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DELAWARE INJURY LAWYERS
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According to the National Highway Traffic Safety Administration (NHTSA), tire blowouts and flat tires cause nearly 78,000 accidents each year. An average commercial truck can weigh up to 80,000 pounds, which means that truck accidents are likely to involve catastrophic injuries or even fatalities. For this reason, truck drivers and their companies should always maintain their vehicles in order to prevent serious collisions.
Commercial trucks have tire problems more often than people might think. While the truck companies are legally obligated to make sure their trucks are operating as safely as possible, safety checks do not always happen like they should. With the power and weight behind a large truck and the sudden veering when a tire blows, any car in its path is a potential target. Trucks have a fragile weight balance, a high center of gravity, narrow distance between the left and right wheels, and heavy loads. Small changes in the components of the truck can lead to serious truck accidents.
Many different factors can lead to a tire blowout truck accident. In some cases, tire blowouts are caused by external factors, such as potholes or obstacles in the road. If a driver was involved in an accident that was caused by an external factor, it can reduce their liability, depending on how they reacted after the blowout. Here are the most common reasons why tire blowouts occur:
These reasons do not always mean immediate tire blowouts will occur. Many times, it is repeated wear over time that eventually leads to a tire blowout. Michelin, a tire manufacturer, recommends replacing tires after a maximum of 10 years, and proper maintenance is important too.
Tire blowouts are usually the result of negligent maintenance or defects in the tires. Anyone that operates a vehicle has a responsibility to maintain their tires as well as the rest of their vehicle. One way to do this is to make sure the vehicle is always current on inspections and properly maintained. It is also important to know how the vehicle functions and the auto safety features. While driving, a truck driver should do what they can to prevent overactive steering or panic driving and always pay attention to their surroundings.
Liability will depend on the cause of the tire blowout truck accident. Many parties can be responsible, such as the truck driver, trucking company, maintenance company, or the tire manufacturer. Drivers are expected to inspect their tires daily since they are the ones operating the trucks. They should replace them as needed; failing to do so puts other motorists in danger.
Trucking companies also have a responsibility. They must maintain their fleet and meet safety standards regularly, keeping documentation of all work done. Infrequent inspection or failing to fix any known issues can create liability for any potential tire blowout accident. Maintenance companies that are contracted out to do this work can also be held liable if they fail to uphold their duties.
Sometimes, there are defects in a tire that no amount of maintenance can catch. Fundamental design flaws or manufacturing defects may mean that the tire designer or manufacturer can be held liable. If a defect is not noticed or the installation is not done properly, even the mechanic can be held responsible.
Determining who is responsible is important in any potential case. Having an experienced truck accident lawyer can help a victim navigate their case so that they can recover necessary damages.
When a tire blowout causes a truck accident, it can create a traumatic situation for all drivers on the road. Whether the tire blowout was caused by the negligence of the driver or company, a Wilmington truck accident lawyer at Rhoades & Morrow will help you with your case. Our legal team understands how truck accidents can be devastating, and we will help you receive your entitled compensation for your recovery. Call us at 302-427-9500 or contact us online for a free consultation and more information about your case. We have offices located in Wilmington, Bear, and Milford, Delaware, and we proudly serve clients throughout Middletown, Dover, Milford, Lewes, Rehoboth, Elsmere, and Seaford.
Driving aggressively puts people in danger. When the aggressive driver is behind the wheel of a commercial truck, the danger becomes unimaginable. Unfortunately, truck accidents involving these enormous vehicles happen every day. Too often, these collisions are caused by aggressive driving.
Sometimes, aggressive driving is perpetrated by people with anger issues. Other times, drivers are responding to time constraints and pressure brought on by traffic delays that have threatened to affect the time that they will reach their destinations. Unrealistic expectations by their employers could contribute to their behaviors as well.
Aggressive drivers generally display more care about getting where they are going than they do about getting there safely. The behaviors they exhibit undermine the safety of everyone else on the road. Such aggressive driving behaviors include the following:
An aggressive driver may conveniently disregard traffic rules, acting as if they do not apply to them. Other drivers depend on adherence to traffic laws to anticipate the behaviors of others on the road. If the driver of a huge truck disregards traffic norms, it puts people in danger.
The number one offense against road safety is driving too fast. Speeding can deprive a driver’s ability to control a vehicle. The faster a vehicle is traveling, the harder it is to stop in an emergency. This is doubly true for a huge, heavy truck. Driving over the speed limit is an obvious infraction, but even driving within the legal range can be dangerous if driving conditions are less than ideal. A driver should take into account the driving environment, including visual impairments from fog or elements that affect the surface of the road, like recent rainstorms.
