5 Common Causes of Trucking Accidents and How to Prove Liability

Introduction

As a motorist, you’re well aware of the dangers that come with sharing the road with large commercial trucks. Despite stringent safety regulations, truck accidents still occur on America’s roads and highways. These accidents can be devastating, causing significant property damage, injuries, and even fatalities. Therefore, it’s essential to know the common causes of trucking accidents and how to prove liability if you’re ever involved in one.

The importance of this knowledge cannot be overstated. According to the Federal Motor Carrier Safety Administration, there were 4,119 fatal crashes involving large trucks in the United States in 2019 alone. In addition, there were over 100,000 injury crashes that same year. These numbers highlight the need for motorists to be aware of the most common causes of trucking accidents and take steps to prevent them.

That’s where this article comes in. In this post, we’ll take a look at the five most common causes of trucking accidents and how to prove liability if you’re ever involved in one. By understanding the causes and potential legal ramifications of these accidents, you’ll be better equipped to protect yourself and your loved ones on the road.

Let’s dive into the causes of trucking accidents and what you can do to stay safe.

Common Causes of Trucking Accidents

When it comes to trucking accidents, one of the most common causes is driver fatigue. Truck drivers are often under pressure to meet tight deadlines and may push themselves beyond their physical limits to get the job done. As a result, they may become fatigued, which can impair their judgment and reaction times, leading to accidents.

Statistics on Driver Fatigue Related Accidents

According to the National Highway Traffic Safety Administration, driver fatigue contributes to about 13% of all truck accidents. This is a staggering number, considering the devastating consequences of these accidents.

If you’re involved in a truck accident, and driver fatigue is the suspected cause, you’ll need to prove liability. This may involve gathering evidence such as driver logs and records, witness statements, and surveillance footage. Consulting with an experienced truck accident lawyer can help you build a strong case and increase your chances of receiving compensation for any damages you’ve suffered.

Improper Truck Maintenance

Another leading cause of trucking accidents is improper truck maintenance. Commercial trucks are complex machines that require regular maintenance and repairs to remain safe and operational. Unfortunately, some trucking companies neglect their duty to maintain their vehicles adequately, putting everyone on the road at risk.

Common maintenance issues that can cause accidents

Some common maintenance issues that can cause accidents include faulty brakes, worn-out tires, and defective lighting systems. These problems can lead to a loss of control over the vehicle or make it difficult for other drivers to see the truck on the road.

Importance of regular truck maintenance

Regular truck maintenance is essential to prevent these types of accidents from occurring. Truck drivers and trucking companies must adhere to strict safety standards and regulations set by the Federal Motor Carrier Safety Administration. These regulations require regular inspections and maintenance checks on commercial trucks.

Responsibility of the trucking company in maintaining trucks

The responsibility of maintaining a commercial truck falls on the trucking company. It’s their job to ensure that their vehicles are safe to operate and comply with all safety regulations. This includes regular inspections, repairs, and replacements of any faulty parts or systems. Failure to do so can result in severe consequences, including legal liability for any accidents caused by inadequate maintenance.

If you’re involved in a trucking accident caused by improper maintenance, it’s crucial to gather evidence that proves liability. This may involve obtaining maintenance records and inspection reports and consulting with an experienced truck accident lawyer. With the right evidence and legal representation, you may be able to recover compensation for any damages you’ve suffered.

Distracted Driving

Distracted driving is another leading cause of trucking accidents. When a driver is distracted, they are not fully focused on the road, increasing the risk of accidents.

Common forms of distracted driving

There are several forms of distracted driving that truck drivers can engage in, including:

• Using a mobile device: Truck drivers may use their phones to make calls, send texts, or check emails while driving. This takes their attention away from the road and can lead to devastating accidents.
• Eating or drinking: Eating or drinking while driving can be a distraction for truck drivers, as it requires them to take their hands off the wheel and their eyes off the road.
• Adjusting the radio or GPS: Truck drivers may also become distracted when adjusting their radio or GPS systems while driving.
• Daydreaming: It’s easy for drivers to become lost in thought and lose focus on the road ahead.

Dangers of distracted driving

The dangers of distracted driving cannot be overstated. Even a moment of distraction can have severe consequences on the road. When a truck driver becomes distracted, they are not fully focused on the road, increasing the risk of accidents. Some of the dangers of distracted driving include:

• Reduced reaction time: Distracted drivers may not be able to react in time to avoid an accident.
• Decreased situational awareness: When drivers are not paying attention, they may miss important cues on the road, such as traffic signals or road signs.
• Poor judgment: Distracted drivers may make poor decisions, such as misjudging distances or failing to yield to other vehicles.

Liability in distracted driving accidents

Liability in distracted driving accidents can be a complex issue. In many cases, the truck driver will be held responsible for any accidents they cause due to distracted driving. However, liability may also extend to the trucking company if they failed to enforce policies prohibiting distracted driving or failed to properly train their drivers.

If you’ve been involved in a trucking accident caused by distracted driving, it’s important to gather evidence to prove liability. This may involve obtaining phone records or witness statements to demonstrate that the driver was distracted at the time of the accident.

Distracted driving is a significant cause of trucking accidents that can lead to devastating consequences. By understanding the common forms of distracted driving, the dangers they pose, and liability issues, you can help protect yourself and others on the road. If you’ve been injured in a trucking accident caused by distracted driving, it’s important to seek the advice of an experienced truck accident lawyer.

