Many motor vehicle collisions are the result of failure to pay attention, to obey the speed limit, to obey traffic control signs and markings, or other similar negligent behavior that causes a crash.
For most regular car drivers, crashes primarily arise as a result of poor decisions or mistakes made immediately prior to the wreck. This is not the case for truck accidents caused by professional drivers operating tractor-trailers. Often, the direct cause of truck crashes is a failure to maintain and operate the truck in a safe manner over the long term. But the root cause of that driver’s behavior is a corporate indifference by trucking companies to well-established commercial motor carrier safety rules.
While it is important to identify any of the truck driver’s immediate failures that were a direct cause of a trucking crash, it can be just as essential to determine the root causes that led a professional driver to operate the tractor-trailer in that way.
What are signs of a trucking company’s indifference to regulations?
One way to explore those root causes is to investigate whether or not the trucking company:
- Hires unsafe drivers
- Provides poor truck driver training
- Lacks or does not enforce safety policies and procedures
- Encourages its drivers to cut corners either directly or through financial incentives to complete trips faster
One way to identify these failures is to gather data on the trucking company, collected by government regulatory enforcement agencies. The federal government manages our interstate commercial motor transportation system through the Federal Motor Carrier Safety Administration (FMCSA).
Common causes of truck accidents
These unsafe practices by truck drivers and companies contribute to a significant number of preventable accidents on the roads each year. Holding negligent parties accountable would go a long way toward improving trucking industry safety standards. What it often boils down to is the root cause of trucking accidents: safety violations. Here are some ways these issues result in large truck crashes.
- Driver fatigue: Truck drivers often work long hours and may falsify log books, leading to drowsy driving and increased risk for a semi truck crash.
- Distracted driving: Truck drivers using cell phones, texting, eating, or engaging in other distracting activities while driving.
- Speeding: Truckers may exceed speed limits or drive too fast for road conditions to meet tight delivery deadlines.
- Improper loading: Overloading a commercial motor vehicle or failing to secure cargo properly can lead to shifting loads, tipping, or lost cargo on the road.
- Poor vehicle maintenance: Trucking companies may neglect regular maintenance, leading to issues like brake failures, tire blowouts, or mechanical defects.
- Inadequate driver training: Companies that fail to provide proper training for drivers on safety procedures, defensive driving, and vehicle operation.
- Pressure to meet deadlines: Unrealistic schedules set by trucking companies can encourage drivers to engage in risky behaviors like speeding or forgoing rest breaks.
- Driving under the influence: Truck drivers operating vehicles while impaired by alcohol, drugs, or prescription medications.
- Failure to adjust to weather conditions: Truckers not reducing speed or following safety protocols in adverse weather like rain, snow, or fog.
- Noncompliance with regulations: Companies or drivers violating FMCSA regulations on hours of service, vehicle maintenance, or driver qualifications.
What are FMSCA’s responsibilities?
Its responsibilities include the promotion of commercial motor carrier and driver safety through:
- Licensing
- Data analysis
- Regulatory enforcement
- Roadside inspections
- Research and development of new safety technology
The FMCSA issues regulations that govern the conduct of commercial motor carriers and drivers to ensure that they meet bare minimum safety standards when transporting goods and people across state lines. These are published in the U.S. Code of Federal Regulations and are known as the Federal Motor Carrier Safety Regulations (FMSCR). All interstate motor carriers and drivers must adhere to these safety regulations, or face financial penalties and being placed out-of-service.
What other information does FMSCA keep on the trucking industry?
In the process of enforcing the FMCSRs, the agency collects a tremendous amount of data about the operations of every interstate motor carrier, including:
- The number of trucks owned
- Drivers employed
- Miles driven per year
- Roadside inspections
- Regulation violations
- Traffic infractions
- Reportable crashes
- Fatalities
- Compliance review
- Safety audits
The above list is only a portion of the data collected. For many motor carriers, the FMCSA issues a safety rating based on that company’s safety performance. The FMCSA compiles this information in a database called the Motor Carrier Management Information System (MCMIS).
The FMCSA makes some of this information publicly available through a system called Safety and Fitness Electronic Records (SAFER), which is a website that allows database searches by motor carrier name or Department of Transportation number.
This data is crucial to properly investigating a trucking accident. A motor carrier is responsible to adhere to safety standards in the management of its entire fleet of trucks and drivers. This includes federal mandated procedures for hiring drivers who are qualified and who do not have an unreasonable history of safety violations.
What should potential truck drivers be screened for, prior to being hired?
A motor carrier that hires a driver who has a history of:
- Traffic violations
- Preventable collisions
- Illicit drug or alcohol abuse
- Regulation violations designed to prevent driver fatigue
- A disqualifying medical condition
…or some other alarming background knows or should know that they are subjecting the motoring public to potentially fatal danger by placing an unsafe driver behind the wheel of an 80,000-pound vehicle.
Some motor carriers will create a culture of placing profits ahead of safety by encouraging drivers to speed or cut corners to complete trips. Even experienced drivers can cause a truck accident with serious injuries as a result of this pressure to perform despite safety measures.
