blue truck on a highway

Federal Motor Carrier Safety ActPreventable Truck Accidents

Preventable Accidents are Actionable Accidents

Injury claims can be made for preventable truck accidents.

A Preventable Accident Is A Defined Term Under Federal LawPreventable Truck Accident 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. Patterson Law also has a licensed Class A CDL driver on staff to evaluate whether driver error contributed to an 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 truck 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.

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

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.


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

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If you or a loved one has been involved in a car accident or suffered a serious personal injury due to someone else’s negligence please contact the best personal injury lawyers at Patterson Law. George Patterson has been featured in an article published in the Best Lawyers in America. The “best” injury lawyers may be reached at their Annapolis or Bowie offices at 301-888-4878.

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