Commercial Motor Vehicle crashes may be caused by one or more sets of factors. Oftentimes it is difficult to isolate a single cause, and potentially even more difficult to demonstrate responsibility or fault. Common crash factors include:
Those drivers who disregard safety regulations tend to do so habitually and over the course of a career as a CMV driver. Studies show that “a driver’s past safety performance is a strong predictor of future safety performance.” 1
Driver factors such as fatigue are especially precarious because, unlike mechanical problems such as deficient tires, they cannot be identified or remedies in advance of a long drive. A worn-out tire or a malfunctioning steering system can be spotted during a maintenance survey, and repaired before the drive begins. Fatigue, by contrast, emerges as an extremely high risk slowly, imperceptibly, and while the drive is still underway.
By definition, distracted driving is when “a driver’s attention is diverted away from driving by a secondary task that requires focusing on an object, event, or person not related to the driving task.” 2 According to a report from the National Highway Safety Administration, external distractions include objects and events outside of the vehicle, for example roadside crash scenes, billboards, pedestrians, bicyclists, other drivers, emergency vehicles, animals or remarkable features of the landscape. By comparison, internal distractions occur inside the vehicle and may include use of a handheld electronic device, adjusting mirrors, sound, or other vehicle controls such as air conditioning, retrieving an object from the front passenger seat or floor of the cab, eating, drinking, or smoking.
One of the most insidious forms of distracted driving involves a handheld electronic communication device, such as a cellphone. As such devices present a serious hazard for people driving their own cars, they present an even more serious danger in the context of a large, fast-moving truck. The National Highway Safety Administration classifies three kinds of electronic device use while driving:
Get a no obligation consultation.
Our lawyers will answer all your questions so you can make educated decisions.
Let us handle the details so you can focus on healing.
We'll craft a strong case so you can get a fair recovery.
A special message to the friends and potential new clients of FVF Law:
FVF’s client contract has, for a long time, contained the following termination clause: “FVF Law is a values-driven law firm, and because diversity is a value we support, “good cause” [for termination] shall include any expression by the client of intolerance with respect to race, ethnicity, gender, religion, or sexual orientation.”
Now more than ever, FVF recognizes the global need to combat racism proactively, and to do so with more than just words. This firm was built on the mission of being better. Better lawyers. Better advocates. Better people.
We all know being better requires an ongoing commitment to learning, growth, introspection, and change. We enthusiastically embrace that commitment and hereby pledge to do more than just talk about it. Stay tuned on our blog and facebook page for more about what FVF is doing to back this important global effort.
In the meantime, we would respectfully request new clients who find their own views incompatible with this pledge to consider contacting another firm to handle their case. In any case, we invite you to provide honest feedback by emailing email@example.com.
Josh and Aaron, and all of FVF Law