Often, one can identify a trucking company that demonstrates a systemic disregard of the safety regulations by pulling the data collected by the FMCSA that shows repeated FMCSR violations, trucks and drivers being put out-of-service, high rates of crashes compared with similar sized operations, and a lack of safety policies and procedures or enforcement.
Consequences of truck accidents
Truck accidents can have devastating consequences for all parties involved, often resulting in severe injuries, fatalities, substantial property damage, and long-lasting emotional trauma. Due to the sheer size and weight of commercial trucks, collisions involving these vehicles tend to be more catastrophic compared to accidents involving passenger cars.
Catastrophic injuries and wrongful death
Injuries sustained in truck accidents are often severe and life-altering. Victims may suffer from traumatic brain injuries, spinal cord damage, broken bones, internal organ damage, and disfiguring lacerations. These injuries can lead to prolonged hospital stays, extensive medical treatment, and lengthy rehabilitation periods. In some cases, victims may face permanent disabilities that affect their ability to work and enjoy life as they did before the accident.
Tragically, truck accidents also claim many lives each year. The force of impact from a large commercial truck can be deadly, especially for occupants of smaller passenger vehicles. Families who lose loved ones in truck accidents must cope with immense grief, emotional pain, and the financial burdens associated with the loss of a primary earner.
Property damage
In addition to physical injuries and loss of life, truck accidents often cause significant property damage. The destruction of vehicles, infrastructure, and surrounding property can be extensive. This can lead to costly repairs or replacements, as well as temporary road closures and traffic disruptions.
Long-term impacts
The impact of truck accidents extends far beyond the immediate physical and financial consequences. Victims and their families often experience profound emotional distress, including post-traumatic stress disorder (PTSD), anxiety, depression, and sleep disturbances. The psychological scars can last a lifetime, affecting personal relationships, work performance, and overall quality of life.
Moreover, truck accidents can have far-reaching economic consequences. Victims may face mounting medical bills, lost wages due to time off work, and reduced earning capacity if they suffer long-term disabilities. Families who lose a primary earner may struggle to make ends meet and provide for their children’s future.
The severe consequences of truck accidents highlight the importance of holding negligent parties accountable for their actions. When truck drivers or trucking companies prioritize profits over safety by engaging in reckless behaviors or violating regulations, innocent lives are put at risk.
By pursuing legal action against those responsible, victims and their families can seek justice and compensation for their losses and help prevent future accidents by sending a strong message that safety must always come first in the trucking industry.
How can a truck accident lawyer help?
When someone is injured or loses a loved one in a crash involving a heavy truck, 18-wheeler, or other commercial vehicle, seeking the assistance of an experienced truck accident lawyer can be crucial in navigating the complex legal process and securing the compensation they deserve.
In personal injury cases, a truck accident lawyer can help the injured victim pursue damages for medical expenses, lost wages, pain and suffering, and other related costs. The lawyer will gather evidence, interview witnesses, and consult with medical experts to build a strong case demonstrating the extent of the injuries and the negligence of the truck driver or trucking company. They will also handle negotiations with insurance companies and, if necessary, represent the victim in court to fight for fair compensation.
Wrongful death cases arise when a truck accident results in the loss of life. In these tragic situations, a truck accident lawyer can assist the deceased’s family in seeking justice and compensation for their loss. They will work to prove the negligence of the responsible parties and pursue damages for funeral expenses, lost future income, loss of companionship, and the emotional suffering endured by the family. While no amount of money can replace a loved one, a successful wrongful death claim can provide financial security and a sense of accountability for the family.
Navigating the legal system governing big rigs
Truck accident cases are often more complex than typical car accident cases due to the intricate web of federal and state laws governing the trucking industry. A skilled truck accident lawyer knows these regulations and can identify violations that may have contributed to the accident.
Multiple parties may share responsibility, and pursuing claims against all negligent entities can maximize the compensation available to the victim or their family.
Truck accident lawyers also have experience dealing with the aggressive legal teams and insurance companies that represent trucking companies. These entities often prioritize protecting their clients’ interests and minimizing payouts. An experienced lawyer can level the playing field, ensuring that the victim’s rights are protected and that they are not taken advantage of during settlement negotiations or court proceedings.
Call Allen & Allen to talk to an attorney about a truck accident claim
If you or a loved one have been injured in a trucking accident, it is important to begin an investigation early. Part of that investigation should include evaluating the trucking company’s safety profile maintained by the FMCSA to determine whether the incident was not caused by a one-off moment of inattention, but rather the inevitable outcome of a corporate culture of loose safety standards and driver accountability.
Call the compassionate tractor-trailer attorneys at Allen & Allen today for a free consultation at 866-388-1307 or schedule a consultation online anytime. Our legal team is familiar with the laws that govern commercial vehicles and investigating serious crashes involving large trucks. We help accident victims who suffer injuries in these crashes hold the at fault party accountable.
