Truck crashes are some of the worst on the road because of how big and heavy the trucks are. When two cars crash into each other, the force can cause serious injuries, a lot of damage to property, and even death. Truck accident victims who want justice and compensation need to know what causes most of them and how to show who is at fault. This article explores the primary reasons for truck accidents and provides a guide on how to establish liability in such cases.
Common Causes of Truck Accidents
- Driver Fatigue
- The Issue: Truck drivers often work long hours, and despite regulations limiting driving time, many exceed these limits to meet tight deadlines. Fatigue can impair a driver’s reaction time, decision-making, and overall alertness, increasing the likelihood of an accident.
- Statistics: The Federal Motor Carrier Safety Administration (FMCSA) reports that fatigue is a factor in roughly 13% of large truck crashes.
- Speeding and Reckless Driving
- The Issue: Speeding is a significant factor in many truck accidents. Due to their size, trucks require a longer distance to come to a complete stop. When a driver is speeding, they may not be able to slow down in time to avoid a collision. Reckless driving, including aggressive lane changes, tailgating, and ignoring traffic signals, also contributes to accidents.
- Consequences: When trucks go too fast, they often cause accidents with serious injuries because the force of the crash is so much higher.
- Distracted Driving
- The Issue: Distracted driving is a growing problem across all types of vehicles, and truck drivers are no exception. Distractions can include using a mobile phone, eating, adjusting the radio, or even daydreaming. Any activity that takes a driver’s attention away from the road can lead to a serious accident.
- Legal Implications: Texting while driving is particularly dangerous, and many states have laws specifically prohibiting this activity while operating a commercial vehicle.
- Improperly Loaded Cargo
- The Issue: Trucks often carry heavy and sometimes hazardous cargo. If this cargo is not properly secured or evenly distributed, it can shift during transit, causing the truck to become unstable. This instability can lead to rollovers or the cargo spilling onto the roadway, creating hazards for other drivers.
- Responsibility: The loading company can be held liable if improper loading contributes to an accident.
- Mechanical Failures
- The Issue: Trucks require regular maintenance to ensure they are safe to operate. Common mechanical issues include brake failures, tire blowouts, and steering problems. If a truck is not properly maintained, these mechanical failures can lead to accidents.
- Negligence: If it is found that the trucking company failed to perform necessary maintenance, they could be held liable for any resulting accidents.
How to Prove Liability in Truck Accidents
Proving liability in a truck accident is often more complex than in standard car accidents due to the number of parties involved and the specific regulations governing the trucking industry. Here are the key steps involved in proving liability:
- Gather Evidence at the Scene
- Photographs and Videos: Capture images and videos of the accident scene, including vehicle positions, road conditions, skid marks, and any visible injuries or damage.
- Witness Statements: Get the names, addresses, and accounts of any witnesses who saw the accident happen. Their stories can give important third-party views on what happened.
- Police Reports: Get a copy of the police report. It will explain what happened, what might have caused it, and if any traffic rules were broken.
- Analyse Driver Logs and Records
- Hours of Service Compliance: Review the truck driver’s logbook to determine if they complied with federal Hours of Service regulations. If the driver exceeded the allowed driving hours, fatigue could be a factor in the accident.
- Electronic Logging Device (ELD) Data: Most commercial trucks are equipped with ELDs that track driving time and vehicle movement. This data can help establish whether the driver was following legal guidelines.
- Inspect the Truck
- Maintenance Records: Investigate the truck’s maintenance history to check if regular inspections were performed. A lack of maintenance could indicate negligence on the part of the trucking company.
- Black Box Data: Many trucks are equipped with an event data recorder (EDR), commonly known as a black box. This device records information such as speed, brake usage, and engine performance at the time of the accident. This data can be invaluable in reconstructing the events leading to the crash.
- Determine Cargo Loading Practices
- Loading Documentation: Review records of how and when the cargo was loaded onto the truck. The company that moved or secured the goods could be held responsible if they were not done correctly.
- Weight Compliance: Check whether the truck was overloaded, which could have contributed to the accident. Trucks that exceed their weight limits are more difficult to control and more likely to be involved in accidents.
- Examine Company Policies and Practices
- Hiring Practices: Review the trucking company’s hiring records to ensure that the driver was properly vetted and qualified to operate a commercial vehicle. If the company hires a driver with a history of accidents or legal violations, they could be held liable.
- Training Programs: Investigate whether the driver received adequate training before being allowed to drive. Inadequate training could lead to errors that cause accidents.
- Consult Expert Witnesses
- Accident Reconstruction Experts: These experts can look at the data and figure out what happened before the accident. Their findings can be crucial in proving liability, especially in complex cases.
- Industry Experts: Experts in trucking regulations, such as vehicle mechanics, or cargo loading, can provide testimony on whether industry standards were followed and where negligence may have occurred.
Conclusion
Truck accidents can result in devastating consequences, and understanding the common causes of these accidents is essential for prevention and accountability. Proving liability in truck accidents involves thorough investigation and the collection of various types of evidence, often requiring the expertise of legal professionals and industry experts.
If you or someone you care about has been in a truck accident, you need to get legal help right away so you can figure out who is at fault and get the money you deserve. Most of the time, truck accident cases are harder to handle than regular car accident cases, but justice can be done.
