August 20, 2016
Every time you turn on the television, open a newspaper, or scroll through the trending stories online, it seems like the media is reporting another serious truck accident. The Federal Motor Carrier Safety Administration (FMCSA) reports that almost 4,000 American lives are lost every year due to 18-wheeler crashes. That translates to 11 fatal truck crashes every single day.
Most drivers know all too well the harrowing feeling of white-knuckling it past a swaying tractor-trailer. These trucks are the largest vehicles on the road. Weighing up to 80,000 pounds, each truck is a potential weapon in a crash.
Metropolitan handles all types of tractor-trailer accident cases. Although these horrific crashes can be caused by all kinds of factors, certain cases tend to show up over and over again.
Truck Driver Fatigue
Drowsy driving is a problem for all motorists. As a nation, Americans are chronically tired. Simply put, few of us get enough sleep to truly be safe on the road. According to the National Sleep Foundation, about 168 million Americans admit to driving when they're drowsy. Most drivers have nodded off at the wheel at least once or twice. When you're driving a semi-truck, however, it's especially important to be well-rested.
It's also the law. Federal regulations place rigid restrictions on how many hours truck drivers are allowed to drive before they are required to take a break to sleep. More than that, truck drivers are now also required to switch from paper logbooks to electronic log books to cut down on inaccurate hours of service reporting.
Driver Error
The most common cause of trucking accidents is driver error. In fact, drivers of large trucks are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance, according to a recent study released by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA found that the action or inaction by drivers was the critical reason for 88 percent of crashes.Factors such as the use of prescription and over-the-counter drugs, speeding, fatigue, inattention, distractions, work environment, and unfamiliarity with the road all can contribute to driver error. But by far the most common causes of trucking accidents are driver fatigue and sleep deprivation.
Errors made by truck drivers cause most trucking accidents. Impaired truck drivers (whether by alcohol, sleep deprivation, or use of prescription medication) make poor judgments, take unnecessary risks, and are unable to react to the dangers on our roadways. Truck drivers also contribute to accidents by driving too fast, depowering the front brakes, and improperly loading the cargo, among other things.
If you are the victim of a trucking accident, you should investigate the conduct of the driver and also the role of the trucking company in the accident. The trucking company may have allowed an incompetent or impaired driver on the public roads or failed to follow federal rules on the maximum hours that drivers can work per shift.
Why Driver Errors Occur
Drivers of large trucks are ten times more likely to be the cause of trucking accidents than other factors, such as weather, road conditions, and vehicle performance, according to a recent study released by the Federal Motor carrier Safety Administration (FMCSA).The FMCSA study also examined factors that cause truck drivers to make errors, such as use of prescription and over-the-counter drugs, speeding, fatigue, inattention, distractions, work environment, and unfamiliarity with the road. The study found that of all truck accidents caused by driver error:
- 44% involved truckers who were taking prescription and over-the-counter-drugs
- 23% involved drivers traveling too fast for conditions, and
- 18% were caused by driver fatigue.
Driver Fatigue
Fatigue leads truck drivers to fall asleep, be inattentive, misjudge gaps, ignore the signs of impending dangers, panic, freeze, and under- or overreact to a situation. Even though fatigue is a common cause of truck accidents, it is also the most preventable.The Federal Hours of Service Rules
Federal regulations (called the "hours of service rules") set forth rules to ensure that truck drivers obtain the necessary rest and restorative sleep in order to drive safely. Under these rules, truck drivers can work a maximum of 14 hours per day, during which time they can only drive for a maximum of 11 hours. The driver must be off-duty for 10 consecutive hours prior to the start of a shift. The driver also cannot drive after being on duty for 60 hours in seven consecutive days or 70 hours in eight consecutive days.If you are in an accident where you suspect that the driver fell asleep or failed to react properly, you should determine whether there was a violation of the hours of service rules.
Proving an Hours of Service Violation
In order to determine, and prove, that a trucking company violated an hours of service rule, get a copy of the truck driver's logs. Federal law requires drivers to record their driving information in structured driver's logs.If the driver's logs are missing or are obviously inaccurate, there are other ways to discover how many hours the driver logged behind the wheel. Review the "trip tickets" or "bills of lading" for each delivery by the driver made in the few days leading up to the accident. Trip tickets and bills of lading include time stamps and entries by third parties that disclose the time that a load was picked up and when it was delivered. You can use these to calculate the amount of time that a truck driver was on the road.
