Commercial vehicles, such as tractor-trailers and semi-trucks, are one of the leading causes of fatal accidents on U.S. roadways. Their considerable size makes them a substantial risk for those operating smaller passenger cars.
Too often, a harried truck driver on a deadline is guilty of working more hours than deemed safe, leading to a truck accident. Sometimes, the trucking company or truck owner can be found liable for a semi-truck or tractor-trailer accident, or even a truck manufacturer could be held responsible if the accident was caused by a faulty auto part.
Many factors and conditions contribute to truck accidents. A knowledgeable truck accident lawyer can investigate the cause of your accident and help you navigate the legal claims process.
Most truck accidents are preventable, and the causes of these collisions fall under three main categories: driver errors, trucking company errors, and manufacturing errors.
Driver errors are the most common reasons for accidents involving semi-trucks and tractor-trailers and include the following.
When a driver sets out on a long haul, they must adhere to federal regulations for breaks if they transport goods from state to state. These regulations include:
Some truck drivers may disregard the regulations for breaks. They may try to make up for lost time because of adverse weather or traffic jams, or maybe they are trying to make an unrealistic deadline set by their employer. Whatever the reason, a truck driver who does not follow these regulations can become seriously fatigued or fall asleep while behind the wheel, leading to a serious accident.
Distracted driving is a leading cause of big-rig accidents. The primary culprit is using a cellphone while driving, including answering calls, making calls, texting, answering, or reading emails, watching videos, and other phone activities.
Using a dispatching device while driving is akin to texting for truck drivers. These devices help drivers communicate, navigate, and keep logs. They are sometimes called mobile or portable data terminals, and they can be distracting to a driver. That is why many trucking companies have policies against engaging with the device while driving. Some devices even automatically lock when the truck is in motion.
Generally, anything that takes a driver’s eyes off the road, hands off the wheel, or mind off driving is a distraction, such as:
Some truck drivers will take stimulants or other drugs to keep awake. Others may drink alcohol while behind the wheel. Even an over the counter or prescription drug can affect a driver’s ability to focus and operate the vehicle. Just like passenger car drivers, truckers should never drive under the influence of an intoxicating substance.
Although this can also be the company’s fault that hired them, a truck driver who is not licensed and trained to drive a large commercial truck is a liability. Driving trucks that can weigh up to 80,000 pounds takes skill and experience, as well as a commercial driver’s license (CDL). Truckers who get behind the wheel without training and licensing are putting their and others’ lives at risk.
Many times, truck drivers are working under tight schedules and with inadequate breaks. Sometimes, they are distracted. This can lead to reckless driving, like:
Sometimes, heavy rain, snow, ice, or other weather events will cause roads to be slick or otherwise unsafe. A truck driver who does not slow down or use extra caution with dangerous weather and road conditions is a hazard to everyone.
Some truck drivers may think they are immune to weather and road conditions because they are in large, heavy vehicles, but that is wrong. They may be even more susceptible because commercial trucks are unwieldy by their very nature.
In some cases, the company that owns or manages the truck can also be held liable. It is not uncommon for a trucking company to have policies, rules, and even incentives that do not make for the safe operation of their trucks, including the following:
Government regulations call for periodic inspections of commercial trucks. These inspections are designed to find issues that could lead to unsafe driving. Some trucking companies forego or reduce the inspections or have unkept records. The result can be a trucker driving a faulty truck that could be a hazard on the roadway.
Along with inspections, commercial trucks need to undergo periodic maintenance. Maintenance can ensure that the truck’s tires and parts run smoothly to keep the driver and other motorists safe from harm. When companies fail to maintain their trucks consistently or when problems occur, they open themselves up to liability.
Trucking companies often have a difficult time finding drivers. They may be desperate enough to hire drivers who do not have the proper training, experience, or license. Truckers are required to have a special CDL. A company that employs drivers without this license could be held liable in an accident.
Some companies are so anxious to get drivers on the road that they fail to fully train them or test them. They may also not require periodic follow-up training and testing, which could help ensure that truckers continue to drive safely.
Some companies provide financial incentives to drivers who make their deliveries early. Although this could be seen as a perk, some drivers may speed, forego breaks, or drive recklessly to get to their destination before the deadline, a risky endeavor for them and Drivers who share the road with them.
Trucking companies may require extremely tight delivery deadlines for their truck drivers. This puts the driver in a position to potentially drive recklessly without breaks to make the deadline, especially if they have been held up by traffic jams, construction delays, or adverse weather.
Truck drivers must keep logs of actual driving versus break or sleep times. Many of these are electronic logs that automatically register data when the truck is moving versus idle. Some companies may not thoroughly check these logs to ensure their drivers follow regulations for safety.
