Causes of Truck Accidents

Serving the Injured Across the United States with Offices in Texas & Louisiana

One of the most crucial questions that must be answered in the aftermath of a truck accident is what caused the collision. Unlike other types of motor vehicle accidents, it can be less clear as to what led up to a truck collision. In many cases, several factors may be to blame. The responsible party or parties involved in an accident can only be held liable if the causes of a trucking collision are properly identified and connected with the offending party or the extenuating circumstances that led to them. Retaining a personal injury lawyer who can investigate your case and identify the causes that led to it will be crucial in your case. When you turn to our team at Arnold & Itkin, you can have confidence that your case will be in the hands of a legal professional who understands the regulations and precedents that affect commercial truck accidents.

Why Do Truck Accidents Occur?

The large size and weight of commercial trucks can make catastrophic results more likely should an accident occur. However, this is not the only factor to consider when examining the damaging effects of these types of accidents. More likely than not, a dangerous combination of circumstances led to the truck accident you were involved in; it is up to your attorney to assess the situation and determine what those circumstances were. Looking at the statistics of truck accidents and the number of serious injuries and fatalities they have caused is troubling. However, finding out the factors that lead to truck accidents is much easier said than done. There are many different causes to consider. One example is driver negligence, which might take the form of fatigued driving, distracted driving, failure to note blind spot deficiencies, and so on.

But human error is only one of a long list of factors that may have been involved. Other possible causes include:

• Adverse weather conditions
• An overloaded trailer
• Inadequate maintenance of vehicle products
• Defective equipment
• A company's failure to fire drivers with habitual drug and alcohol abuse problems

Most Common Causes of Truck Accidents

The FMCSA conducted a study into the most common causes of truck accidents.

The most common causes listed in the report were:

• Driver fatigue
• Aggressive driving
• Speeding
• Distracted driving
• Drug or alcohol use
• Improperly loaded cargo
• Defective truck equipment
• Inexperienced and inadequately trained drivers
• Unsafe lane changing
• Failure to maintain proper distance

Common Safety Concerns with Large Trucks

The massive size of a trucks means they handle much differently than a smaller passenger vehicle:

• One of the biggest differences is stopping distance. At 65 mph, a car requires approximately 160 feet to stop. A big rig, on the other hand, requires approximately 420 feet to stop.

• A big rig also has huge blind spots ("no zones") We are all used to the blind spot in our own car, but trucks have multiple blind spots in the front and back. This makes it difficult for the driver to spot surrounding vehicles.

• In addition, large trucks make wide turns. A driver often has to swing in the opposite direction before negotiating a turn. For example, before making a right turn, a tractor-trailer driver may first swing the truck left to accommodate the wide turning radius. This can endanger vehicles on either side.

• The height and weight distribution of an 18-wheeler makes it particularly susceptible to rollovers. Although often caused by speeding, truck rollovers can occur even at very low speeds, especially when going around corners and up or down a steep pitch. Rollovers may also occur when a tire goes off the pavement.

Truck Driver Error

Aside from the physical limitations of 18-wheelers, other factors can lead to truck accidents. Although truck drivers by and large are skilled, even minor lapses in judgment can lead to catastrophic situations.

• Speeding
• Tailgating
• Failing to Signal
• Driving Under the Influence

There are also a many factors inherent to the trucking business that can lead to a big rig accident.

Truck drivers often operate within a system of compensation that encourages driving faster and for longer than is safe. They may also drive through hazardous conditions to meet deadlines. Additionally, drivers may receive inadequate training that does not prepare them properly.

Passenger Vehicle Driver Error

Those of us who share the roadways with commercial trucks occasionally make mistakes that can lead to a truck accident.

Unsafe actions by passenger vehicle drivers include:

• Driving in an 18-wheeler's blind spot;
• Cutting abruptly in front of a truck;
• Pulling in front of a large truck too quickly;
• Failing to exercise caution around a truck making a turn; and
• Unsafe passing, such as not allowing enough headway.

FMCSA's Study on Truck Accident Causes

The FMCSA study also broke down the common causes of truck accidents by percentage.

