Understanding Truck Accidents: Causes & Prevention

Overview of Trucking Accidents

Trucking accidents involve large vehicles like semi-trucks, big rigs, and 18-wheelers. These accidents often result in severe or even fatal injuries due to the substantial difference in size and weight between trucks and regular cars. Common causes of trucking accidents include driver fatigue, speeding, improper truck maintenance, and loading errors. Unlike typical car accidents, trucking accidents also frequently involve complex legal issues because they often include multiple parties, such as truck drivers, trucking companies, and manufacturers.

Truck drivers must follow specific regulations addressing factors like how long they can drive without taking breaks, how often they must perform inspections, and how to secure their loads. However, some drivers or companies ignore these rules to save time or money, which can lead to dangerous situations on the road. Determining who is responsible is often an essential aspect of seeking compensation when a truck accident occurs. Liable parties can include the driver, the company that owns the truck, or even the company that loaded the truck.

Victims of truck accidents commonly face long recovery times and significant medical expenses. Appropriate legal representation is essential for these victims when demanding accountability and fair compensation. A knowledgeable truck accident lawyer can help truck accident survivors understand their rights and work to get them the compensation they deserve. Trucking companies often have strong legal teams, so having an experienced lawyer is necessary to level the playing field and challenge them effectively.

Most Frequent Types of Vehicle Accidents in the Trucking Industry

If you have been in a truck accident and are considering legal action, understanding the different types of accidents is essential. Identifying the type of truck accident that harmed you can clarify who might be at fault and what specific laws apply. Here are some common examples of the most frequent types of vehicle accidents in the trucking industry:

Jackknife Accidents: A jackknife accident occurs when a truck driver brakes suddenly, and the trailer swings out to form an acute angle with the tractor, resembling a folding knife. This type of accident can block multiple lanes of traffic, creating dangerous situations for other vehicles. Factors like slippery roads and sudden stops often contribute to jackknifing, making it a frequent hazard in poor driving conditions.
Rollovers: If a truck driver loses control, the truck can tip over, especially during sharp turns or sudden maneuvers. This is especially likely to happen if the driver is speeding or their load is uneven. Rollovers are particularly dangerous because they can impact other vehicles, cause secondary crashes, and lead to severe or fatal injuries.
Underride Accidents: These collisions occur when a smaller vehicle hits the back of a truck and slides underneath it. Mandatory underride guards are supposed to prevent this, but they do not always work effectively. These crashes are extremely dangerous and often result in serious injuries or death due to the car’s cabin getting crushed.
Blind Spot Accidents: Trucks have large blind spots on all sides. If a truck driver fails to spot a vehicle in these blind spots while changing lanes or turning, blind spot accidents can occur. Drivers often emphasize the importance of staying out of truck blind spots to avoid such accidents, but it is also the driver’s responsibility to monitor them.
Rear-End Collisions: If a truck driver cannot stop quickly enough due to heavy loads or poor brake maintenance, they might crash into the back of another vehicle. The impact of a heavy truck hitting a smaller car can cause significant damage and injuries.
Tire Blowouts: If a truck’s tire blows out, it can cause the driver to lose control and crash. The suddenness of these events can lead to swerving or even rollovers, posing risks to the truck and nearby vehicles. Regular maintenance and tire checks can reduce the likelihood of tire blowouts and subsequent accidents.
Lost Load Accidents: Improperly secured cargo can fall off a truck, scattering debris across the roadway and creating obstacles for other vehicles. In some cases, hefty cargo items can even crush smaller vehicles. These accidents can also lead to multi-car pile-ups if drivers cannot avoid the sudden hazards in their path.
Head-On Collisions: These are among the most deadly truck accidents, often occurring when a truck crosses into oncoming traffic. Common causes include driver fatigue, distraction, or intoxication. The force of a head-on collision with a large truck can result in catastrophic outcomes for the occupants of smaller vehicles.