In addition to driver and trucking company errors, there are other reasons a trucker may get into a tractor-trailer or semi-truck accident. These include but are not limited to the following:
Tire blowouts are a considerable concern for truck drivers. Everyone has seen pieces of tread from a large tire on the roadway. A blowout makes the truck extremely difficult to control. Braking and steering are both affected. When a tire blows because of a design or manufacturing defect, the tire manufacturer could be liable for a semi-truck or tractor-trailer accident.
Sometimes, a critical component of the truck will fail from lack of inspection and maintenance or because the truck manufacturer produced a faulty part. Failed parts can occur in the engine, steering or braking systems, the drive train, or anywhere else on a large truck. In some cases, a trailer will even become detached from the cab. With so many parts that could fail, a serious tractor-trailer accident could happen quickly.
A cargo loader, such as a parts manufacturer, distributor, logistics company, or warehouser, must adhere to certain rules when loading a commercial truck. When a tractor-trailer is improperly loaded, cargo can shift, causing the truck to jackknife, roll over, or veer out of control. Any of these situations could be deadly to the driver and other motorists.
The road’s owners, such as a government municipality, county, or state, are responsible for ensuring the roadways are always in good condition. That includes everything from signage and safe placement of orange barrels during construction to everyday pothole maintenance. When roads are not kept in good working order, truck drivers could lose control and cause a bad accident.
Every year, thousands of truck accidents cause serious and fatal injuries. An injury from a truck accident is often permanent, changing the driver’s life forever. If you are involved in a truck accident, contact an experienced lawyer to understand your legal options.
Trucks are unique in the way they operate and are constructed. Given their size, weight, and shape, the types of accidents that trucks are involved in differ from those involving cars. Common types of truck accidents include:
A jackknife is when a truck with a cab and a trailer fold in on itself at the point of separation, forming a 90-degree angle V-shape. The effect resembles a pocketknife blade folding into its handle while closing. The cause is usually the driver stopping or turning too fast, which forces the trailer’s weight to push forward.
When a truck travels along a curve or turn, centrifugal force causes it to lean away from the direction of the curve. The result can be a rollover in which the truck overturns. Tractor-trailers are particularly vulnerable because of their high center of gravity and frequently unstable loads. Most rollovers occur when an inattentive or inexperienced truck driver fails to adjust their speed to compensate for a sharp turn or curve or to avoid an accident.
Tire blowouts are particularly dangerous for trucks, given their tires’ sizes and importance in supporting the cab or trailer. Blowouts can quickly cause the driver to lose control. At the same time, rubber shrapnel from the blowout can hit other cars or force vehicles to swerve, causing an accident.
To make a right turn, a truck driver must first swing to the left. If the trucker is not paying attention to their surroundings, this maneuver can be tricky and cause an accident.
Commercial trucks have significant blind spots, and changing lanes is a particularly hazardous maneuver. A sudden or inattentive lane change could result in another vehicle being hit, crushed, or forced off the road.
Trucks cannot stop as quickly as cars, owing to their sheer weight and size. If they hit a passenger vehicle from behind, serious injury or even death could result. Rear-end accidents can be caused by speeding, aggressive driving, or distracted and drowsy driving. They could also happen due to poor maintenance or faulty braking systems.
When a truck stops short, a car may be unable to stop in time and could become lodged under the truck’s trailer. Trucks that weigh more than 10,000 pounds must have a guard installed to prevent underride accidents.
When cargo is improperly loaded onto a truck, it runs the risk of becoming loose and falling onto the road, causing havoc for traffic to maneuver around the obstacles. Also, poorly packed cargo can cause weight distribution problems and result in a rollover tractor-trailer accident.
If you are involved in a tractor-trailer or semi-truck accident, it is in your best interest to contact an experienced truck accident lawyer as soon as possible to launch an investigation into the possible cause of the accident.
A lawyer will collect evidence and build a strong case that proves all four of the essential elements of a truck accident negligence claim:
The injured party may be able to seek compensation for economic damages, such as:
Also, non-economic damages can be pursued, such as:
If you have been injured in an accident involving a semi-truck or tractor-trailer, reach out to our Philadelphia tractor-trailer accident lawyers at Galfand Berger LLP. Our experienced legal team will protect your rights. To schedule a free and confidential consultation, call us at 800-222-USWA (8792) or contact us online. Located in Philadelphia, Bethlehem, Lancaster, and Reading, Pennsylvania, we proudly serve clients throughout Pennsylvania and New Jersey, including Allentown and Harrisburg.