• 13% of the accidents were caused at least in part by driver fatigue.
• Nearly a quarter of all accidents involved a speeding truck.
• Prescription and over-the-counter drugs were involved in 18% of the accidents.
• While distracted driving was only found to cause 8% of the accidents at the time of the FMCSA study, that number has been growing in recent years as smartphones and other technology gadgets provide unneeded distractions inside the cab of the truck.
• Negligent driving, such as failing to maintain a proper distance between other cars, was responsible for 7% of truck accidents.
• Over a quarter of the truck drivers involved in an accident were found to have traces of drugs or alcohol in their system.

Aggressive Driving Behaviors

When people think about some of the dangerous driving behaviors behind the wheel, they often will think about obvious and even criminal behavior—such as driving while drunk or driving while distracted. One of the most hazardous behaviors, however, is not an action, but rather a state of mind. According to the National Highway Traffic Safety Administration (NHTSA), aggressive driving can be defined as the operation of a motor vehicle in a way that will likely endanger others.

Aggressive driving can include everything from exceeding the speed limit to tailgating.

Intentional Aggressive Driving

In 2000, Tasca put together a list of drive behavior which, when deliberate, can be considered "aggressive."

Intentional aggressive driving includes the following:

• Speeding over the limit
• Tailgating and following too closely
• Weaving in and out of traffic
• Failing to stop or yield the right of way
• Deliberately blocking attempts to pass
• Ignoring traffic signs, such as red lights

Too Fast for Comfort

When it comes to speeding, the statistics are frightening. In fact, recent data from DOT shows that the most common driver-related factor in truck accidents is speed.

What Is Road Rage?

Often used as a synonym with aggressive driving, road rage is an entirely different issue. This is actually considered a criminal behavior where a driver is intentionally operating their vehicle in a way that will endanger the people around them. This can be considered an actual assault where the motor vehicle is classified as a deadly weapon.

Statistics Regarding Aggressive Driving

In a study released by the NHTSA, it would found that in roughly 47% of all fatal traffic accidents, at least 1 behavior was involved that could have been classified as some form of aggressive driving. In 8% of fatal accidents, 2 aggressive driving behaviors were involved and in 0.5% of all accidents, 3 or more behaviors were attributed to causing the accident.

• Speeding – 30.7%
• Failure to Yield – 11.4%
• Reckless Driving – 7.4%
• Failure to Obey Traffic Signs – 6.6%
• Making Improper Turn – 4.1%
• Improper Passing – 1.7%
• Improper Following – 1.5%
• Erratic Lane Changing – 1.4%

Weather-Related Truck Accidents

According to the U.S. Department of Transportation, one quarter of all traffic accidents in the U.S. are weather-related and occur during conditions such as rain, sleet, snow, or fog. This is because during heavy weather, drivers may experience a greater difficulty in controlling their vehicles. When the roads are slick and visibility is limited, even driving at speeds that may otherwise be permissible can be deadly. This is especially dangerous when it involves large trucks.

Wet Pavement Means a Longer Stopping Time

In 2006, a study of large truck crashes by the Federal Motor Carrier Safety Administration ranked weather among the top 20 causes for truck accidents involving deaths and serious injuries. They estimated weather was a critical factor in 20,000 crashes involving large trucks over a multi-year period.

Most weather-related accidents happen on wet pavement and during rainfall. In fact, three-fourths of weather-related accidents occur on wet pavement and nearly half during rain. Rain reduces visibility, makes roadways slick, and lengthens stopping time for all vehicles, but particularly for large commercial trucks carrying heavy loads.

Are Companies Forcing Truckers to Drive Too Fast for Conditions?

Commercial drivers trying to make delivery deadlines may drive too fast for road conditions during adverse weather, resulting in serious accidents. Each year trucking companies lose an estimated 32 billion vehicle hours due to weather-related congestion in the nation's metropolitan areas, per an analysis of weather effects on commercial vehicle mobility.

A truck driver may feel pressure to make a delivery despite the adverse weather, leading to an accident as they speeds through stormy weather. They may also drive too many hours because of a weather delay, putting them on the road when they are dangerously fatigued. This behavior may put everyone else on the road at risk.

