Nighttime Truck Accident Lawyers
The National Safety Council (NSC) claims that nighttime driving is more perilous than driving during the day, stating that half of all traffic fatalities occur in the dark, with reduced visibility being one of the main causes of nighttime trucking collisions. Other contributory factors include driver distraction, confusion, fatigue, alcohol and drug use, speeding, and not using seat belts, all of which happen more frequently at night. Learn about nighttime trucking accidents, including why they are more likely to take place in this period, and find out how Louisiana Law Lady can help those impacted by nighttime truck collisions; call (504) 470-3511 today to schedule an appointment with an experienced Louisiana truck accident lawyer.
Why Trucking Accidents Are More Likely To Occur at Night
Safely operating a truck during the day is already challenging due to the vehicle’s size, weight, and handling. The stopping distances of trucks and blind spots exceed that of passenger vehicles, making them more dangerous to drive. Driving at night increases the risk of trucking collisions substantially, as explained below.
Driver Fatigue
Truckers typically work long shifts, and while federal regulations require these drivers to take regular breaks and place limits on the length and frequency of truck driver shifts, some truckers and trucking companies do not adhere to these rules. As well as this, those who follow these regulations can still face fatigue and exhaustion, impairing their judgment and limiting their reaction time. When driving at night, this can impact truckers more, particularly if their bodies have not adjusted to working during these hours, and because of humans’ circadian rhythm, prompting people to sleep during the night, even acclimated drivers constantly battle a combination of the instinct to sleep and accumulated exhaustion.
Another nighttime driving hazard relates to reduced traffic and noise, which leads to lower audio and visual stimulation, potentially causing less focused attention spans and even microsleeps. Combined together, these factors greatly increase the risk of nighttime trucking accidents.
Limited Visibility
Those operating vehicles at night, including truck drivers, encounter visibility issues, which heighten the risk of accidents occurring, particularly on roads without sufficient street lighting. Drivers typically find it hard to identify hazards at night, such as wild animals, obstacles, other vehicles, or pedestrians, even when using bright headlights; this prevents truckers from reacting promptly during nighttime driving. Furthermore, visibility worsens in poor weather, like fog and rain, and when combined with driving at night, this can make it difficult for truck drivers to spot turns, vehicles, objects, and road signs.
Alcohol and Drug Intake
Impaired truckers, either via drugs or alcohol, are much more likely to be driving during the nighttime. Driving while impaired leads to unpredictable driving behavior, reduced reaction times, impaired judgment, and decreased motor skills, all of which increase the chances of collision. Additionally, the drug and alcohol intake of motorists other than truckers can cause nighttime trucking accidents since the truck driver might have to quickly react to these impaired drivers, potentially leading to overturned trailers or the truck colliding with other vehicles or objects.
Maintenance Issues
Even when frequently maintained, trucks may encounter mechanical problems. These range from braking system failure to signal and lighting system faults. Due to low visibility at night, coupled with the sheer mass of trucks, these types of maintenance issues can lead to severe nighttime collisions.
Seat Belt Usage
A high proportion of fatalities on the road, including those involving trucks, arise due to drivers and passengers not using their seat belts. At night, seat belt usage is typically lower as road users assume that there is a reduced risk of collision due to decreased traffic levels. Unfortunately, this practice results in an increased chance of severe injury or death in nighttime accidents.
Blind Spots
While passenger vehicles have blind spots, trucks tend to have larger ones, normally on the vehicle’s front right and rear left corners, as well as directly behind. To ensure a truck driver can see them, other motorists may want to position their vehicles so they can view the truck’s side mirrors. At night, while headlights help improve visibility generally, they may make it more difficult for truckers to utilize their mirrors effectively and check blind spots due to light reflections off other vehicles or the truck itself.
Explore the topic of nighttime trucking collisions in further detail by reaching out to a seasoned Louisiana truck accident lawyer. Contact Louisiana Law Laday today to organize a preliminary discussion.