When a truck or other vehicle drives too closely to the vehicle in front of them, they are tailgating. The maneuver is often used to show impatience with the speed of the driver who is blocking the irritated driver’s way.
A trucker in a rush may endanger other vehicles on the road by passing unexpectedly on the wrong side or weaving through cars to move faster. One extremely unsafe practice is passing on the shoulder of the road.
An aggressive driver may disregard certain right-of-way rules to advance themselves by forcing their way into highway traffic at on-ramps or through intersections without waiting their turn or giving deference to other drivers.
A humungous truck can be intimidating for other drivers. If a truck driver uses this context to their advantage, they might cut off another vehicle, force a car out of their lane, or keep another driver from merging onto the roadway.
While there is some overlap, generally, road rage is a step beyond typical aggressive driving. Aggressive driving behaviors are usually used in an effort to help the driver make good time or to move quickly through surrounding traffic. The focus is usually selfish and intimidating, but it does not necessarily involve a violent intent toward a specific person.
Road rage may begin as aggressive driving, but the situation may escalate when things become personal. A road rage incident may involve the types of reckless driving listed above, but it also tends to be focused on threatening a specific individual that has performed some sort of infraction that has angered the other driver.
Road rage often entails yelling or obscene gestures directed at another driver. An unhinged driver may honk their horn or flash their lights to show anger about an exchange with another driver. Sometimes, the incident intensifies into a physical confrontation.
A driver’s best defense against an aggressive truck driver is to keep distance. Obey the rules of the road for everyone’s safety.
One way to avoid problems with an aggressive trucker is to stay out of their way. Drive in the right lane, using the left lane for passing only. Use a safe following distance and be courteous to other drivers.
If one is being followed too closely or is a target of an aggressive driver, one should try to ignore the aggressive driver’s actions. It is better to be safe than to attempt to win a dispute with another driver.
Keep a safe distance from trucks when possible. Even if a driver is unaware of any aggressive driving tendencies, a truck driver may change lanes impulsively without noticing that a driver is there. This often happens when cars drive along the right sides of trucks where blind spots are factors.
If a driver witnesses an aggressive truck driver on the road, they should attempt to notify local police. A commercial truck typically displays a phone number so that a driver can alert the trucking company about unsafe driving behaviors.
A trucker can be held liable for irresponsible driving if it led to the accident, but the trucking company can also be held liable for a trucker’s aggressive driving. In order to hold the company liable for an aggressive driving accident, it must be proven that the company was negligent in some way. Perhaps they hired the driver without properly checking the trucker’s driving history for prior aggressive driving issues.
Obtaining a lawyer after a truck accident is crucial. Truck accident cases can be complex, and a lawyer will determine who is responsible. A lawyer will also help the victim obtain fair compensation.
If an aggressive truck driver caused the accident that led to your injuries, you may be able to collect compensation for the accident. Our New Castle truck accident lawyers at Rhoades & Morrow help accident victims collect damages to cover medical treatments for injuries, as well as compensation for pain and suffering. For a free consultation, contact us online or call us at 302-427-9500. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout Middletown, Dover, Milford, Hillsborough, Lewes, Rehoboth, Elsmere, and Seaford.
The combination of drowsiness and driving can be deadly, especially if you are a commercial truck driver. According to a recent study by the Federal Motor Carrier Safety Administration and the American Transportation Research Institute, one out of three commercial truck drivers suffer from sleep apnea. Whether it is severe or mild, any form of sleep apnea can lead to drastically negative effects on a person’s concentration and awareness. For truckers, this can lead to a serious truck accident if they are extremely fatigued on the road.
Sleep apnea is a sleep disorder that affects millions of Americas, that means about four percent of the population suffers from sleep apnea, and one third of all truck drivers are impacted. The condition occurs when a person is unable to descend into a deep sleep because their body does not function properly; the person struggles to breath, and the right amount of oxygen required to get a good, restful sleep is diminished.
There are three types of sleep apnea. Central sleep apnea is derived from the brain, where certain receptors fail to send the correct signals to breathe properly. Obstructive sleep apnea, which affects most truck drivers, is more physical; if the throat muscles collapse while sleeping, it blocks airways, which disrupts your breathing and sleep. Complex sleep apnea is a combination of the two. The following are some of the symptoms of sleep apnea:
Researchers have also found that diet and weight problems may cause obstructive sleep apnea as well. In this case, the fatty tissue around the neck and throat can be too overwhelming for the airway, preventing it to operate correctly. Sleep apnea leads to sleep fragmentation, meaning that the body is unable to achieve the REM state or deep sleep state that is needed for muscles to recover. Oxygen is also deprived to the brain; if left untreated, sleep apnea can cause a heart attack or stroke; this especially causes hazards for truck drivers and all drivers on the road.