Dangerous Roads & Highways: What They Mean for Truck Accidents

One of the primary tasks of your truck accident lawyer should be to determine what caused your accident and therefore what party or parties should be held liable. One possible cause may be a dangerous road or highway. At Arnold & Itkin LLP, we use knowledgeable accident scene investigators to gather and review all aspects of a highway's condition and design. Our lawyers thoroughly investigate truck accidents using qualified consultants, road safety experts, and accident causation specialists.

Proving That a Roadway Is Dangerous

There are several different ways to show that a road, street, highway, or freeway presented dangerous hazards to truck drivers and others on the road such as passenger-vehicle motorists, motorcyclists, bicyclists, and pedestrians.

• Broken Pavement
• Potholes
• Steep Shoulder Drop-Offs
• Fallen Trees or Boulders

An injury may also be attributable to a lack of safety features, such as rumble strips and guard rails. The very design of the road itself—one that leaves no time for the trucker or other motorist to react—may also be the source of a crash.

Who Is Liable for an Accident Caused by a Dangerous Road?

State or local government may be responsible for safe design and maintenance of a road or street, while the federal government may be in charge of designing, maintaining, and repairing interstate roads. Although the state and federal governments may be shielded from a lawsuit by the doctrine of sovereign immunity, there may be laws that waive that immunity to a certain extent, such as the Federal Tort Claims Act or a state tort claims statute. Our goal will be to determine exactly how to hold the negligent party accountable. We use our considerable experience and resources to get to the bottom of every accident case we handle.

Criminal Behavior of Truck Drivers

Each day, some commercial truck drivers choose to violate commercial trucking regulations.

Speeding, keeping illegal duplicate log books to conceal long hours, using drugs to overcome fatigue, and driving without proper certification—each of these violations puts the driver and everyone else on the road at risk. In other cases, truck drivers may drive legally but make poor decisions that result in injury or death to others sharing the highway.

State and federal laws governing 18-wheelers and their drivers are put in place to protect the driving public. Commercial truck drivers who consciously break those laws are responsible when their actions cause serious injury or death. At our firm, trucking accident lawyers can help if you were injured in an accident caused by the driver of an 18-wheeler. Our firm has the experience, resources, and determination needed to uncover truck driver negligence and get results.

Alcohol & Drug Abuse by Truck Drivers

As far as alcohol and drug use in the workplace is concerned, truck drivers provide a good example.

Research indicates long distance truck drivers are more likely to use amphetamines as compared to the general work population. This use is associated with the work conditions of drivers as they enable drivers to stay awake and drive longer hours, thereby earning more money while keeping freight rates at low level, which in turn brings more work. In this case, while drug use no doubt has a negative impact on health and safety, it can positively impact productivity.

NTSB Safety Studies: Substance Abuse in the Trucking Industry

Safety studies conducted by the NTSB have documented the role of alcohol and drugs use in accidents in the U.S. One particular study targeted substance abuse as a factor in large truck accidents. Investigations of accidents in which the driver of a heavy truck was fatally injured determined that one-third of fatally injured large truck drivers tested positive for alcohol or other drugs.

Fatigue and fatigue-drug interactions were cited as the most common factor in these fatality accidents. Driver fatigue is a common cause of large truck accidents, but often truck drivers will resort to drugs such as amphetamines or other stimulants to combat fatigue. NTSB studies uncovered a strong association between violations of the maximum driving time regulation and drug usage by drivers.

Alcohol and drug abuse is a cause for concern among all drivers; however, when you combine the impairment from substance abuse with the dangers of driving an 18-wheeler, the results can be catastrophic. In the early 1990s, the NTSB strengthened regulations regarding alcohol and drug use by truck drivers. These regulations include prohibitions on use of alcohol or controlled substances on the job and requirements for drug and alcohol testing of drivers.

Investigating Truck Accidents Caused by Criminal Behavior

When investigating a truck accident, we work with accident reconstruction experts and traffic engineers. We visit the scene of the accident. We examine law enforcement records and the records of the trucking company. We go over the driver's logbook with a fine-tooth comb, looking for signs of driver negligence or falsification. This investigation forms the basis of our case, and the information we develop often puts us in a position to obtain a full settlement for our clients.

