When Can You File a Truck Accident Lawsuit Against a Trucking Company?

Commercial truck companies must follow strict guidelines set by the Federal Motor Carrier Safety Administration (FMCSA). As attorneys with years of experience handling truck accident cases, we can tell you that these regulations are not always followed by trucking companies. In some cases, companies are more concerned with making profits than ensuring public safety. Trucking company negligence is a primary cause of truck accidents. Examples of negligence may include:

• Negligent hiring and retention. Truck companies must maintain driver qualification files (also called DQ files) for their drivers. DQ files contain detailed information on drivers. These files may contain moving violations, medical certifications, annual review records and drug test results. However, companies may neglect to maintain these files or they may knowingly allow unqualified employees to continue driving. Companies also hire unqualified drivers.
• Hours of service violations. Hours of service rules place limits on how long commercial truckers can drive their vehicles. The purpose of these rules is to prevent drowsy driving accidents. Truck companies must ensure that their drivers are compliant with hours of service rules. However, some companies may encourage their drivers to violate these regulations. In other cases, they may turn a blind eye to hours of service violations.
• Poor maintenance practices. Semi-trucks are subject to wear and tear on a regular basis. Truck companies must inspect and perform necessary maintenance on these vehicles so they are safe to drive.
• Negligent training. Truck companies must train new hires. New employees should understand how to record hours of service compliance. They must know how to drive a vehicle carrying heavy loads and how to properly signal nearby drivers. Commercial truckers should know how to load and strap down cargo.
• Improper loading: Cargo on semi-trucks must be loaded properly and tied down or it can shift while the vehicle is moving. This could cause the driver to lose control and may lead to a rollover accident. Truck companies may also try to overload vehicles to boost profits. An overloaded truck needs more time to stop and will hit other objects with a greater impact force. In addition, an overloaded truck can suffer damage that makes it unsafe to drive.

Injured in an 18-Wheeler Accident? Let Our East Texas Truck Accident Lawyers Help

Our truck accident attorneys have seen every trick in the book. Some companies skirt federal rules to make more money. Unfortunately, it is our friends, family members and neighbors who could end up paying the price for these selfish actions. Negligent trucking companies can also be held responsible for damages caused to other motorists.If you or loved ones were harmed in a truck accident, then it is important to act quickly by hiring an attorney. Companies may try to eliminate evidence of their negligence, such as by tampering with a vehicles electronic control module. This device may record speed, driving time and other information on a semi-truck.If you believe a trucking company is responsible for your injuries or loss, then please call Mike Love & Associates, LLC to discuss possible legal options.

The Top Five Safety Threats to Trick-or-Treaters on Halloween

Halloween is supposed to be a fun holiday for children and their parents, but it can also end in tragedy. We have all heard stories of poisoned candy or treats containing razor blades, but the real threats on Halloween come from defective costumes, motor vehicles and other unforeseen hazards. Safe Kids Worldwide, a child safety organization, claims that only one-third of parents talk to their children about Halloween safety concerns. We hope that informing you on the following hazards can help you have a safe and fun Halloween.

1. Motorists: Drivers are the most dangerous and common hazard on Halloween. According to Safe Kids Worldwide, the number of fatal pedestrian accidents involving children increase twofold on this holiday. On Halloween, there is an increased number of drunk drivers on the road. Speeding and distracted driving could also increase the risk of an accident.
2. Dangerous or defective costumes: Some costumes can increase the risk of an accident because they contain design or manufacturing defects. For example, a costume could be made with highly flammable materials. A costume could also be designed in a way that limits a child’s visibility or increases the risk of tripping and falling. Makeup products for costumes can cause severe allergic reactions in some cases.
3. Unsafe Halloween decorations: Certain types of Halloween decorations (or the way they are set up) may cause trick-or-treaters to slip and fall. Decorations may also cause fires. For example, costumes worn by trick-or-treaters could come into contact with candles in pumpkins or other sources of fire. Halloween lights can create electrical hazards, especially near sources of water.
4. Dog bite injuries: Property owners may fail to keep their dogs away from trick-or-treaters. In some cases, dogs may frighten or even attack trick-or-treaters they perceive as intruders. Dog bites are a possible hazard on Halloween.
5. Unsafe properties: Properties may contain other hazards, such as poor lighting and broken stairwells. Trick-or-treaters can trip over objects left on lawns or walkways. These hazards can increase the risk of a slip and fall accident.

What if My Child is Injured While Trick or Treating?

Accidents can happen even in cases where parents have done everything right to keep their trick-or-treaters safe. If your child was injured while trick or treating and you believe the negligent actions of other people are to blame, then you should speak with a Texas personal injury attorney at our firm. We can help you discover if you have legal options to hold those individuals accountable.

Can Apple’s Smartphone App Prevent the Temptation to Text and Drive?

Motorists who are using their mobile phones while driving are responsible for thousands of accidents each year. The National Highway Traffic Safety Administration’s (NHTSA) statistics suggest that mobile phone use while driving was responsible for 3,477 deaths during 2015. Apple’s recent iOS 11 update came with a new app that seeks to reduce deaths and injuries caused by mobile phone use while driving.The Do Not Disturb While Driving app was designed to prevent the temptation to use an iPhone behind the wheel. The app can detect when you are driving and disable most features on your iPhone until you come to a stop. If you do receive a text message, the sender will receive an automated reply that warns them you are driving. You can alter the settings to allow messages from certain people. People who are texting you can also type “urgent” in the message to bypass the settings.Do Not Disturb While Driving has flexible user options. There is more than one way to use the app. You can set the app to turn on automatically. This will cause the app to lock your phone once it detects you are driving. In addition, you can manually turn the app off and on. Finally, you can use the app with your vehicle’s Bluetooth. In this case, the app will still lock you out of most features but will allow you to take handsfree calls. If you are a parent with children who drive, you can keep your teenagers from turning off or modifying the app’s settings. You will need to go to your iPhone’s settings and change the restrictions for the app.The idea behind this app is quite simple. If you never receive a text message, then you cannot be tempted to answer. The temptation could also be less severe if you are unable to access your phone while driving.

What if I Have an Android Phone?

There are also anti-distracted driving apps for Android users. You could download Samsung’s In-Traffic Reply app. This app can also detect when you are driving and send automated message. AT&T’s DriveMode app (which is for both Android and iOS) can silence text messages and phone calls. It can also send automatic replies to people who are trying to call or send you text messages.Even though these apps are readily accessible to millions, there will still be thousands of distracted driving deaths each year. If you or a loved one were harmed by a distracted driver, then you may be able to hold them accountable for damages.The Texas distracted driving accident attorneys at Mike Love & Associates, LLC encourage safe driving. For future updates on driving safety, continue following our blog.