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Big Truck Accident Injury
According to the American Trucking Association, there are over 3,000,000 commercial truck drivers and over 500,000 commercial carriers in the United States. The trucking industry is an important part of the American economy. Most of these drivers and carriers are safe; but when unsafe companies create unrealistic schedules, use unqualified drivers, or allow poorly maintained vehicles to cause dangerous conditions on the road, something must be done. The American public should not have to suffer because of unsafe companies and drivers.
Unsafe Trucks: A National Highway Safety Problem
Cases We've Won
$3.73M - Shelton, et al. v. Little John Trucks, Inc.
In this case, an 18-wheeler was speeding through a construction zone. The big truck ran into the rear of a stopped vehicle. That vehicle then collided into two other vehicles resulting in multiple vehicle crash, multiple injuries, and multiple cases. Duncan Firm was able to settle this case without going to trial.
About Big Trucks
Fully loaded, a tractor-trailer may weigh as much as 80,000 pounds and can be over 65 feet long.
This significantly affects their on-road capabilities:
- Brakes. At 55 mph, a car can usually stop within 130 to 140 feet. A loaded big rig can take 190 to 200 feet to stop, or as much as 450 feet if its brakes are hot from repeated use.
- Acceleration. Because of their weight, big rigs take longer to reach cruising speed than passenger vehicles. This obviously makes it more difficult for a trucker to climb hills or rapidly move from lane to lane.
- Visibility. Tractor-trailers have large blind spots in the rear, on both sides and even in front of the cab. The rear blind spot can be 200 feet deep; on the sides, it can extend past the end of the trailer and in front, it can be as far as 20 feet.
- Maneuverability. Big rigs need extra room to make turns. Drivers often move to the left to make a right turn. Also, on multi-lane roads truckers prefer the middle lane because it gives them more maneuvering options in case of an emergency ahead. Cars can swerve or duck trouble more readily than a large truck.
Roadway Facts
Thousands of commercial trucks crisscross our nation's highways every day. Too often, unsafe trucks are involved in serious, sometimes deadly, multi-vehicle accidents.
- Nearly 5000 people died in 2006 in accidents involving large trucks. Another 106,000 were injured. Of these, 78 percent were occupants of another vehicle, 15 percent were large truck occupants, and 9 percent were non-occupants.
- An additional 114,000 people were reported injured in those crashes
- Of the deaths, 85 % of them were not truck occupants.
- Large trucks are nearly twice as likely to be involved in a fatal accident as passenger vehicles compared with 1.5 accidents per 100 million miles traveled in 2006.
- The higher fatal involvement rate is attributable to the size disparity between large trucks and passenger vehicles.
- The National Highway Transportation Safety Administration (NHTSA) estimates that up to 40% of accidents involving large trucks may be the result of driver fatigue.
- Research by The Insurance Institute for Highway Safety has found that truck drivers behind the wheel for more than 8 hours have a twofold increase in accident risk. In an Institute survey taken in 2005, one-in-five truckers (21%) reported falling asleep at the wheel at least once during the previous month.
- Federal officials have uncovered commercial truck licensing fraud in 24 states, and have on-going investigations in 13 states. They say thousands of unskilled, untrained drivers may be on the nation's highways.
- Transportation experts estimate up to 30% of all commercial trucks on the highways exceed allowable weight limits. The DOT reports about 15% of fatal truck accidents involve overweight carriers.
(Sources include: National Safety Transportation Administration 2006 Traffic Safety Facts; Insurance Institute for Highway Safety; Federal Motor Carrier Safety Administration)
Investigating the Cause of a Trucking Accident
A collision with a large truck can be much more complicated than an accident involving only passenger cars. There are many additional factors to be considered, and many more federal laws that apply to the operation of an interstate commercial vehicle. That's why it's so valuable to work with a law firm that has extensive experience handling truck accident cases resulting in injury.
The Duncan Firm works with investigators and expert accident reconstructionists to gain a better understanding of how the truck accident occurred and who may have been at fault. Investigation is essential to proving that an accident was caused by negligence or reckless behavior.
Common Causes of Large Truck Crashes
Large trucks such as tankers, tractor trailers, semis or 18-wheelers are considerably bigger than the passenger vehicles with which they share the road. On major highways and at higher speeds, even small driving errors that may occur can result in catastrophe when a large truck is involved. Some common errors for large trucks that cause accidents are:
Equipment Failure
- Air brake failure
- Tire blowouts
- Negligent maintenance
- Failure to perform a pre-trip secondary safety measure or to act on signs of trouble
Driving Errors by Truck Drivers
- Inadequate training and experience with handling large trucks in different situations
- Driver fatigue
- Failure to follow safety guidelines
- Failure to properly load the truck or secure cargo
- Overloading
- Using alcohol or drugs while driving
Frequently Asked Questions
Q: What is a "commercial truck"?
A: A commercial truck is a vehicle used in the course of business and/or for the transport of commercial goods. Examples are 18-wheelers, tractor trailers, tanker trucks, dump trucks, delivery vehicles, semi trucks and other large freight trucks.
Q: Are commercial truck drivers required to have a special drivers license?
A: Drivers must have a commercial drivers' license (CDL) if they drive a vehicle that weighs more than 26,000 pounds; transport themselves and 15 or more passengers; or transport hazardous materials. To obtain a CDL, an individual must pass a knowledge and driving skills test taken in a truck that is similar to the type of truck that he or she will be driving. They also have to pass a physical to make sure they are healthy enough to meet the challenges of driving a commercial truck. Truck drivers have been known to go from doctor to doctor in order to pass their physical.
Q: What are the limits on the amount of time that a commercial truck driver can spend on the road?
A: The Federal Motor Carrier Safety Regulations, which apply to all vehicles engaged in interstate traffic, contain specific regulations governing hours of service of drivers (49 C.F.R. §395). For example, a driver is not allowed to drive more than 10 hours following 8 straight hours off duty or for any period after having been on duty 15 hours following 8 consecutive hours off duty.
Q: What is an "underride" accident?
A: When a passenger car collides with a truck or the trailer of a truck or semi-trailer and runs underneath the truck, it is called an underride accident. There are two types of underride collisions: side underride and rear underride. If a car goes under the truck, the roof of the passenger car may be sliced off. If the impact occurs near one of the truck axles, it is likely that the vehicle will be prevented from going completely under the truck.
Q: What are some unique features of trucks that contribute to the severe nature of many truck accidents?
A: Trucks often have large tank bodies that affect the truck's maneuverability. Further, a tanker truck that is carrying liquid may be swayed by the sloshing of the liquid it carries. Trucks also have a longer stopping distance than passenger cars, and the brake systems of trucks and cars are completely different. Most tractor trailers have air brakes in which pressure is used to increase the braking force. Proper use of air brakes can help prevent a truck from sliding and jack-knifing. If a brake system is unbalanced, it can affect the steering, control and stopping distance.
Q: If I am injured in a truck accident, who is responsible?
A: Generally, the driver of the truck, the trucking company and perhaps the truck's manufacturer are liable. If the truck driver is an employee of the trucking company, the company can be held liable for the driver's negligence. If a truck driver is an independent contractor of the trucking company, and not an employee, it will probably not be possible to establish liability. However, the trucking company may be liable for negligent hiring or supervision of the truck driver. It may be possible to sue the truck's manufacturer if you can show that the accident was caused by some defect in the truck.
If you've been involved in a big truck accident, A Duncan Firm big truck attorney can help you determine if you have a case. Find more unsafe driving resources online.