Common Causes of Truck Accidents

If you’ve been in a truck accident, understanding the common causes of these wrecks can allow you to pinpoint where the fault may lie and which parties could be responsible. Leading causes of truck accidents include:

Driver Fatigue: Many truck accidents happen because drivers are too tired to operate safely. Truck drivers often have demanding schedules that require long hours on the road, which can lead to dangerous exhaustion. Fatigue can impair a driver’s reaction time, decision-making abilities, and attention to the road, significantly increasing the risk of accidents.
Distracted Driving: Distractions are a major cause of truck accidents. Common truck driver distractions include using smartphones, eating, adjusting the radio, or other activities that divert attention from driving. If truckers lose focus, even for a second, the consequences can be disastrous due to the size and weight of their vehicles.
Speeding: Exceeding speed limits or driving too fast in certain conditions is particularly dangerous for truck drivers, whose vehicles need more distance to stop than smaller cars. Speeding can lead to loss of control, especially in adverse weather conditions or dense traffic, making it harder to react to road hazards or traffic changes.
Poor Vehicle Maintenance: Regular maintenance is essential for the safe operation of any vehicle, especially large trucks. Failure to properly maintain brakes, tires, lights, or other critical components can lead to mechanical failures that cause accidents. Truck owners and operators are responsible for ensuring their vehicles are in good working condition. If they fail to do so, they can be liable for any resulting accidents.
Impaired Driving: Driving under the influence of alcohol or drugs is a dangerous risk for any driver, but it is even more perilous for truck drivers. Intoxication can significantly affect a driver’s judgment, reflexes, and ability to safely operate a large and heavy vehicle, which can easily lead to severe accidents.
Improper Loading: The way cargo gets loaded onto a truck can greatly impact how the vehicle handles on the road. Ensuring that cargo is properly balanced and secured is essential to prevent rollovers and other accidents. Improperly secured or unevenly distributed loads can shift unpredictably, causing the driver to lose control.

How Passenger Vehicle Drivers Contribute to Accidents

In some cases, other vehicle drivers can contribute to truck accidents. If you were involved in a truck accident, it’s possible that another driver’s behavior contributed to the crash. For instance, a car driver might have cut too closely in front of the truck, leaving insufficient space for safe braking. This could have resulted in an unavoidable collision if the truck driver did not have enough time to react appropriately.

Similarly, if another driver was moving erratically or exceeding speed limits, they might have created a hazardous situation that caused the truck accident. For instance, if a car driver rapidly accelerated and then suddenly slowed down in front of the truck, the truck driver would have limited options to avoid a collision. Such unpredictable speed changes can catch a truck driver off guard, especially on highways where vehicles move at high speeds.

It’s important to acknowledge that truck drivers are still responsible for upholding high safety standards, even in such scenarios. They must be vigilant, anticipate possible driving errors from others, and adjust their driving to accommodate the unpredictable actions of smaller vehicles around them. This means maintaining a safe following distance, driving at reasonable speeds, and constantly checking mirrors for cars that might be hiding in blind spots. It is a truck driver’s responsibility to manage their vehicle’s capabilities and limitations to prevent accidents.

Commercial Truck Driver Errors and Accidents

Truck driver errors due to inadequate training, exhaustion, and other preventable factors often lead to severe accidents on the road. Truck drivers must have proper training so they know how to handle large vehicles and respond to traffic situations safely. If a truck driver has not received adequate training, they might not know how to manage a truck’s size and weight, especially in emergency scenarios or adverse weather conditions. This lack of skill can result in dangerous collisions that could have been avoided with better preparation.

Exhaustion is another critical issue for many truck drivers. These operators typically work odd schedules and drive long hours to meet delivery deadlines, which can lead to extreme fatigue. An exhausted driver has slower reaction times and a reduced ability to make quick decisions, which is extremely dangerous when operating a heavy truck. For example, a tired truck driver might not react quickly enough to stop at a traffic signal or could drift between lanes, either of which could lead to preventable collisions with other vehicles.