Driving Under the Influence

Types of substances that can impair truck drivers

Truck drivers who operate their vehicles under the influence of alcohol or drugs can pose a serious threat to themselves and other drivers on the road. While alcohol is the most well-known substance associated with impaired driving, there are many other substances that can affect a truck driver’s ability to operate their vehicle safely. Some of the most common substances that can impair truck drivers include prescription drugs, over-the-counter medications, illegal drugs, and even some types of herbal supplements.

Legal limits for truck drivers

Truck drivers are subject to strict regulations regarding their blood alcohol concentration (BAC) while operating their vehicles. The legal limit for commercial truck drivers is significantly lower than it is for non-commercial drivers. In the United States, the legal limit for commercial truck drivers is a BAC of 0.04%, while the legal limit for non-commercial drivers is 0.08%. This means that even a small amount of alcohol can result in a DUI charge for a truck driver.

Consequences of driving under the influence

Driving under the influence can have serious consequences for truck drivers. In addition to facing legal penalties such as fines, license suspension, and even jail time, truck drivers who are convicted of DUI can also face serious consequences in their careers. Many trucking companies have strict policies regarding DUI convictions and may terminate a driver’s employment if they are convicted of a DUI. Additionally, a DUI conviction can make it difficult for a truck driver to find employment in the future, as it can impact their ability to obtain a commercial driver’s license.

Overloaded or Improperly Loaded Trucks

How overloading or improper loading can cause accidents

Overloaded or improperly loaded trucks can pose a serious danger on the road. When a truck is carrying too much weight or is loaded improperly, it can become difficult for the driver to maintain control of the vehicle. Overloaded trucks can also experience issues with braking and maneuvering, which can increase the likelihood of accidents. Improper loading can also result in cargo shifting during transport, which can cause the truck to become unstable and lead to accidents.

Regulations on truck weight and load limits

To help prevent accidents caused by overloaded or improperly loaded trucks, there are regulations in place that dictate weight and load limits for commercial vehicles. These regulations vary depending on the type of vehicle, the number of axles, and other factors. In the United States, the Federal Motor Carrier Safety Administration (FMCSA) sets weight and load limits for commercial vehicles. These limits are designed to ensure that trucks can be safely operated on the road and that they do not pose a danger to other drivers.

Liability for accidents caused by overloaded or improperly loaded trucks

When an accident is caused by an overloaded or improperly loaded truck, liability may fall on a variety of parties. The truck driver, trucking company, cargo owner, and others may all share in the responsibility for ensuring that the truck is loaded safely and within legal weight limits. In some cases, the party responsible for loading the truck may also be liable for the accident. It is important to work with an experienced truck accident lawyer who can investigate the accident and determine who may be held liable for your injuries.

How to Prove Liability in Trucking Accidents

The Role of Evidence

When pursuing a trucking accident claim, evidence is crucial in proving liability. It is important to gather as much evidence as possible to support your case.

Types of evidence that can be used to prove liability

Some types of evidence that can be used to prove liability in a trucking accident case include:

• Police reports and witness statements
• Photos or videos of the accident scene and damages
• Truck maintenance and inspection records
• Electronic logging device (ELD) data
• Driver’s logbook and employment records
• Black box data
• Expert testimony

Importance of collecting evidence as soon as possible

It is essential to collect evidence as soon as possible after a trucking accident. Evidence can be lost or destroyed over time, so it is important to act quickly. The sooner evidence is collected, the stronger your case will be.

Identifying the Responsible Parties

In a trucking accident case, it is important to identify all the responsible parties. Determining liability is not always straightforward, and there may be multiple parties responsible for the accident.

Who may be liable in a trucking accident

Potential parties that may be liable in a trucking accident include:

• The truck driver
• The trucking company
• The truck manufacturer or parts manufacturer
• The maintenance company
• Other drivers or parties involved in the accident

Factors that determine liability

Determining liability in a trucking accident case depends on various factors, including:

• The cause of the accident
• Whether the truck driver was following regulations and industry standards
• Whether the truck was properly maintained
• Whether there were any violations of federal or state trucking regulations

Working with an Attorney

Benefits of hiring an attorney in a trucking accident case

Hiring an attorney can be helpful in a trucking accident case. An experienced attorney can provide valuable legal guidance and support, including:

• Investigating the accident and collecting evidence
• Identifying liable parties
• Negotiating with insurance companies
• Representing you in court

What to look for in a trucking accident attorney

When looking for a trucking accident attorney, it is important to consider their experience and track record. Look for an attorney who has successfully handled similar cases in the past and has a good reputation in the legal community.

Steps to take when working with an attorney

When working with an attorney in a trucking accident case, it is important to communicate openly and honestly. Provide your attorney with all the information and evidence you have, and be responsive to their requests for additional information. Work closely with your attorney to develop a legal strategy that meets your goals and objectives.

Conclusion

Recap of the common causes of trucking accidents

The five common causes of trucking accidents are driver fatigue, improper truck maintenance, distracted driving, driving under the influence, and overloaded or improperly loaded trucks. Proving liability in trucking accidents requires the collection and presentation of evidence, identification of responsible parties, and working with an experienced attorney who understands the complex legal issues involved in trucking accident cases.

Importance of seeking legal help if you’re involved in a trucking accident

If you or a loved one has been involved in a trucking accident, it’s crucial to seek legal help as soon as possible. Trucking accidents can result in serious injuries, extensive property damage, and even fatalities. Trucking companies and their insurers have legal teams working hard to minimize their liability and pay out as little as possible in damages. That’s why it’s important to have an experienced truck accident lawyer on your side to help you navigate the complex legal system and ensure you receive the compensation you deserve.