Logging trucks can be found on all Texas roadways, from rural dirt roads to busy interstates. They are typically used to transport logs from the forest to a mill or storage yard, and as such, are responsible for carrying heavy, awkward loads. When logging trucks are involved in an accident, they can cause serious injuries or even death. Logging truck accidents are unique in many ways, and determining who is liable for injuries received in accidents involving logging trucks is a matter best left to a Texas log truck accident lawyer. Call our trucking accident attorneys today at (713) 535-7051.
Experience has taught our Texas log truck accident lawyer that there are several factors which make these accidents unique.
Logs are simply trees that have been chopped down and their limbs removed. They come in different shapes and sizes, with no two being exactly the same. One end of a log is much wider than the other. All of these factors make loading logs onto a truck and ensuring that they are secure a challenge. Even under the best of circumstances, they are very difficult to tie down. Because of this, loads of logs may not be as secure as they should be and can easily break free in the case of sudden movement or impact.
The majority of logging truck drivers are paid a percentage of their total load. This compensation system encourages drivers to take as many logs as they possibly can on each run, leading to overloading the truck. An overloaded logging truck is more prone to cause an accident than a logging truck with a lighter load. Overloaded trucks take more time to bring to a complete stop, travel faster down inclines, and are more prone to be off-balance. Off-balanced trucks are most likely to be involved in a rollover accident.
Logging companies often hire independent contractors to transport their logs. Fortunately, these logging truck drivers are required to have a commercial driver’s license (CDL). Unfortunately, there is not much more that is required under state law. Drivers may be as young as 18 years of age and in many cases there are no limits set on the amount of hours they are able to work. Training is consistently lacking for these drivers as well. All of these factors lead to logging truck drivers that are inexperienced and not adequately prepared to transport dangerous loads on Texas roadways.
Logging trucks are often trucks that have been retired from another line of work. They have lots of miles on them and are in rough shape even before they begin hauling logs. Then, they are driven over rough terrain to have access to where the logs are so they can be loaded and transported. Utilizing old, worn equipment to transport logs makes it highly likely that at least part of the equipment will fail, causing an accident.
It is a known fact that a lack of strong regulations leads to more dangerous practices. A Texas log truck accident lawyer at the Merritt & Merritt Law Firm will be familiar with the laws applicable to the logging truck accident you were involved in, and can provide you with specific counsel and guidance. We will ask questions like “what agency set these rules?” and “who is responsible for the checks and balances?”
When you’ve been injured in a logging truck accident, your Texas log truck accident lawyer can help you determine the party responsible for your injuries. Following are some of the parties that may be at fault.
The driver of the logging truck may be the party at-fault in the accident. There are many different ways in which the driver can cause an accident, including:
The owner of the logging truck may be responsible for the accident. Were they negligent in who they hired to work for them? Did they fail to properly maintain the logging truck? These are all matters that will need to be considered when determining whether or not the owner of the logging truck is liable for an accident.
It is possible that the party responsible for the accident is the cargo loaders that loaded the logs on the truck. Logs must be securely fastened initially to prevent them from falling off the truck and causing an accident. After an accident has occurred, whether or not the cargo was securely strapped down is an issue investigators should look into.
There may be a company or crew responsible for the maintenance of the logging truck. If they failed to perform mandatory maintenance checks, or failed to perform maintenance that was obviously needed, they may be liable for the logging truck accident.
An investigation may determine that the truck was designed in such a way that it caused the accident. Even if there is no problem with the design, there may be a problem with the way the logging truck was manufactured. Your Texas log truck accident lawyer will investigate to see if there was a recall on identical vehicles, or if identical vehicles have caused similar accidents.
Determining the cause of a logging truck accident, and who should pay the victim for injuries incurred in a logging truck accident, is not always an easy feat. To ensure all resources are exhausted, and all options pursued, you need an experienced and knowledgeable Texas log truck accident lawyer from the Merritt & Merritt Law Firm. We may be reached by calling (713) 535-7051 or via our contact page.