The Number of Accidents Which are Preventable is Shocking
According to a Federal Agency, the “Federal Motor Carrier Safety Administration,” (FMCSA), a “preventable accident” occurs when a vehicle operator fails to operate his or her vehicle in a “reasonably expected manner” which could prevent the accident. In forming a judgment of whether a driver’s actions were in fact reasonable, the accident investigator attempts to determine if the vehicle operator demonstrated acceptable skill and knowledge of driving their vehicle and in fact drove defensively. This judgment of what driving actions qualify as reasonable can be defined by the employing company, thus allowing and establishing goals for its mandated safety management and control programs.
Take note that this definition of “preventable accident” is focused upon the driver’s actions. It is the most commonly used definition which evaluates operator performance. A more broad definition, which is used to evaluate both the motor carrier and the driver’s actions, is used in the “Federal Motor Carrier Safety Regulations” as follows:A Preventable Accident on the Part of a Motor Carrier Means an Accident That:
- Involved a commercial motor vehicle, and
- Could have been averted but for an act, or failure to act, by the motor carrier, or the driver.
The concept “preventable accidents” is a tool used by motor carriers and freight haulers for “fleet safety management” and is intended to achieve these goals:
- It helps the driver establish safe driving standards;
- It establishes one criteria used to evaluate individual driving actions;
- It provides for an objective standard used in accident evaluations and investigations;
- It provides one means used to evaluate the safety performance of both an entire fleet and its individual drivers;
- It provides for one means to monitor the effectiveness of a company’s fleet wide safety programs;
- It assists the company when dealing with potential safety infractions by any individual driver;
- It can assist in implementing “safe driving recognition programs”.
If you, or a loved one, have been in an accident with a big rig or other large commercial truck, all of the above information is relevant to your claim. This is one of those spots when you really need an experienced veteran truck accident attorney, like those we have at Carabin Shaw.
It takes such an experienced attorney to check out the employer company’s paperwork and see if the employer company has a safety program in place which complies with all applicable Federal and State regulations.
The employer company, and the driver, will have experienced attorneys, investigators and expert witnesses at their disposal. You need the same. We at Carabin Shaw have the experience, resources and contacts in the industry to fight the companies and insurance carriers on a level playing field. This is exactly what you must have in your time of need.
You need to concentrate on healing and possibly grieving after a serious accident. If you choose to hire Carabin Shaw, we can take care of the details while you try and get on with your life. We are ready to fight whatever fight is needed to get you the compensation you deserve.
Are you in Corpus Christi? Have you been in an accident with an 18 wheeler or other big rig?
Give Carabin Shaw a call. We can help. Call us at 361.444.1111, local if you’re in Corpus Christi.
The Carabin Shaw Offices in Corpus Christi are located two blocks south of the Nueces County Courthouse in Corpus Christi, Texas.
Our Corpus Christi telephones are answered 24 hours a day, 7 days a week. Call 361.444.1111.