Identifying the cause of a commercial truck accident can help determine who is responsible for it and for paying you compensation for your medical bills, lost wages, and other damages. It can also identify the laws that may have been violated and help you establish that someone else was liable for the accident, not you.
In our extensive experience handling truck accident cases, some of the most common causes of truck accidents we have seen include the following:
Driver-Related Errors
According to the Federal Motor Carrier Safety Administration (FMCSA) in its Large Truck Causation Study, driver-related errors are responsible for 87% of truck accidents. The FMCSA classifies driver-related errors in the following areas:
- Non-Performance: Non-performance issues include falling asleep behind the wheel, being disabled by a heart attack or seizure, or being physically impaired for some other reason.
- Recognition: A recognition error involves accidents caused by driver distraction, inattention, or the failure to observe a situation adequately.
- Decision: A decision error occurs when a commercial truck driver makes a decision that jeopardizes the safety of others, such as deciding to drive too fast for the current weather or road conditions. Other examples include following other vehicles too closely or misjudging the speed of other vehicles.
- Performance: These issues occur when the driver panics, overcompensates, or exercises poor directional control.
Specific examples of some of the most common driver-related errors include the following:
Driving Mistakes
Truck drivers can make many of the same common mistakes that other drivers can make, such as misjudging the speed or distance of another vehicle, failing to yield the right of way, or failing to check their blind spots before moving. The difference is that when a commercial truck driver makes these types of mistakes, the consequences can be deadly. Additionally, more driver errors are likely to occur when handling a much larger and more complex vehicle than a passenger vehicle, increasing the odds of a driver-related accident occurring. A particular concern is the wide turning radius of a commercial truck, which can equal 55 feet. Accidents can occur when the truck driver cuts in too closely, turns too widely, or overcompensates after making a turning mistake.
Driver Fatigue
Driver fatigue is one of the biggest hazards on roadways today. Driving tired mimics some of the effects of driving while intoxicated, such as slower reactions, impaired judgment, difficulty staying alert, and losing track of surroundings. When a driver is behind the wheel of a vehicle weighing up to 80,000 pounds, fatal consequences can occur when that driver is tired. Truck drivers can spend many hours on the road at a time, putting them at particular risk of causing fatigue-related commercial trucking accidents.
For these reasons, the federal government has established Hours-of-Service rules. These rules set upward limits on how many hours a truck driver can drive/work in a given workday/week. They also require mandatory rest periods.
When fatigued drivers are suspected of causing commercial truck accidents, experienced lawyers can request information, such as:
- Electronic logging data
- GPS data
- Receipts from stops, including for energy drinks
- Communications from employers, insisting on tight delivery schedules or offering financial incentives for faster deliveries
Distracted Driving
Today’s commercial drivers may have their attention pulled from many directions, including:
- In-cab GPS systems
- Cell phones and other mobile devices
- Eating or drinking
- Grooming
- Using maps
- Grooming
- Reading
- Daydreaming
If a truck driver is inattentive, not paying attention, or not actively involved in the task of driving, hazards can arise. It will take them more time to recognize and respond to such a hazard. Since commercial trucks already need more time to come to a complete stop due to their increased size, this additional time delay is more likely to lead to serious accidents.
Speeding
Another major hazard that can increase the likelihood of a truck crash is speeding. Commercial trucks already take 40% longer to come to a complete stop. When trucks are speeding, this will further increase the time necessary to reach a complete stop.
Truck drivers may speed to make deliveries faster. Since many truck drivers are paid by the load or mile, they have a financial incentive to reach their destination faster. However, faster deliveries should not come at the expense of safety.
Trucking companies sometimes provide additional financial incentives for commercial drivers who make faster deliveries, so they can sometimes contribute to truck accidents caused by speeding.
Aggressive Driving
Truck drivers sometimes use the greater size and weight of their large vehicles to their advantage or to intimidate others. They may tailgate, weave in and out of lanes, and run red lights.
No-Zone Issues
Commercial trucks have large blind spots, colloquially referred to as “no zones.” These extend on all sides of the truck, the front, and rear to the following locations:
- Front: 20 feet in front of the truck
- Rear: 30 feet to the rear of the truck
- Left side: One lane from the driver’s side door to about halfway down the trailer
- Right side: Two lanes to the right of the truck, extending from the front of the truck to the back of the trailer
While it is best for other motorists to avoid driving in these spots, truck drivers have a responsibility to monitor these spots and check before merging or changing lanes.
Medical Issues
Truck driving can be a stressful and sedentary job, leading to the possibility of many different medical issues arising. A driver who has a heart attack, seizure, or other medical episode while behind the wheel can cause a serious accident. This is why truck drivers are required to obtain medical certification before they can be hired to drive for a company.
Substance Abuse
Some drivers turn to recreational drugs, alcohol, or prescription medications to cope with the pressures of the job. However, this can make an already difficult task that much more unmanageable, potentially risking the lives and safety of other road users.