Oncoming Headlights
For safety reasons and to improve the vehicle’s visibility, trucks require many different types of lighting. However, these lights can actually temporarily blind other motorists if they look directly at them, creating an increased risk of collision. On the other hand, if truckers and trucking companies fail to ensure the vehicle’s lighting is correctly aligned and clean, this may result in the vehicle becoming less visible at night than required, which may lead to an accident.
Right Turns
Compared to passenger vehicles, trucks require more space to safely turn to the right. During the nighttime, when truckers experience reduced peripheral visibility, this becomes more challenging. In light of this risk, other drivers may want to avoid driving past the right side of a truck, particularly when close to an intersection, to prevent their vehicles from becoming trapped between the curb and the truck.
How Much Are Most Truck Accident Settlements?
Trucking accidents, both daytime and nighttime incidents, can lead to substantial property damage, severe injuries (for example, brain injuries, back and neck injuries, spinal cord injuries, burns, paralysis, disfigurement, internal bleeding, and organ damage), fatalities, and additional losses suffered by injured parties. To counteract the financial implications of these collisions and recuperate incurred expenses, victims may seek a settlement with the trucking company or their insurer, and if they cannot achieve one, they might initiate legal proceedings. A fair settlement typically depends on several factors, including the severity of injuries.
Per the Federal Motor Carrier Safety Administration (FMCSA), most settlements range from the low tens of thousands of dollars to a few hundred thousand dollars. However, minor collisions could result in settlements as low as a few thousand dollars, and for severe incidents involving wrongful death, substantial property damage, or major injuries, the settlements may reach a few million dollars. Sadly, in crashes with smaller companies with few assets, claimants that have been permanently injured or even killed can be limited to the amount of insurance available, which can be as low as $750,000.
Establishing Liability in Nighttime Trucking Accidents
Determining liability in trucking accidents occurring at night presents many challenges because of the multiple factors that can cause these incidents. Some examples include poor weather conditions and visibility (potentially helping trucking companies or drivers avoid liability) or the failure of trucking companies or truckers to take reasonable safety precautions (for instance, engaging in distracted driving, insufficient vehicle maintenance, or not adhering to federal service hour regulations).
Several parties could be liable for these accidents, including trucking companies, truckers, cargo companies, and truck manufacturers, necessitating the careful review of maintenance records, employment contracts, and the accident scene to establish liability. Below is a summary of how evidence investigation and collation, legal defenses, and state and federal regulations can impact liability in these cases.
Evidence Investigation and Collation
To establish liability in nighttime trucking accident cases, collating evidence is necessary. This might involve collecting electronic logging device data, driver logs, witness testimonies, and dashcam footage. Moreover, the victims might consider utilizing accident reconstruction specialists to analyze physical evidence, such as vehicle damage and skid marks, to identify what happened during the incident and what caused it to occur.
Legal Defenses
In an attempt to avoid or minimize liability, trucking companies (or their insurers) may rely on several defenses. One example involves arguing that poor visibility or adverse weather conditions primarily caused the accident instead of negligence or driver error. Some parties may also try to blame the victim for the incident by claiming they operated the vehicle recklessly or failed to follow traffic laws.
State and Federal Regulations
Both federal and state laws significantly influence victims’ ability to establish liability in nighttime truck collisions. In terms of federal regulations, notably those outlined by the FMCSA, covering vehicle maintenance requirements, cargo loading operations, and compulsory rest periods, if a party violates these rules, it might be easier for a victim to demonstrate negligence. Concerning state legislation, some states including Louisiana employ comparative negligence rules; this means that if a victim is partially at fault, they may receive a reduced amount of compensation in proportion to how much they contributed to the accident occurring.
Schedule a Meeting With a Louisiana Truck Accident Lawyer To Learn More
Roadway hazards increase in the dark, making trucking accidents more likely to occur. Decreased visibility, as well as other factors, can also make these collisions more deadly than if they took place in daylight. To gain assistance with overcoming the complexities of nighttime trucking accident claims, consider contacting Louisiana Law Lady today; call (504) 470-3511 to arrange a confidential discussion with a knowledgeable Louisiana truck accident lawyer.