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TRUCKING & SEMI ACCIDENTS l Frequently Asked Questions

I.

General Information Involving Tractor Trailers

V.

Carrier Responsibility

II.

Truck Safety

VI.

Unsafe Acts by Passenger Vehicle Drivers

III. Driver Training and Requirements VII. Steps to Take if You Are Involved in an Accident
IV.

Driver Obligation

IX.

Conclusion


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Truck Safety

Drivers are trained and required to be extremely familiar with all facets of their vehicle inspections. They know the affects of undiscovered malfunctions when they are on the road. Pre-trip and post-trip inspections are performed on their vehicle every time it is in use. They must check for fluid leaks, bad tires, interference with visibility, wheel and rim defects, braking system defects, steering system defects, suspension system defects, exhaust system defects and cargo problems. Any malfunctions must be reported to the carriers by the drivers immediately, and the driver is responsible to have the problem corrected without any delays.

Driver Training and Requirements

The following list represents areas in which each driver must be trained and have knowledge. Failure to properly train in these areas can seriously affect the safety of the general public and create a basis for a finding of liability against both the trucker and the trucking firm.

Driver Training and Requirements

                Braking 
                Commercial motor vehicle safety control systems
                Communication   
                Emergency maneuvers
                Extreme driving conditions
                Hazard perceptions
                Night operation
                Relationship of cargo to vehicle control
                Safe operations regulations
                Safe vehicle control
                Shifting
                Space management
                Speed management
                Skid control and recovery
                Vehicle inspections Visual search

Driver Obligation

Drivers are faced with many obligations both on the road and off the road. There are procedures to be followed in each circumstance. The Federal Motor Carrier Safety Regulations govern drivers to help ensure safety on the roads. Their regulations include warning devices and gauges, safe loading, braking systems, weight regulations, lighting devices and reflectors, surety bonds and insurance, fuel tanks, seat belts and more.

A. Maintenance and Inspection of Vehicles

As stated above, the driver is responsible for the inspection and maintenance of their vehicles. If the driver discovers any malfunction, he is to report it immediately and have the problem corrected in a timely manner. Every motor carrier or its agent is required to repair any malfunction reported by the driver before permitting a driver the vehicle back on the road.

B. Safe Loading

Each driver has the responsibility to make sure his load is safe when he begins a trip but also to inspect the load within 50 miles, re-inspecting again within 150 miles. The driver must not only inspect the cargo, he or she must also inspect the devices that secure the cargo and make necessary adjustments.

C. Driver Fatigue

A tired driver is not a safe driver. Individual drivers cannot be trusted to use their own judgment to know when to quit, and both federal and state regulations impose maximum hours an individual can be drive between mandatory resting periods.

The first requirement regulates the maximum number of hours that can be legally driven within a certain time frame. The second requirement requires that all drivers must record hours driven in a detailed log. The third requirement implements a plan to audit the logs to assure that they are accurate.

The following information must be included in the drivers' log:

Date
Total miles driving today
Truck or tractor and trailer number
Name of carrier
Driver's signature
24 hour period starting time
Main office address
Remarks
Name of co-driver, if applicable
Total hours
Shipping document number(s) or name of shipper and commodity

Failure to complete the record of duty activities, failure to preserve a record of such duty activities or making false reports in connection with such duty activities shall make the driver and/or carrier liable to prosecution. It is a detailed analysis of these logs as well as an audit of these logs against other records which may be obtained by a careful and conscientious attorney, which may provide the key to establishing liability in a catastrophic wreck.

Drugs and Alcohol

The rules while driving a semi against the use of alcohol and other drugs are considerably more strict than the laws which govern those when driving passenger vehicles. With respect to alcohol where the passenger vehicle is a 0.8% blood alcohol content, under the Federal Motor Carrier Safety Regulations a driver cannot consume any alcohol within 4 hours of going on duty, and their blood alcohol limit is zero.

All street drugs do violate general motor vehicle laws, and the prohibitions also apply to any prescribed or over the counter medication which may affect an individual's ability to drive. Those under a doctor's prescription are included unless the doctor has advised that the substance will not affect the driver's ability to safely operate a motor vehicle. Many prescription drugs contain warnings about use while driving. Any driver using a medication and is in an accident would need to prove that his doctor had approved the use of the medication while driving.

 

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If you would like to schedule a initial consultation contact an Iowa semi accident attorney, representing clients in Council Bluffs, Iowa at the Shanks Law Firm. Give us a call at (712) 322-2600 or complete our inquiry form.
 

 
Randy Shanks
RANDY SHANKS
409 West Broadway,
Council Bluffs, Iowa 51503
Toll Free: (888) 322-2608
Tel: (712) 322-2600
Fax: (712) 323-5577

Truck Safety
Training & Requirements
Driver Obligation
Carrier Responsibility
 
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Tel: (712) 322-2600 Fax: (712) 323-5577 Email: info@shankslaw.info
 
  Council Bluffs, Iowa Attorney practicing in Iowa and Nebraska in Semi Truck, Dump Truck, Tank Truck, Concrete Transport Truck, Tractor - Trailer Accidents. Lawyers at the Shanks Law Firm are dedicated to serve their clients in Iowa, including the cities of Council Bluffs, Glenwood, Red Oak, Sioux City, Atlantic, Sidney, Logan, Onawa, Clarinda, and Harlan and the communities that make up Pottawattamie, Mills, Montgomery, Cass, Fremont, Woodbury, Harrison, Monona, Page, Shelby counties. In Nebraska, including Omaha, Blair, Fremont, North Platte, South Sioux City and the communities that make up Douglas, Washington, Lincoln and Dakota counties.  
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