For truck drivers, the dangerous combination of long hours on the road and drowsiness or lack of concentration raises the risk of an accident by 250 percent. It is a must that all commercial truck drivers help themselves and discuss sleep apnea with their doctors. Treatment can be as easy as sleeping with a CPAP machine, sleeping on your side, or engaging in better diet habits. If you do get diagnosed with sleep apnea, your CDL license should not be affected, as long as you receive a DOT certified medical card and follow the treatment of your doctor.
If you have been injured in a truck accident that was caused by a drowsy driver, you may be eligible for compensation. Truck drivers who are extremely fatigued or suffering from sleep apnea can cause dangerous situations to all drivers on the road. Our dedicated Delaware truck accident lawyers at Rhoades & Morrow will fight to protect your rights and help you obtain compensation for truck accident injuries. Contact us online or call us 302-427-9500 for a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we also serve clients in Elsmere and Seaford.
Trucks cross Delaware roadways every hour of every day to get their freight where it needs to go. Even seasoned truckers with years under their belts may not always use the correct streets or thoroughfares to get from one point to another. Similarly, they may rely on an outdated GPS and end up driving their trucks in areas that cannot accommodate their full truck height.
To cut down on the incidents of truckers knowingly or unwittingly traversing roads not meant for vehicles their height, Delaware legislators have passed new regulations. The legislation ensures violators will be penalized financially.
Most motorists have seen warnings aimed at truckers, especially before underpasses and bridges. Usually, these warnings note the maximum truck height allowed on the road. They may also offer alternative routes for truckers to avoid problems such as bridge strikes. A bridge strike occurs when an excessively tall truck trailer hits the bottom of a bridge, potentially causing property damage or a truck-related accident or fatality.
Emerging technologies now allow municipalities to determine when a truck of an inappropriate height has passed along a roadway. Mounted sensors send information including truck license plate numbers to the municipality, ensuring law enforcement can issue fines to truckers who neglect to drive responsibly.
Other states have adopted similar truck vehicle height monitoring legislation, but only Delaware appears to allow any municipality to take advantage of the monitoring system. In other words, any city, township, or other applicable entity can use vehicle height monitoring to help reduce problems on their roadways. Other states typically focus their vehicle height monitoring legislation on or around large cities.
It should be noted that the legislation is not limited to commercial trucks. Individuals driving rental trucks, such as self-service moving vans, could also be fined for violation of height and road restrictions.
The goal of all vehicle height monitoring laws is to reduce any collisions with truck trailers or beds and bridges or underpasses. Additionally, vehicle height monitoring can be used to encourage trucks to use alternate routes. Currently, some municipalities have reported repeated problems with truckers ignoring warning signs and driving through residential neighborhoods.
How does the legislation impact offenders? It hits them in the wallet as opposed to taking away their ability to work or continue a chosen career.
Truckers caught violating posted vehicle height limits will receive a warning the first time they are caught. For second and subsequent violations, they will be fined $250 and $500, respectively. They will not, however, receive any points on their driver’s license as a result of violating vehicle height restrictions.
Everyone who drives or is a passenger deserves to arrive alive and unharmed to their destination. Still, sometimes accidents with trucks happen. If you have been hurt or a loved one was killed in a truck accident, call the Milford truck accident lawyers at Rhoades & Morrow. To schedule a free, initial consultation, call us at 302-422-6705, or contact us online. Located in Bear, Wilmington, and Milford, Delaware, we represent clients throughout the state including Seaford and Elsmere.
A fatal tractor-trailer crash occurred in Newark, Delaware that left one fatality and several victims with serious injuries. On Tuesday evening, around 4:45pm, a tractor-trailer operated by a driver from North Carolina struck three vehicles before overturning on I-95. A 61-year-old man from Middletown, Delaware occupied the first car and became fatally injured at the scene of the tractor-trailer crash. Two other vehicles were forced off the road and went down an embankment. The one SUV carried a woman who incurred serious injuries and her child who is in critical condition while the other driver and tractor-trailer driver sustained non-life-threatening injuries.