Trucking companies are responsible for ensuring their drivers are well-trained and not overworked. If a trucking company fails to provide adequate training or makes unreasonable demands on its drivers’ time, it can be liable for accidents resulting from these oversights. The law requires trucking companies to follow strict regulations regarding driver training and hours of service. When companies ignore these rules, they endanger everyone on the road and can face legal consequences if their negligence leads to accidents.

The Impact of Truck Accidents

Truck accidents are a significant and growing concern on our roads, particularly in terms of their severity and frequency. The following statistics from the Federal Motor Carrier Safety Administration highlight an alarming trend in accidents involving large trucks, with considerable increases in both fatal and non-fatal incidents in recent years:

In 2021, 5,904 large trucks and buses were involved in fatal crashes, marking an 18-percent increase from the previous year.
Between 2020 and 2021, the fatality rate for large trucks and buses per 100 million vehicle miles traveled increased from 0.176 to 0.191.
There was a 34-percent decrease in fatal truck accidents from 2005 to 2009 but a subsequent 52-percent increase from 2010 to 2021.
From 2016 to 2021, the number of large truck injury crashes rose by six percent.
Between 2020 and 2021 alone, the number of large trucks involved in fatal crashes increased by 18 percent, and those involved in injury crashes increased by 11 percent. Additionally, trucks involved in property damage-only crashes rose 25 percent.

Liability and Responsibility in Trucking Accidents

Trucking accidents can lead to severe injuries and significant property damage, which can raise complex questions about liability and responsibility. In the aftermath of a truck accident, determining who is at fault is essential for resolving legal claims and compensating affected parties. The process of determining liability requires thorough investigations and a clear understanding of the laws governing road safety and commercial trucking.

Determining Who Is Responsible

After a truck accident, personal injury lawyers begin their investigations by gathering as much evidence as possible to build a strong case. They start by collecting accident reports, witness statements, truck driver logbooks, and video footage from traffic cameras or dashcams. This information provides a factual basis for understanding the circumstances of the crash.

Next, attorneys typically look into the truck driver’s actions to see if negligence played a role. This might include examining whether the driver violated traffic laws, such as by speeding or illegally changing lanes, or if they were driving under the influence of alcohol or drugs. The driver’s hours of service (HOS) are also often relevant. HOS logs can show if the driver was likely fatigued due to exceeding the legally permitted driving hours.

The truck’s condition is another critical aspect in some truck accident cases. Poor maintenance can be a direct cause of accidents. For example, brake failures or tire blowouts can occur if trucking companies are negligent in maintaining their fleets. As a result, truck accident lawyers often look into whether an accident-involved truck received regular inspections and appropriate maintenance per industry standards.

Even if a trucking company itself was not negligent, it could still be liable under the legal concept of “respondeat superior.” This principle says employers are responsible for the actions their employees perform within the scope of employment. So, if a company pushes its driver to ignore safety regulations to meet delivery deadlines or fails to provide adequate training, it could be responsible for a subsequent accident.

Furthermore, liability might extend to other parties, such as cargo loading teams or the manufacturers of the truck or its components. For instance, a cargo loading company could be liable if improperly secured cargo shifts and causes a truck to overturn. Similarly, a manufacturer might be responsible if a truck’s mechanical failure is due to a manufacturing defect.

Truck accident attorneys use all the available evidence to piece together who was at fault and to what extent. Establishing liability in truck accidents is complex and requires a detailed understanding of the accident’s specifics and the legal standards that apply. The investigative process aims to ensure that all parties responsible for the accident face accountability so injured parties can seek the compensation they deserve.

Trucking Regulations in the U.S.

