Federal Motor Carrier Safety Act

Preventable Truck Accidents


Preventable Accidents are Actionable Accidents

Injury claims can be made for preventable accidents involving commercial motor vehicles.

A Preventable Accident is a Defined Term under Federal Law

Preventable Accidents are Injury Cases

The Federal Motor Carrier Safety Act defines a preventable accident (on the part of the motor carrier) as an accident that involved a commercial motor vehicle and that could have been averted but for an act, or failure to act, by the motor carrier or the driver. Preventability is found if a driver, who exercises normal judgment and foresight could have foreseen the possibility of the accident that in fact occurred and avoided it by taking steps within his/her control which would not have risked causing another kind of mishap.  A Board Certified Truck Accident attorney can investigate whether a particular truck accident was a preventable accident.

If you are involved in an accident with a commercial truck, bus or other commercial vehicle you may have a valid injury claim if the crash was preventable. Preventability is one of the most overlooked aspects of truck accidents. Ordinarily, an injury lawyer hears a simple recounting of an accident and makes a nearly instantaneous decision as to whether the case should be pursued. A preventability analysis looks at all the actions taken by the commercial driver and his company before the accident occurred. Preventable accidents can arise from many different types of failures on the part of the motor carrier or truck driver.  Hours of service violations, choosing to drive in hazardous conditions, improper securing of cargo and inadequate driver training can all lead to preventable accidents.

Commercial Motor Vehicle Law is filled with hundreds of pages of Rules Meant to Prevent Accidents.

There are Rule Violations Meant to Prevent Accidents that Occur Before a Truck hits the Road.

The United States Department of Transportation Federal Motor Carrier Safety Administration produced the Preventable Accident Manual. The manual identifies multiple types of accidents and methods to reduce preventable accidents. With each accident category the manual identifies the potential causes of the preventable accident and the countermeasures that could have been taken to prevent the accident. Trucking companies and their drivers are not likely to volunteer errors and failures to follow rules that may have contributed to a crash.

An investigation conducted by an experienced truck accident attorney can uncover whether a person was injured in a preventable accident. This involves seeking publicly available information, sending preservation letters and in some cases arranging inspections of the commercial vehicle. The failure to take these steps can result in the evidence being lost forever. Preventable accidents may appear to be difficult cases to win.  But once evidence is obtained that the driver or truck company could have prevented the accident a valid injury claim can be pursued.

If you or a loved one was injured in a truck accident please call 301-888-4878 to speak with a lawyer to conduct a preventable accident analysis.

Over or under inflating tires can lead to catastrophic failure and serious accidents.

Many Commercial Motor Vehicles Accidents are Preventable

Preventable Accident Types

Preventable accidents that may permit claims against a truck driver or motor carrier include:

  • Equipment Failure
  • Rear End Collision
  • Lane Change Sideswipe
  • Vehicle Lighting and Conspicuity
  • Full Trailer Coupling
  • Wheel retention and deterioration
  • Tire Wear and deterioration
  • Tire Inflation
  • Brake performance
  • Driving in Adverse Conditions
  • Failure to negotiate downgrades
  • Negotiating curves
  • Planning Schedules, Loads and Routes
  • Improperly Secured Cargo
  • Unbalanced Payloads
  • Suspension Failure
  • Steering Failure

Any preventable accident that falls under the above categories or may have been the result of the above listed problems may be enough for liability to be found against the truck driver, his company or both.

Fantastic service. Totally confident with his advice and actions. Highly knowledgeable and intuitive. 5.0 stars. I have never had to use legal services before, and throughout the entire process Mr. Patterson kept me up to date on a regular basis and helped me come to a generous outcome. His combination of philosophy, knowledge of economics, and years of experience make him the supreme advisor and champion when deciding to go in a legal direction. I couldn't be happier with the outcome of my case.

Sandy

A personal injury client

Truck drivers that are at risk for losing their jobs due to a driving error often fail to take responsibility. The failure to take responsibility invariably leads a wrongfully injured person’s claim being denied.

George Patterson, Truck Accident Lawyer

what to do

Our Successes

Patterson Law takes pride with every client that recovers. Recovery is more than the settlements and verdicts obtained for our clients. Each and every one of these clients had been shepherded through a process where powerful insurance companies fought to defeat or minimize their claims. Each result represents a client’s dignity being affirmed.

View All
Bowie Board Certified Civil Trial Lawyer

George Patterson is a board-certified truck accident attorney by the National Board of Trial Advocacy.  He had to demonstrate substantial litigation experience with truck accidents, pass a board exam, obtain references from judges and lawyers that litigated truck accident cases involving George Patterson and finally to demonstrate substantial continuing legal education in the field of truck accident litigation.

The preventable accident lawyers at Patterson Law serve clients in Prince George's, Montgomery, Calvert, Charles, St. Mary's, Howard, Anne Arundel, Queen Anne's and Baltimore Counties. Our clients are from Silver Spring, Upper Marlboro, Bowie, Forestville, Prince Frederick, Leonardtown, Annapolis, Edgewater, Rockville, Mayo, Bethesda, Germantown, Olney, Beltsville, Deale, Bethesda, Severna Park, Largo, Landover, Oxon Hill, La Plata, Waldorf, Crofton, Columbia and Riverdale.

Get Started Today

If you have been involved in a truck accident, please contact the truck accident lawyers at Patterson Law to schedule a free consultation. It is critical to retain a lawyer shortly after a truck accident so that a request for the trucking records to be preserved is issued. George and Maria Patterson may be reached at 301-888-4878 (HURT) to discuss your truck accident case. The truck accident lawyers at Patterson Law offer free consultations at their offices in Annapolis and Bowie, Maryland.

Schedule a consultation