In some truck accidents, the driver may lack enough experience or training to adequately maneuver the vehicle on congested roads. Many tractor-trailer drivers work long hours and may be dealing with driver fatigue, which adversely affects their driving abilities. Accidents involving tractor-trailers oftentimes will result in serious injuries or even fatalities for the drivers and passengers.
If you or your loved ones became hurt in a truck accident, call our New Castle truck accident lawyers at Rhoades & Morrow at 302-427-9500 or contact us online. We serve clients throughout Delaware, including those in Wilmington, Hockessin, Newark, Glasgow, Bear, Middletown, Smyrna, Dover, Milford, Lewes, Georgetown, Elsmere, and Seaford, as well as in municipalities in New Castle County, Kent County, and Sussex County, from our offices located in Wilmington, Milford, and Bear, Delaware.
Among commercial truck drivers, distracted driving is the second leading cause of fatal crashes. Hands-free cell phone use is often touted to prevent drivers from becoming dangerously distracted behind the wheel, yet, it may also be interfering with safe driving. One recent study found a surprising and risky connection between hands-free phone use and other distracting behaviors.
According to research conducted by trucking technology company, Lytx, nearly one-quarter of drivers who engage in one risky driving behavior engage in other dangerous driving behaviors at the same time. That includes drivers who opted to use their phone hands-free. Lytx cautions that when hands-free chatting is combined with other habits that interrupt the driver’s attention and concentration, drivers increase their risk of a crash by 100 percent.
Drivers may not realize how quickly reaching down to grab something in the passenger seat or adjusting the radio can cause a crash. In as few as two or three seconds of a driver looking away from the road, they can veer out of their own lane into oncoming traffic.
Common driving distractions include:
When a truck driver attempts to do multiple activities at once, the risk of a distracted driving accident increases exponentially. Because distraction is not only about what the driver’s hands are doing, it is also about where their mind is; Lytx stresses that hands-free devices are not a perfect solution. Drivers who are concentrating on their hands-free phone call are not focused on the life and death decisions they make when operating a multi-ton vehicle. They are more likely to speed, tailgate, and make sudden stops while they are deep in conversation.
Knowing how dangerous multi-tasking can be for truck drivers, owners and operators are taking steps to raise awareness about hands-free distractions and other hazards, which include:
The unfortunate reality is, if you are the victim of a distracted driving truck accident, you are much more likely to be seriously hurt than if you were hit by a passenger vehicle. Commercial trucks bring more force into an accident. That force is absorbed by your body, increasing the likelihood of devastating head, neck, and spine injuries. To prevent distracted driving accidents, every truck driver needs to fully focus on operating their vehicle.
If a distracted driving accident with a commercial truck left you with life-altering injuries, it is time to speak with a Delaware truck accident lawyer at Rhoades & Morrow. We work tirelessly to hold reckless drivers responsible and pursue the damages victims deserve. For a free consultation, call us at 302-427-9500 or contact us online today. With offices located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including the areas of Elsmere and Seaford.
The Insurance Institute for Highway Safety calls summer one of the most dangerous times of the year on the nation’s roads because of the rise in traffic accidents. That rise in accidents includes those involving tractor trailers and other large trucks. Motor vehicle accidents involving commercial trucks are more likely to result in devastating injuries to all involved. With some of the largest tractor trailers weighing upwards of 30,000 pounds, the sheer impact of a collision with a vehicle this size can be catastrophic.
The following are common causes of summer truck accidents:
Any individual on the receiving end of a truck accident may end up with serious, life-threatening injuries. At Rhoades & Morrow, our Delaware truck accident lawyers help you move forward to physical, emotional, and financial recovery. We will fight for the compensation you deserve for your injuries. Call us today at 302-427-9500 or contact us online to schedule your free initial consultation today. With locations in Wilmington, Bear, and Milford, Delaware, we proudly serve clients throughout the state, including those from Elsmere and Seaford.
There are certain areas on all vehicles where drivers cannot see the cars that surround them. These areas are called blind spots. While automakers are developing warning systems to alert drivers of the presence of objects in blind spots, the technology has not yet been perfected. Each year, nearly 840,000 accidents in the United States are caused by blind spots, causing about 300 deaths per year.
Truck drivers primarily rely on their oversized rearview mirrors to see as much traffic around them as possible. They carefully monitor the presence of vehicles in their vicinity, especially when they are maneuvering lane changes, accelerating, or decelerating.
The National Highway Traffic Safety Administration established a code setting minimum requirements for vehicle rear view mirrors. It requires two mirrors, one on each side of the vehicle located on the outside to reflect traffic around the truck. The code was recently revised to require video monitoring technology that displays the back of the vehicle. The mandated technology was introduced over time and must now be installed in new vehicles. The change is expected to minimize the risk of death and injury from backing accidents.
