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Semi-trucks can stretch up to 75 feet in length, and weigh up to 80,000 pounds when fully loaded! Any accident involving a fully loaded big rig can be absolutely devastating to those involved. The National Highway Transportation Safety Administration reports that in 2015, large truck accidents resulted in 4,067 deaths and 116,000 injuries across the United States. 2,990 of those deaths (74%) and 84,000 of those injuries (73%) were the occupants of the other vehicle, not the occupant of the 18-wheeler. Texas led the nation in accident deaths involving 18-wheelers with 561 total deaths and 418 of those deaths were the occupant of the other vehicle, not the occupant of the 18-wheeler.


Truck accidents can be some of the most serious accidents on the roadways. There are many different causes of truck accidents; however, at the root of most accidents is a negligent driver or truck owner. Negligence is a very serious issue as it can result in severe injuries and even wrongful death in some cases. There are three common types of accidents that can result from negligence:

1)   An underride accident occurs when the safety bar on the back of a truck fails to function correctly. These bars are on the bottom of every 18-wheeler trailer. They are designed to keep smaller vehicles from traveling beneath the trailer in the event of a rear-end accident.

2)   A truck rollover accident occurs when the driver puts on his/her brakes and the cab stops, but the trailer does not. The trailer will slide around the side of the cab, and if the wheels catch, the truck will begin to roll.

3)  A jackknife accident occurs in much the same way that a rollover accident occurs. The driver puts on their brakes and the trailer slides around the side of the cab. The trailer continues until it is facing the opposite direction of the cab and pins the cabin in an unmovable position.

There are many laws and regulations that govern truck drivers and their privileges while driving. Truck drivers are only allowed to operate their truck for a certain number of hours every day and are often held accountable by an electronic on-board recorder. When these various laws are broken, the driver, and/or the company he/she is driving for, may be held responsible for any injuries that are caused by his/her negligence.

There are many different forms of negligence that can result in these severe accidents, some of the most common are:

Drunken Driving Trucking Accidents

DWI is an illegal act. When a truck driver is driving while under the influence of impairing substances, they put other drivers around them in great danger due to the destructive capacity of an 18-wheeler.

Employer Negligence

When an employer demands excessive labor from a trucker employee, they put other people at risk. An overworked trucker can become a fatigued trucker and a dangerous hazard to other drivers on the road.

Failure to Maintain

Semi-trucks involve complex machinery and like all vehicles, they require constant upkeep and maintenance. A failure to maintain the machinery could result in a compromised vehicle with great potential for destruction and injury.

Truck Driver Fatigue

When truck drivers are tired, their ability to make good decisions, and their all-around judgment, is impaired. This can be detrimental to other drivers on the road due to the size and weight of most semi-trucks.


The Federal Motor Carrier Safety Regulations require that:

Trucking companies hire qualified drivers
Trucking companies conduct periodic drug tests
Trucking companies maintain safety equipment (for example, lights and brakes)
Truck drivers secure their loads (to avoid shifting and falling cargo)

David McQuade Leibowitz can investigate the background of a truck driver as well as a trucking company to help you identify grounds for negligence – from truck driver fatigue to truck driver errors to maintenance errors or truck overload.


After a truck accident, the sooner the crash is investigated, the better for you if you hope to be properly compensated. A trucking company is quick to mobilize and sometimes its investigators arrive on the scene before the police so it’s imperative that truck accident victims contact David McQuade Leibowitz without delay, as evidence can disappear or be altered as more time lapses. If a trucking company is not ordered to preserve their driver logbooks or maintenance records, they can be destroyed.  It is also not illegal for a trucking company to dispose of a black box (the computer installed in the truck) or repair a truck while a victim waits to file a personal injury lawsuit. Evidence needs to be collected and secured immediately.

Contacting David McQuade Leibowitz as soon as possible enables him to fully investigate your accident. He can then take pictures of the scene, take measurements of the skid marks, look for gouge marks on the roadway surface, look for oil, gas or fluid stains on the road and collect other accident debris. David McQuade Leibowitz can also make a written request to a trucking company that evidence is to be preserved. If this request is not submitted post haste; however, a company is allowed to destroy evidence under the Federal Motor Carrier Safety Administration code.

David McQuade Leibowitz will also be able to locate witnesses who can freshly recall the details of the accident. Interviewing law enforcement personnel is often helpful as is interviewing tow truck drivers, emergency medical personnel and doctors and nurses. Clear and extensive evidence is what you need to have the advantage in a truck accident case. Toxicology reports and doctor’s reports of injuries should also be obtained to be used as evidence in court.

Additionally, David McQuade Leibowitz can help you obtain police reports, evaluate the road conditions and examine driver logs, GPS systems, dispatch sheets, gas receipts, hotel receipts, cell phone bills and other relevant pieces of evidence that can shed light on the truck driver’s schedule and his/her level of fatigue.

Truck drivers can make it look like they were obeying the law when they were actually spending too much time on the road and/or speeding. Often, log books turn out to be fraudulent! This is why a log book should be examined by a pair of professional eyes who knows what to look for.

Attorney Leibowitz can examine the following:

Electronic Control Module (ECM)
Electronic On-Board Recording (EBOR) devices
Internal safety audits
Vehicle inspection reports
Weight tickets
Application for employment
Certification of prior collisions
Certification of prior traffic violations
Drug and alcohol test results
Employment history
Government enforced audit letters
Company safety records

Don’t risk important evidence being tampered with – you need legal representation on your side immediately. The Law Offices of David McQuade Leibowitz, P.C. leaves no stone unturned!


Trucking companies normally have several attorneys on their side who are often experts at navigating lawsuits. Because a trucking company sends investigators to the scene to gather evidence, you should too! Within hours of an accident, a trucking company can send out investigators to collect evidence that is beneficial to the company and its insurers so it is important that YOUR rights are represented from day one as well. Do not let the trucking company crush YOUR chances of obtaining a fair settlement!


After an accident, your priority should be recovering physically. Leave the financial recovery to David McQuade Leibowitz! He has the qualifications you can trust and the experience you deserve! With over 35 years' of legal experience, you will be securing the hard-hitting legal professional YOU need on YOUR side to obtain a successful settlement!
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