After a trucking accident, it’s not just a truck driver who can benefit from working with a truck accident lawyer. A CDL lawyer can help passengers and drivers of cars too. In this article we’ll look at the complexities of truck accidents and why having a CDL lawyer is important.
What is a “CDL Lawyer?”
A CDL lawyer carries a Commercial Driver’s License (CDL) so they have the same training as CDL truck drivers. This gives them an insight into the challenges that a truck driver faces every day on the road. Their combination of trucking industry knowledge and legal experience can make all the difference as you fight for your rights.
CDL lawyers and truck drivers
If you have a CDL, it is a good idea to contact a lawyer with a CDL license after an accident. After an accident, there can be a number of consequences including:
- Having points added to your license
- Seeing your CDL suspended
- Having your CDL revoked
A knowledgeable truck accident lawyer will know how to fight for your rights in each of these cases. This may include filing appeals and gathering relevant materials to present at a hearing.
CDL lawyers and car drivers and passengers
Drivers of automobiles, and their passengers, who were involved in an accident with a truck can also benefit from the guidance of a CDL lawyer. An experienced CDL lawyer will know where to look for errors or failures of a truck driver and/or trucking company.
A Consistently Growing Danger
There are thousands of large trucks on the road every day. According to the National Safety Council:
- “In 2022, 120,200 large trucks were involved in crashes resulting in an injury, a 2.5% increase from 2021.”
- “Since 2016 –
- the number of trucks involved in injury crashes has increased 18%
- the involvement rate per 100 million large truck miles driven has increased 5.7% to 37.”
The National Safety Council reports that this increase in accidents brought an increase in fatalities. In 2022 nearly 6,000 people were killed in crashes involving trucks.
Where do Truck Accidents Happen?
Accidents involving large truck fatalities can happen anywhere. And at any time.
Where truck accidents happen:
- 46% on urban roadways
- 53% on country roads
When truck accidents happen:
- 61% during the day
- 38% at night
Truck Accidents Can be Complicated
Truck accidents can have severe complications due to:
- The size and weight of the trucks which present an increased danger to those around them
- The number of trucks on the road
- Different environments and terrains trucks operate in
- A difference between who owns the truck and who owns the cargo
- Cargo that can be hazardous or dangerous
5 Common Causes of Truck Accidents
Most trucking accidents happen because of a combination of these 5 factors.
- Driver Fatigue
According to industry estimates, 30% of truck accidents are caused by driver fatigue. Many drivers are paid by the mile and see a financial incentive to cover as much road as they can. This can be financially beneficial, but physically draining.
Fatigue can lead drivers:
- To be drowsy
- Have slower reflexes
- Be less alert
- Become confused
There are Hours of Services rules that have been put into place to help combat driver fatigue. When an accident occurs, an experienced trucking accident lawyer will look at those rules to determine if, and why, fatigue may have been a factor.
- Distracted Drivers
As devices get smarter and trucks get more connected, it can be easier to become distracted while driving. Distractions can be caused by:
- Making, or taking, a phone call
- Reaching for things in the cab
- Checking routes on a travel app
- Eating and drinking
- Adjusting the truck’s onboard systems
A truck accident lawyer can review the details after an accident occurs to determine if the truck driver was distracted. Your lawyer should be familiar with the specific laws around distracted driving. They may be able to use this knowledge to prove negligence in certain cases.
- Reckless Driving
When drivers speed or drive aggressively, they can become more vulnerable to making mistakes. And when you are driving a 70,000 pound vehicle at high speeds a mistake can be dangerous, and deadly.
To determine what actually happened to cause the accident, a trucking accident lawyer may look at:
- GPS tracking data
- Dashcam footage
- Accident reports
- Witness statements
- Footage from security cameras in the area
This will give a lawyer insight into potential causes of the accident including what could be the negligence of other drivers.
- Mechanical Failures
While a truck driver tries to keep their vehicle maintained, there is always the possibility of a system failure. After driving thousands of miles, there are numerous things that can happen:
- Brake lines could go out
- Tires can pop
- Axles can snap
- Transmissions can fail
Some of these cases may cause a driver to lose control, and an accident may follow.
- Cargo Issues
The weight of a truck can change the way it must be driven. Experienced drivers know that and will adjust when they have a full load or an empty trailer.
If cargo isn’t secured correctly, it can:
- Cause a truck to tip
- Impact breaking times
- Spill-off of the bed creating unsafe conditions across the roadway
How a Truck Accident Lawyer Can Help After a Trucking Accident
After a truck accident, truck drivers, and automobile drivers and passengers, may want to call an experienced trucking accident lawyer.
How CDL lawyers help truck drivers
A commercial trucking attorney knows the various protocols and procedures a driver should have followed regarding the maintenance and operation of their truck. They will be able to use this knowledge to:
- Support your case
- Fight for your best interests
How CDL lawyers help car drivers and passengers
After a truck accident, an insurance company will want to close out any claims quickly and for as little money as possible.
An experienced CDL lawyer:
- Can combat the insurance company experts
- Knows how to navigate the complex systems and processes insurance companies have in place to draw out the claims process.
Truck drivers, or drivers of other vehicles involved in a truck accident, need a legal team that understands the unique nature of truck driving.
The Role of a CDL Lawyer in Navigating the Legal Process
As a truck driver, after a truck accident, with your license and career at stake, it can be critical to have a legal team you can count on. Drivers and passengers of other vehicles involved in the accident also need someone they can count on. For both groups, a truck accident lawyer wants you to get what you need to restart your life.
A trusted CDL lawyer, like the team at Spivak & Sakellariou, has specific insight in the trucking world. They can use this knowledge to navigate the complex legal system for accidents involving large trucks. Learn more about how truck accident lawyers support drivers through the legal process.
They will use their unique experience and legal skills to support keeping you on the road. To do this your trucking accident lawyer may:
- Represent you in court
- Negotiate with insurance companies
- Represent you at any board or association hearings
Call an Experienced CDL Lawyer Today
Truck accidents happen quickly and their effects can be long-lasting. Spivak & Sakellariou not only have years of experience helping accident victims, they also have a CDL-licensed lawyer on the team. So if you need an experienced truck accident lawyer, call or text Spivak & Sakellariou at 513-532-220 for a free consultation.
