Truck Accident FAQs

 

Are there any dangers associated with large trucks on the roadways?
What are the primary causes of truck accidents in the U.S.?
How are truck accidents different from car accidents?
What state or federal regulations govern truck drivers?
What rules and regulations do truck drivers have to follow to ensure safety for everyone on the road?
How many truck accidents can be attributed to alcohol and/or drug use?
Are there any rules governing how many hours in a day truckers are allowed to drive?
What should I do if I’m in a collision with a tractor-trailer?
Do I really need a lawyer?
Who can be sued in a truck accident case?


Are there any dangers associated with large trucks on the roadways?

There are a lot of dangers and causes of truck accidents associated with the size of these huge commercial vehicles. Here are a few:

No-Zones. These are blind spots located around the front, back, and sides of the truck. When a car is in the No-Zone, the truck driver is usually unable to see it. At these times, a large truck could turn into a passing car and a serious accident could result.

Squeeze Play. In order to negotiate a right turn, big rigs need to swing wide to the left in order to negotiate a right turn. When truck drivers make wide right turns; they are often unable to see smaller vehicles directly behind or beside them. When a car cuts between the truck and a curb, the car can be caught in a squeeze, and a serious accident can occur.

Stopping Distance. Big trucks need a much greater stopping distance than other vehicles. If you are in a car in front of a truck and need to brake suddenly, you’re at great risk of being in a serious rear-end collision with the truck.

Off-track”. This is a term used when a tractor-trailer truck turns at a high speed and sways into an adjacent lane without warning. Due to truck’s no-zones, if an automobile, SUV, or van is traveling too close, the truck's 10,000 pounds of metal can enter the other lane with extreme force.

What are the primary causes of truck accidents in the U.S.?

Tractor trailers are huge and heavy vehicles that travel at high speeds. A truck traveling at 70 miles per hour has almost twice as much energy as a truck traveling at 50 miles per hour. In Many factors can contribute to serious injuries and death in collisions between large trucks and passenger vehicles. Some of these factors include:

Aggressive drivers

Unrealistic schedules

Failure to inspect tires, brakes and lights

Tailgating

Long work-shifts

Driver fatigue

Cell phone use

Failure to install blind spot mirrors

Jackknifing

Speeding and ignoring reduced truck speed limit

How are truck accidents different from car accidents?

One of the most serious ways in which these two types of accidents differ is the extent of damages and injuries when a truck and an automobile collide. A typical fully loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.

What state or federal regulations govern truck drivers?

There are many regulations, both state and federal, that trucking companies are required to follow. Some of those laws include the following:

Trucking companies are required to follow the Federal Motor Carrier Safety Administration’s (FMCSA) regulations concerning equipment and hours of service.

Truck drivers are required to maintain a driver’s log.

Federal regulations require commercial trucks to carry certain levels of insurance coverage, depending on the nature of the materials hauled. These regulations protect victims of large truck crashes from truck owners who may not have the financial resources to pay damages out-of-pocket.

The Commercial Motor Carrier Safety Assistance Program requires that individual states and other political jurisdictions unify to develop and implement programs that will ultimately improve motor carrier, CMV, and driver safety and establish a safer and more efficient transportation system.

Commercial driver’s license standards are federal regulations in place to reduce or prevent truck accidents and resulting injuries and/or deaths by requiring drivers of certain vehicles to obtain a single commercial motor vehicle driver's license.

Both Pennsylvania State and/or federal law, depending on whether the truck was involved in intrastate or interstate transport may govern truck accidents.

What rules and regulations do truck drivers have to follow to ensure safety for everyone on the road?

The Code of Federal Regulations details prohibited conduct of truck drivers. These include:

Reporting for duty with a blood alcohol concentration of 0.02 or greater,

Possessing alcohol unless it is part of a shipment, including medications like cough syrup or cold medicine that contain alcohol,

Consuming alcohol while performing safety-sensitive functions,

Consuming alcohol within 8 hours preceding an accident,

Reporting for duty while using any drug that affects the driver’s ability to safely operate a motor vehicle, or

Refusing to submit to any DOT mandated alcohol or drug test.

How many truck accidents can be attributed to alcohol and/or drug use?

A study by the Insurance Institute for Traffic Safety of interstate tractor-trailer drivers found that 15% of all drivers had marijuana, 12% had non-prescription stimulants, 5% had prescription stimulants, 2% had cocaine, and fewer than 1% had alcohol in their systems.

Are there any rules governing how many hours in a day truckers are allowed to drive?

Tired truckers are of such concern that in April of 2003, the Federal Motor Carrier Safety Administration (FMCSA) instituted new hours of service regulations to curb truckers’ problems with fatigue. While these laws have helped reduce the number of accidents, the U.S. National Transportation Safety Board still blames driver fatigue as a probable factor in 20-40% of truck crashes.

What should I do if I’m in a collision with a tractor-trailer?

If you are involved in a collision of any kind, the first and most important thing to do is call emergency response to request both medical and police assistance. Never leave the scene and it is best if you do not move your vehicle. If there are any disputes over the way the collision occurred, placement of the vehicles will often times assist the police and others in reconstructing the accident to determine exactly what happened. If you have a camera in your car, take pictures of the damage to the vehicles, and the position of the vehicles.
If you can, attempt to locate people who may have witnessed the collision. Get their name, address and telephone number. Additionally, exchange information with the other driver, such as insurance information and driver's license information.
In almost every collision, there has been some trauma caused to your body. If an ambulance is offered, it is always best to go to the emergency room to be examined to ensure there are not any hidden or internal injuries.
You should immediately consult with an experienced truck accident lawyer. Truck companies have their own investigators and attorneys working hard to dismiss liability. One of the worst decisions individuals can make is to negotiate directly with trucking companies, insurance adjusters, or the trucking company lawyers. Most trucking companies are highly skilled at truck accident investigation and claims. Anything you say or sign may be held against you further down the road.

Do I really need a lawyer?

Truck accidents can be the most complicated and aggressively defended cases because of the parties involved. Therefore, having legal representation is extremely important to ensure the proper parties are involved and sufficient negligence is established. It is also important that you hire an attorney as soon as possible so that evidence is not lost or destroyed.

Who can be sued in a truck accident case?

The driver, owner of the tractor, owner of the trailer, the company identified on the trailer even if other than the owner and driver. In some circumstances the loading facility that placed the contents in the trailer and possibly the owner of the contents of the trailer.