Likewise, the trucking company can and should be monitoring the actual hours of service of its drivers and should not be able to hide behind the inaccurate logs of its drivers. Trucking companies who allow a driver to repeatedly "mislog" his or her hours of service expose themselves to liability for a lawsuit.
Drug Use
Drivers may not use any controlled substances, unless prescribed by a licensed physician who is familiar with the driver's medical history and assigned duties and has determined that the drug use will not adversely affect the driver's ability to safely operate a commercial motor vehicle.Federal regulations require trucking companies to:
- test their drivers for alcohol and drug use as a condition of employment, and
- require periodic random tests of the drivers while they are on duty and after an accident involving a fatality.
Failure to Watch the Blind Spots
Truck drivers are trained to watch for vehicles that might enter the "no-zone." A "no-zone" is an area where a passenger car disappears from the truck driver's view. There are front, side, rear, backing up, and right turn no-zones. Studies show that accidents between cars and large trucks are 60% more likely to occur when a car is in a no-zone. Driver error occurs when a truck driver is either unaware that another vehicle has entered the no-zone or does not take precautions when a vehicle does enter that zone.Driver Error Causing Truck Rollovers
Rollovers are one of the major causes of fatalities and injuries in trucking accidents. They are often caused by driver errors such as:- taking a curve too fast
- driving too fast
- fatigue
- inexperience, or
- improperly distributing the truck's load.
Depowering the Front Brakes and Improper Trailer Attachment
Drivers that own and operate a large truck will often depower the truck's front brakes and rely upon the trailer brakes and downshifting to slow or stop the truck. By not using the front brakes, the driver/owner reduces operating costs by minimizing wear and tear on the brakes and tires.Driving a truck without the front brakes greatly increases the risk of accidents, including the increased tendency for a truck to jackknife.
Sometimes drivers don't properly attach the trailer to the front of the truck. This also increases the risk of jackknifing.
Gathering Evidence About Driver Errors
Some trucking companies use electronic event data recorders -- devices that record all sorts of information about the truck and its operation, including how fast the truck is going, patterns of speed, when the driver uses his or her brakes, and even how long the driver has been on the road. Other commonly used devices include on-board computers, global positioning systems (GPS), and inclinometers (which provide information about the angles of a slope and rounding corners safely).If you are in a trucking accident, it is critical that you make sure data from high tech equipment is preserved. Otherwise, it might be erased as part of the regular routine of the company.
Unbalanced Loads and Defective Equipment
When you're passing a semi and its trailer, you probably don't give much thought to what's inside it. After you've seen one silver rectangular trailer you've seen them all. On the inside, however, these trailers carry everything from computers and furniture to toys and livestock. To maximize productivity, trucks are usually filled to the brim.
It is critical for a truck's load to be properly balanced. The trailer's contents will invariably shift as the truck moves down the road. Because a trailer's center of gravity is so high, even a small shift in its cargo can pull it off course. In the worst case scenario, a trailer tips, resulting in a jackknife.
Equipment Problems
The second most common cause of truck accidents is equipment failure. This can include manufacturing mistakes (defective tires) or design errors (failure to provide backing warning or object detection systems). However, most mechanical causes of truck accidents are caused by a failure to properly maintain the equipment. Some examples include:- removing or depowering the front brakes, which can cause a truck to jackknife
- brake failure due to inadequate adjustments
- tire blowouts due to wear
- improper securing or load distribution, contributing to truck rollover
- defective steering
- improper trailer attachment
- defective side or rear lighting, and
- transmission failure.
Inclement Weather
It doesn't take snow and ice to make for hazardous driving conditions. Anyone who has driven in an Atlanta rainstorm knows how dangerous the roads can be, especially after a dry spell. Accumulations of oil and debris can make the roads incredibly slick. Truck drivers operate under strict deadlines, which can sometimes cause them to push the boundaries of safety. Just like any motorist, it's important for them to adjust their speed and maneuvering when the weather turns bad.