Improper Reflectors & Truck Crashes

While reflectors may not seem important, trucks run the risk of not being seen by other motorists without them—especially in storms or at night. When reflectors do not work, collision with a truck is much like a collision with a brick wall. Reflectors are very important, especially when a truck is forced to pull to the side of the road.

Due to the large size of many trucks, they may not completely fit all the way off of the shoulder. As a result, some of the truck will be sticking out in the road. When a driver is unable to see the part of the truck in the road due to a lack of reflectors, there is a chance they could collide with the vehicle.

How Federal Guidelines Mandate Reflector Usage

Federal guidelines mandate that truck reflectors must be of a certain thickness. Depending on the truck size, there must be a specific number on each side of the vehicle. Trucks must be kept clean to help drivers see these reflectors.

• At night
• On winding roads
• While a truck makes a turn at night
• When a truck is pulled over
• In a rain or snow storm
• In tunnels

Additionally, when a truck is stalled on the side of the road, flares or other ground reflectors must be used to allow other drivers to see the truck. When a stalled or disabled truck is not completely off the highway, approaching automobiles may not be able to see the edge of truck without these warning signs, which could lead to catastrophic collisions.

Older Truck Drivers & Truck Accidents

Statistics show that the number of older drivers will double over the next 30 years with the percentage of commercial truck drivers aged 65 and older increasing, as well.

The truth is that trucking companies are addressing a shortage of truck drivers by keeping older truckers on the road and recruiting older drivers as a second or third career. While many older drivers are justifiably proud of their driving skills, driving long distances and in heavy traffic is exhausting for drivers of any age—and the older individuals get, the more difficult it becomes to stay concentrated for long periods of time to address constantly changing road conditions.

Too often, our firm has seen trucking companies that have left unfit drivers on the road, making the company liable for the accident. We believe that unfit truck drivers and negligent trucking companies should be held accountable for the harm they cause.

Do Old Truckers Cause Accidents?

A 2005 study by the American Trucking Association said the heavy-duty long haul trucking industry had a shortage of approximately 20,000 drivers. The study said 1/5 of all long haul truck drivers were 55 or older. According to the study, about 3.7% of the truck drivers were 65 and older in 2004, which was an increase from 4 years earlier.

While older truck drivers typically have more experience and may be more cautious, research has established that age-related declines in cognitive, perceptual, and physical abilities are linked with an increased accident risk. According to a report by the Transportation Research Board (TRB), older adults are at increased risk of being involved in crashes.

Unsafe Lane Changing & Truck Crashes

As both trucks and passenger cars are sharing the same roadways, there are specific rules and procedures that should be followed to help keep everyone safe. Commercial trucks have extremely large blind spots, and the tight schedules that many truck drivers are on can cause them to change lanes aggressively for the sake of cutting a few seconds off their route.

Unfortunately, an unsafe lane change can be the cause of a serious and life-changing accident.

How Do I Know If a Driver Made an Unsafe Lane Change?

Truck drivers are often facing a tight schedule that pushes them to drive dangerously on the road. The need for haste and general impatience may contribute to an unsafe lane change, in addition to driver distractions or fatigue. Since commercial trucks are usually large and carrying a significant amount of heavy cargo, accidents involving them can be devastating.

• Do not signal
• Change lanes while in an intersection
• Change lanes when traveling at high speeds
• Do not check their blind spot
• Weaving between lanes

Truck drivers have a responsibility to do their part in protecting the safety of all drivers on the road, regardless of their deadlines. When they fail to do so, they may find themselves involved in an accident that caused serious injuries to another. Truck accident cases can involve more than just the driver, but also the company, manufacturer, and other parties. Additionally, some trucking companies have hired legal teams that seek to obscure evidence of company and driver liability.

Truck Accident Causes: Common Questions

Although many causes exist when it comes to truck accidents, it is not impossible to take legal action. Our law firm is here to help. Call Arnold & Itkin today at (888) 493-1629.