When substance abuse is suspected, the truck driver could be responsible for the accident. However, employers have a duty to test truck drivers at certain times, so they could also be responsible. Federal trucking regulations require trucking companies to test their drivers for drugs and alcohol at the following times:
- Before hiring them
- After most accidents
- Randomly
- After they have previously tested positive
Trucking Company-Related Issues
The truck driver is not the only party potentially responsible when a truck crash occurs. The trucking company can be legally responsible for these accidents, regardless of whether they classify drivers as employees or independent contractors.
Trucking companies are responsible for the negligent actions of their drivers. Additionally, they can be held responsible when accidents occur due to their own negligence, such as in accidents caused by:
Bad Hiring Decisions
Trucking companies have a legal responsibility to carefully vet drivers. This requires checking their driving and criminal background. They must ensure that truck drivers can speak and read English and pass the medical certification to safely operate their trucks.
Trucking companies may be responsible for accidents caused when truck drivers made mistakes and had a prior history of:
- Accidents
- Substance abuse
- Tickets
Poor Training
Some truck accidents occur because truck drivers were not properly trained. Trucking companies may have been in a hurry to put drivers on the road, especially since there is such a driver shortage in the country. The driver may be newly licensed or even promised a sign-on bonus for becoming a new driver and may lack the training necessary to drive the truck safely. Adding to this problem is that online orders are becoming increasingly commonplace, making it challenging for company trucks to make all the deliveries.
Unsafe Work Culture
The trucking industry is notorious for prioritizing profits over safety. They may have policies or incentive structures that reward drivers who make faster deliveries. Under the surface may be drivers who abuse drugs, speed, run stop signs, rush loading, and make other unsafe choices to receive these financial incentives.
Lack of Truck Maintenance
Trucking companies and truck owners are responsible for maintaining trucks in proper condition. However, when a truck is out of commission, the trucking company may not be able to make money off of it, so some trucking companies delay, overlook, or ignore necessary maintenance to prioritize profits.
Equipment and Mechanical Issues
Some trucking accidents occur because the truck is not in good working condition. Examples of mechanical issues that could cause truck accidents include:
- Brake failures
- Engine problems
- Transmission failures
- Tire blowouts
- Suspension issues
- Worn coupling devices
- Broken lights
- Missing safety equipment, such as underride guards
These issues could be due to deferred maintenance, skipped inspections, improper repairs, unbalanced cargo, or defective products. As such, various parties could be responsible for such accidents, such as:
- Trucking companies
- Truck drivers
- Truck owners
- Mechanics
- Cargo loading companies
- Truck or parts manufacturers
Cargo Problems
Some accidents occur due to improper cargo loading. Drivers or cargo loading companies could overload or improperly load the truck, which could make the freight unbalanced during transit. Cargo could roll around in the truck, making the following types of accidents more likely:
- Jackknife accidents
- Rollover accidents
- Cargo spill accidents
Environmental Factors
In addition to all of the factors identified above, external factors can contribute to truck accidents, including:
Road Conditions
Poor road conditions can play a part in truck crashes. Many crashes occur every year that are caused by:
- Potholes
- Loose gravel
- Debris on the roadway
- Lack of proper signage
- Sharp curves
- Low overhangs
In these situations, the government agency responsible for maintaining or designing the roadway may be responsible for resulting accidents.
Weather Conditions
Arkansas weather can swing wildly from one extreme to the next, especially in the more mountainous region of Northwest Arkansas. Truck drivers may confront challenging weather conditions, such as torrential rain, flooding, snow, ice, fog, tornadoes, and high winds. These poor weather conditions can drastically reduce traction between tires and the road, decrease visibility, and make roadways more difficult for drivers to maneuver. Truck drivers may need to pull over and wait out storms to avoid causing preventable accidents.
Passenger Vehicle Driver Errors
Just because a motor vehicle accident involves a large truck does not necessarily mean that the driver is legally responsible for the accident. Drivers of passenger vehicles may not drive safely around these much larger vehicles due to their speed, size, or braking ability. They may be partially or completely responsible for truck accidents due to factors such as:
- Speeding
- Following too closely
- Braking for no reason
- Changing lanes in the truck’s no zones
- Passing a truck unsafely
- Pulling out in front of a truck without sufficient time or distance
- Misjudging the truck’s speed or distance
- Failing to yield the right of way to a truck
- Merging improperly into a truck’s path
An experienced truck accident attorney can carefully review your case to determine who is responsible and the legal options available for recovery.
Hurt in a Truck Accident?
The truck accident attorneys at Horton Personal Injury Lawyers have decades of legal experience handling complex personal injury claims. We are backed by a track record of success. We have recovered over $50 million for our clients.
We know that the underlying cause of a truck accident can help explain how the crash occurred and who is legally responsible. Our legal team can pursue compensation for all your accident-related losses, including medical bills, lost wages, and pain and suffering. Contact us today to take advantage of a free consultation.