Approximately 4,000 people die in tractor-trailer accidents, and another 75,000 are injured annually.  These dangerous vehicles are typically involved in collisions resulting in devastating injuries so it is imperative that trucking companies abide by the federal and state regulations that are designed to protect the public.  Unfortunately, many times trucking companies cut corners or ignore certain safety regulations entirely.  A Tennessee trucking company has an affirmative duty to take adequate precautions to ensure that its big-rigs, loads and drivers do not pose an unreasonable risk of harm to other driver, motorcyclists, bicyclists and passengers.

Litigation of tractor-trailer accidents in Tennessee often involves sorting through the complex relationships between the parties.  Often commercial carriers characterize their relationship with a tractor-trailer operator as an independent contractor relationship to avoid liability.  In other cases, commercial carriers will try to escape liability by claiming that a truck driver was not engaged in the scope of employment when a collision occurred.  While you may still recover damages against a truck driver that is not engaged in the scope of employment when a trucking accident occurs, the driver may lack sufficient insurance or assets to pay a Tennessee trucking accident judgement.  This is why the Tennessee trucking accident lawyers at the Nahon Firm carefully scrutinize the relationship between the truck driver and trucking company so that our clients have access to as much insurance coverage as possible.

There are many types of errors or omissions that a commercial carrier might make that can create the basis for liability including:

• Overloading a truck so that it exceeds maximum weight requirements
• Negligent hiring of drivers by the trucking company (e.g. drivers with accidents, failed drug tests, drunk driving convictions)
• Substandard maintenance including non-functioning lights, worn tires and brakes
• No inspection of rigs before leaving on a trip
• Sending tractor-trailers out with unbalanced or unsecured loads

When commercial carriers fail to take adequate precautions to prevent unsafe trucks or drivers from traveling Tennessee roadways, the result can be permanent injuries including brain damage, paralysis, loss of sensation and even fatalities.  Our Nashville trucking accident law firm utilizes trucking industry experts so that we can develop the strongest position possible for our clients. At the Nahon Firm, PLC, we will fight to help you win your trucking accident case.  We treat our clients with the utmost compassion and respect.  Call us today and speak with a Nashville trucking accident attorney to discuss the details of your case at (615) 324-2000.

Commercial drivers that operate tractor-trailers may cause horrific trucking accidents when they operate their enormous vehicles while under the influence of alcohol.  In order to protect other vehicle occupants, are strict regulations that pertain to alcohol and drug use by commercial drivers.  These rules are designed to keep alcohol-impaired drivers from getting behind the wheel of a big-rig.  Nonetheless, both truck drivers and trucking companies sometimes disregard these regulations with tragic results.

A quasi-zero tolerance rule applies when it comes to consuming alcohol in the hours immediately proceeding coming on duty or driving a tractor-trailer.  The driver of a commercial vehicle may not consume alcohol within 4 hours of being on duty or operating a tractor-trailer or other commercial vehicle.   A trucking company not only has an obligation to prevent a driver from driving if the driver appears to have consumed alcohol within 4 hours of coming on duty, but the trucking company also is obligated to place the driver out of serve for a mandatory 24 hour period.

A truck driver also cannot report for duty or remain on duty and perform a safety sensitive function if the driver has a .04 percent blood alcohol concentration (BAC), which is half the legal limit for non-commercial drivers.  Operation of a tractor-trailer is among the tasks that are prohibited as a safety sensitive function if a driver has a BAC of .04 percent or above.  Commercial carriers also have an obligation to keep drivers off the road if the driver has a BAC of .04 percent or higher.  If the driver has a BAC below .04 percent but higher than .02 percent, the driver may not engage in a safety sensitive function for 24 hours after the alcohol test.

Trucking companies are also required to conduct a pre-employment alcohol screening unless certain limited circumstances apply.  A new hire may not be permitted to engage in a safety sensitive function unless the driver submits to a pre-employment drug and alcohol screening and tests with less than a .04 percent BAC and also tests negative for controlled substances.  The trucking company is not required to conduct a pre-employment alcohol screening if the driver has had a negative test within the last six (6) months, or the driver was subject to random screening for the last twelve (12) months with no violations within the previous six (6) month period.  If the trucking company does not conduct a pre-employment drug and alcohol screening under these exceptions, it must obtain a copy of the prospective driver’s records from the previous drug-testing program.

While this is hardly a comprehensive discussion regarding all regulations that pertain to alcohol use by a truck driver, these regulations show the importance of understanding the laws, regulations, and industry practices that affect truck drivers in trucking accident claims.  If your or someone you love has been injured in a tractor-trailer accident, our experienced trucking accident lawyers have helped many people just like you.  At the Nahon Firm, PLC, we will fight to help you obtain the financial compensation you need to rebuild your life. We invite you to call us today and speak with a Nashville trucking accident attorney to discuss the details of your case at (615) 324-2000.

When we have a job we are expected to work a number of hours a week. Usually the moment we walk into the office we clock in and have to wait all day to clock out, and ultimately repeat the process 5 days a week. It not only ensures to your employer that you are actually showing up to do the job that you have been employed to do so, but also makes them aware if an effort beyond the call of duty is occurring. Similarly, when you are a truck driver you are expected to clock in as well, except it is known as a driver’s log.

A driver’s log helps hold an individual accountable to where they are, when they are there, and how long that they are on the road for. Currently, a truck driver is only allowed to drive for a period of 70 hours for an eight-day period of work. This means that for the safety and health of the driver they are not allowed to exceed this number in order to make sure that drivers do not experience fatigue that then could impact their ability to properly operate their vehicle.

However, many companies are not abiding to these rules of the road for truckers and are simply just trying to keep the money rolling in. Because of this, companies are not only putting their drivers at risk, but their businesses at risk from receiving any future business. Companies want reliability and someone that they can trust, yet, when trucking companies allow drivers to exceed the number of hours they are permitted to drive that trust is quickly being compromised.

Many companies have begun to crack down on tracking drivers and holding them accountable for their driving logs in order to ensure that everyone and everything is safe and secure at the end of the day. In order to do so, trucking companies are now installing more and more GPS units in their vehicles, keeping record of how many times a truck fuels per week, and even requiring that a driver check in at checkpoints on certain days in order to make sure that they are not exceeding their mileage.

When a trucking company does not take it upon themselves to check the logs of their drivers there are not only putting the driver’s health and safety at risk, but also that of innocent motor vehicle operators as well.