Blind spots on the sides of a truck are more problematic when driving. Also referred to as no zones, there are significant areas located along both sides of the truck where mirrors cannot detect vehicles. Drivers should be mindful of the truck’s blind spots and avoid them when possible. If a driver chooses to remain in a truck’s blind spot for an extended period and ends up colliding with the truck, they could be found partially responsible for the accident.
Due to the high risk of death or serious injury from truck accidents, truck drivers are held to a high standard of care. Failure to exercise reasonable care to avoid harm to others is illegal. The standard for establishing negligence involves proving that the driver had a duty, breached that duty, caused an injury, and resulted in damages. Often when a truck driver causes an accident, their employer can be held liable under a theory of vicarious liability. In this case, the accident must have been caused by a negligent act by the driver while driving for the employer’s interests.
Employers can also be held directly liable if they know or should have known that their employee should not have been driving. Certain examples include a driver having poor vision or a drinking problem.
If you or someone you know was involved in a truck accident, the Delaware truck accident lawyers at Rhoades & Morrow can analyze your case and gather important details and evidence surrounding the accident. Call us today at 302-427-9500 or contact us online to set up a free consultation. Located in Wilmington, Bear, and Milford, Delaware, we serve clients throughout the state, including Elsmere and Seaford.
Truck accidents involving rollovers have the potential to cost someone their life. Others could be left with serious injuries and an unfortunate impact on their finances. A truck rollover accident happens when a truck swerves to avoid a head on collision and turns onto the side or on top of the vehicle.
This type of accident can be fatal for drivers in both vehicles, and involves the truck potentially rolling several times before stopping.
Some 15,000 trucks are involved in rollover accidents each year, according to recent statistics, and many factors can contribute to them. These include fatigued or distracted drivers, poorly loaded equipment, and curved roadways.
After a rollover crash, you will need to have the accident investigated in order to determine whether any of these factors played a part in the accident:
If another driver caused your rollover accident, it was most likely due to improper loading of cargo. In order to prove negligence on the part of the other driver, you must be able to determine who was negligent in loading the cargo.
When proving negligence, you are also responsible for proving the following:
If you were behind the wheel of the vehicle, the defense may try to argue that you either caused the accident or contributed in some way. They may also try to argue that a third party caused the accident. The purpose of doing this is to limit their liability as much as possible.
If you were involved in a truck rollover accident, then you need a lawyer who can get you the compensation and peace of mind for your injuries. Delaware truck accident lawyers at Rhoades & Morrow represent victims involved in truck rollover accidents. Our experienced lawyers will fight to get you justice and help you through the process step by step. For a free consultation contact us online or contact us by phone at our Wilmington office at 302-427-9500, our Bear office at 302-834-8484, or our Milford office at 302-422-6705. We serve clients in Elsmere, Seaford, and across Delaware.
For many drivers, navigating around and beside enormous tractor trailers can be nerve wracking. Their size, speed, weight, and power make them intimidating to drivers in smaller passenger cars and vans.
When a car collides with a large truck, the results can be devastating. Truck accidents leave victims with broken bones; head, neck, and spinal injuries; and may even prove to be fatal.
Traveling alongside these colossal trucks takes a bit of caution and patience, but it can be done safely.
Here are some things to remember when sharing the road with 18-wheelers and the like:
Commercial trucking is big business. Nearly 12.5 million commercial trucks and busses racked up nearly 300 million miles across the United States in 2016 alone. That same year, more than 10 percent of fatal motor vehicle crashes on U.S. highways involved a tractor trailer or bus. And most of these fatalities were passengers in the other vehicles.
While these statistics may be daunting, they are just another reason why all drivers need to take extra caution when driving near tractor trailers. With care and common sense, we can all travel safely and avoid car accidents with trucks.
A collision with a commercial truck is rarely just a fender bender. Truck accidents can leave victims with devastating injuries. Bear truck accident lawyers at Rhoades & Morrow hold negligent parties responsible for truck accidents. This may include the truck owner, operator, manufacturer, loader, or shipper. We collect the crucial evidence and documentation essential to prove liability for your injuries, so you can receive the compensation you deserve.
Before you talk to any insurance companies, call 302-834-8484 or contact us online to schedule your appointment today. With offices in Bear, Milford, and Wilmington, we represent clients in Elsmere and Seaford, and throughout the great state of Delaware.