Operator Error
Driving is an activity that requires your full attention. It may not feel like it, but maneuvering a car is one of the more complex tasks the average person undertakes. It requires concentration, quick decision-making, and fine motor skills. Even a moment's lapse in concentration can mean disaster. If you have ever drifted into another lane, you know how easy it is to overcorrect and cause your vehicle to swerve violently as you struggle to bring your car under control.
In a semi-truck, this type of overcorrection is magnified. Trucks are much taller and heavier than the typical car. Therefore, it's much easier for them to careen out of control, causing a serious accident.
Trucking accidents are often caused by mechanical failures -- the two biggest culprits being brake failures and defective tires. In fact, a recent study sponsored by Department of Transportation (DOT) found that 29.4% of all large truck crashes involved brake failure, brakes out of adjustment, or other brake-related issues.
If you've been injured in a truck accident, learning about the common causes of brake and tire failure and who might be responsible will help you determine whether you have a valid claim and who to sue.
Defective Brakes: Who is to Blame?
When brakes malfunction, blame may be placed on a variety of parties (individually or in combination), including:- the driver
- the company that loaded the truck
- the party responsible for maintaining the brakes (often the owner-operator), and
- the manufacturer of the brakes.
Here's a rundown of why each party might be responsible.
The Brake Manufacturer
The federal government has imposed strict regulations on the safety of truck braking systems. A truck must be able to:- develop a certain braking force (based on a percentage of the truck's weight)
- decelerate to a stop from 20 miles per hour at a rate specific to its size, and
- meet the automatic brake adjustment system requirements.
Federal brake recalls. In some cases, the federal government has already determined that certain types of brakes or brake parts are defective. When this happens, the government requires brake manufacturers to recall the defective brakes or parts. A brake recall is powerful evidence that those particular brakes are dangerous. You may have a claim against the manufacturer (for making the defective brakes) and the truck owner (if the manufacturer notified the owner of the defect and the owner never corrected it). To determine if a particular braking system was recalled, contact a trucking accident attorney or search the DOT recall website at www-odi.nhtsa.dot.gov/recalls.
Drivers and Trucking Companies
Sometimes actions taken by the driver or trucking company, or negligent inaction, causes brakes to fail.Depowering the front brakes. Some owner-operator truck drivers deliberately unhook or depower the front brakes on the truck and rely only upon the brakes of the trailer and downshifting to stop or slow the vehicle. They do this in order to minimize the expense of tire and brake wear and replacement costs.
Improper brake setting and failure to maintain brakes. Federal regulations require that commercial trucking companies keep maintenance records demonstrating that truck maintenance has been performed according to schedule. In addition, every driver is required to perform and complete a daily pre-trip inspection report of the condition of the tractor and trailer equipment. These required inspections include:
- checking the brake shoes to ensure they function properly and do not have missing or broken mechanical components
- checking for loose brake components, and
- listening for air leaks in the brake chamber, which would indicate problems with the brake system.
Truck Accidents Caused by Tire Problems
We have all seen the debris: long, heavy strips of tire littering the roadway after a semi truck has a blowout. The most common causes of tire failure follow.Defective tires. This may happen because the tire manufacturer sold a defective truck tire. As with brakes, in some cases defective tires are recalled. To find out if the truck tires were recalled, check with the Department of Transportation -- it maintains the records of all recalled tires. You can find this information at the DOT's website at www-odi.nhtsa.dot.gov/recalls.
Failure to maintain tires. Sometimes a trucking company does not maintain the tires. For example, air brakes -- the most common type of brakes used in large trucks -- can only take so much heat. A full stop at 60 mph raises the brake drum temperature to about 600 degrees. That is the limit for safe operation. If the brakes aren't properly set or maintained, the brakes overheat and may malfunction.
Other common maintenance mistakes made by trucking companies include:
- allowing drivers to use tires that fail to meet the minimum DOT tread depth requirement
- mounting mismatched tire sizes or pairing tires with significantly different wear, and
- mixing bias and radial tires on the same axle.
Often companies that fail to inspect or maintain the braking systems on their vehicles also fail to inspect the tires. This can lead to multiple mechanical problems that cause a trucking accident. Be sure to explore all possible causes of the accident.