operating a mobile phone or electronic device is a major cause of truck related accidents in RI. Federal regulators have instituted a myriad of new rules pertaining to distracted driving truck accidents.
The department of transportation made the following findings of fact:
“The odds of being involved in a safety-critical event are three times greater when the driver is reaching for an object than when the driver is not reaching for an object. The odds of being involved in a safety- critical event are six times greater while the driver is dialing a cell phone than when the driver is not dialing a cell phone. These increases in risk are primarily attributable to the driver’s eyes being off the forward roadway” – http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/final/Mobile_phone_NFRM.aspx
“FMCSA and PHMSA are amending the Federal Motor Carrier Safety Regulations (FMCSRs) and the Hazardous Materials Regulations (HMR) to restrict the use of hand-held mobile telephones by drivers of commercial motor vehicles (CMVs). This rulemaking will improve safety on the Nation’s highways by reducing the prevalence of distracted driving-related crashes, fatalities, and injuries involving drivers of CMVs.” http://www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=347
Truck accidents are often caused by either negligence on part of the driver, mechanical failure or difficult driving conditions such as rain, ice, snow or sleet. Occasionally, it can be a combination of reasons which makes determining cause and responsibility all the more difficult. Difficult road conditions (black ice), unfamiliar terrain, or faulty parts are all causes of truck accidents. Worn out tires, faulty braking systems etc. are all examples of causes of accidents. Most frequently, however, it is negligence or miscalculation on part of the driver that caused the mishap.
Drowsy Driving Truck Accidents
One of the most common causes of rear end, jackknife or other types of trucking collisions in Rhode Island is drowsy, tired, fatigued or sleepy driving. As a result of the increased prevalence of drowsy and fatigued trucking related accidents, the United States Department of Transportation issued rules:
- New Hours-of-Service Safety Regulations to Reduce Truck Driver Fatigue Begin Today – http://www.fmcsa.dot.gov/ruleregulations/topics/hos/statement.aspx
These trucking rules limit the number of hours per week to 70 hours a week and the number of hours driving per day to 11 hours a day.
Truck accidents are far more common than one would expect. They are also considerably more complicated than regular auto accidents or car crashes in RI. Because of the multiple parties involved, from drivers to leasing companies, truck accident cases can get messy and complicated to sort out.
There are often competing interests in a RI tractor trailer crashes. Truck Crash cases are rarely simple enough to decide on a first glance. It is advisable that an injured victim involved in a Rhode Island trucking collision retains a RI Personal Injury lawyer. an injured victim should look for a lawyer from the Providence area (such as East Providence, Pawtucket, Cranston) in order to best determine the advisable course of action.