Federal agencies like the FMCSA heavily regulate the United States trucking industry to ensure safety for both truck drivers and other road users. These regulations aim to address various aspects of trucking operations, from vehicle maintenance to driver working conditions. Here are some key regulations that play a crucial role in the industry:

Hours of Service Regulations: These rules strictly limit the number of hours a truck driver can operate in a given day or week to prevent fatigue-related accidents. For example, drivers must take regular breaks and may only drive for 11 hours within a 14-hour window after coming on duty, followed by ten consecutive hours off-duty.
Drug and Alcohol Testing: The trucking industry enforces strict drug and alcohol testing policies to promote safety. Drivers must undergo drug and alcohol testing in various situations, including during pre-employment checks, randomly while employed, after accidents, and whenever there is a reasonable suspicion of substance abuse.
Vehicle Maintenance Standards: Regular maintenance checks are mandatory to ensure trucks are in safe working condition. The FMCSA requires all commercial trucks to undergo systematic inspections, maintenance, and repairs to prevent mechanical failures that can lead to serious road accidents.
Cargo Securement Rules: Properly securing cargo is vital to prevent accidents due to shifting or falling debris. The FMCSA provides specific guidelines on securing various types of cargo based on size, shape, strength, and weight.

If truck drivers or motor carriers violate these regulations, the risk of accidents increases significantly. If an investigation reveals that regulatory violations were a contributing factor in an accident, the driver and trucking company could face liability.

Importance of Legal Representation in Trucking Accidents

If you get hurt in a truck accident, legal representation is essential. An experienced truck accident attorney can handle the demanding legal requirements that apply to these cases and stand up to big trucking companies on your behalf. A lawyer’s professional knowledge is critical because trucking accidents often involve multiple parties, complex insurance policies, and various regulations that do not apply to typical car accidents.

Why Truck Accident Cases Are So Complicated

The complexity of truck accidents stems from several unique factors:

Multiple Responsible Parties: Unlike car accidents, where fault often lies with one driver, truck accidents can involve several potentially liable parties. These can include the truck driver, the trucking company, cargo loaders, or even maintenance teams. Determining who is responsible requires a thorough understanding of the trucking industry and each party’s specific role.
Severe Injuries and Higher Stakes: Due to the sheer size and weight of trucks, accidents involving these vehicles can result in particularly severe injuries. This increases the stakes of associated legal claims, both in terms of potential compensation and the intensity of negotiations. Insurance companies representing trucking firms are often highly aggressive in defending their cases since so much is at stake.
Complex Regulations: The trucking industry is subject to a complex web of federal and state regulations. These include standards for vehicle maintenance, hours of service for drivers, and cargo handling. Violations of these regulations often contribute to accidents, but proving such violations requires extensive legal knowledge.
Extensive and Unique Evidence: Successfully arguing a truck accident case often hinges on detailed evidence, such as driver’s logs, truck maintenance records, and data from electronic logging devices. Lawyers often employ experts to analyze this evidence, reconstruct truck accidents, and prove how a violation might have led to a crash.

Why You Need an Experienced Truck Accident Lawyer

Having an experienced lawyer by your side is essential after a truck accident, especially when facing large trucking companies and their insurers. These organizations often have significant resources and employ various tactics to avoid liability and minimize payouts.

Trucking companies and their insurers frequently attempt to shift the blame to accident victims. For instance, they might argue that you were driving recklessly or violating traffic laws, even if the truck driver was at fault. A knowledgeable lawyer can counter these claims by thoroughly investigating the wreck, gathering evidence, and using witness statements to support your case.

Another common strategy these companies use is to offer quick, low settlements to close the case before you fully understand the extent of your injuries and other losses. Experienced lawyers are familiar with this tactic and will advise you not to accept any offers without a proper evaluation to determine whether they cover all your losses.

Furthermore, trucking companies and their insurers might delay the proceedings to pressure you into settling for less. A seasoned lawyer will work hard to keep the process moving, get your case the attention it deserves, and push for a timely resolution. They understand the stakes and have the skills to handle the aggressive defense tactics of these powerful companies, aiming to get you the compensation you need.

Pursuing Compensation in Truck Accident Cases

New York and New Jersey are no-fault accident states, meaning you must first turn to your own insurance provider for compensation after an accident. However, in certain circumstances, you could be entitled to additional compensation from third parties, including truck drivers, motor carriers, and others in the trucking industry. Depending on the circumstances, this could include compensation for:

Medical Expenses: The cost of all medical treatment you need due to the accident, including emergency care, hospital stays, medications, physical therapy, and any future medical treatments related to your injuries
Lost Wages: Any income you lose while recovering from your truck accident injuries and any loss in earning potential if you’re unable to return to work at the same capacity as before the accident
Pain and Suffering: Subjective losses like pain, suffering, and diminished quality of life due to long-term injuries or emotional distress from the crash

Safety Measures and Accident Prevention

Staying safe on the road involves being aware of how to interact safely with large trucks. Trucks have different limitations than passenger cars, such as larger blind spots and longer stopping distances. Here are some strategies everyday drivers can use to prevent accidents when sharing the road with trucks:

Keep a Safe Distance: Always maintain a safe following distance when driving behind a truck. Trucks can’t stop as quickly as cars, so giving yourself more space allows you to react if a truck brakes suddenly. Aim for at least a four-second following distance, which increases your field of vision and allows you to prepare for sudden stops.
Pass Carefully: When passing a truck, make sure you can see the driver in the truck’s mirror so you can signal your intention to pass. Accelerate smoothly and pass quickly to minimize your time in the truck’s blind spot. Always pass on the left side, where the driver will have a better view of your vehicle.
Be Mindful of Blind Spots: Trucks have large blind spots on both sides, directly behind the trailer, and in front of the cab. Avoid lingering in these areas. If you can’t see the truck driver’s face in their side mirror, assume they can’t see you either.
Avoid Abrupt Maneuvers: Avoid cutting in front of trucks or making sudden lane changes near them. Truck drivers need more time and distance to adjust their speed and direction. Signal clearly and early before you make any moves to give the truck driver time to react.

Be Patient and Predictable: Understand that trucks maneuver slowly. They take longer to accelerate, turn, and stop. Avoid making unpredictable moves or maneuvers that could confuse or surprise a truck driver, like speeding or switching lanes erratically.

After an Accident: Dos and Don’ts

After a truck accident, knowing the right steps to take can significantly affect the outcome of your case. Knowing what not to do in the aftermath of the accident is equally important. Here are some dos and don’ts to keep in mind.

Do

Seek Medical Attention: Even if you feel fine, you should see a doctor promptly after an accident. They can assess your condition and provide a medical report, which will be important if you later experience health issues related to the accident.
Follow Up with Your Provider: Continue to follow up with any necessary medical care and keep records of all appointments, treatments, and progress. Ongoing medical documentation is essential in proving the extent and duration of your injuries.
Consult an Attorney: Seek legal advice soon after the truck accident. An experienced truck accident lawyer can guide you through the legal process, protect your rights, and develop a strategy to pursue the compensation you are entitled to.

Don’t

Admit Fault or Discuss Accident Details with Others: Be careful not to admit fault or discuss the details of the accident with other drivers or witnesses. What you say can be used against you in legal or insurance proceedings.
Post About the Accident on Social Media: Avoid discussing or posting details of the accident on social media. Insurance companies and opposing legal teams can access the information you share online and use it to challenge your claim.
Settle Quickly Without Legal Advice: Be wary of quick settlement offers from insurance companies or trucking company representatives. These initial offers likely won’t fully cover all your current and future costs related to the accident. A knowledgeable attorney can evaluate offers to ensure they are adequate.

Contact Our Experienced New Jersey Truck Accident Attorneys

Are you seeking compensation after a trucking accident in New York or New Jersey? Don’t face this challenging time alone. Contact Nagel Rice LLP to discuss your case. We offer a free initial consultation to talk about your situation and explore your options for moving forward.

Nagel Rice LLP helps its clients throughout New Jersey, including Roseland, Bergen County, Essex County, Middlesex County, Monmouth County, Morris County, Passaic County, and Sussex County. We also represent clients in New York throughout Manhattan, Queens, Staten Island, Brooklyn, and the Bronx.

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