According to the Federal Motor Carrier Safety Administration (FMCSA), the most common causes of truck accidents are driver fatigue, errors in vehicle operation, driving under the influence, and distracted driving.
Working with a Marietta truck accident attorney familiar with the unique aspects of these claims puts you in a stronger position to pursue fair compensation. The cause of a truck wreck usually points directly to the liable party, which is why establishing causation matters so much.
Why are truck accidents often more serious than other crashes?
The sheer size of commercial vehicles makes the aftermath of a truck crash different than that of a standard car collision. Victims often suffer life-changing injuries in truck accidents due to the sheer size and weight of commercial vehicles. There’s also a higher chance of a fatality in truck accident cases than when the vehicles are of similar size.
Truck drivers are often blamed for a crash because they operate the vehicle, but other parties may also share liability, including:
- Trucking companies, whether the driver was a direct employee or a contractor
- Vehicle and parts manufacturers, when a defect contributed to the crash
- Mechanics who performed improper repairs or failed to flag safety issues
- Cargo loaders, since unevenly loaded cargo can cause the vehicle to tip or flip
How does driver fatigue contribute to truck accidents?
The delayed reaction time of a fatigued driver is akin to that of a drunk driver. Studies have shown that staying awake for 20 consecutive hours can impair reaction time similarly to having a Blood Alcohol Content (BAC) of 0.08%. That’s the legal limit for private drivers to be charged with drunk driving. The legal limit for commercial drivers is 0.04% BAC.
Trucking companies that set tight delivery deadlines that force drivers to drive longer than federal regulations permit share liability for a fatigued-driving crash.
How do distracted driving and unsafe driving behaviors cause truck crashes?
Most drivers rely on GPS to navigate unfamiliar roads, but using their phone or other mobile device for entertainment is illegal (49 C.F.R. § 392.82). Drivers who combat highway boredom with mobile entertainment devices, including their phone, are more likely to cause a crash.
Large trucks are not as maneuverable as smaller passenger vehicles, and drivers who operate them aggressively increase the risk of serious collisions. Sudden lane changes, speeding, and tailgating are dangerous enough for smaller cars; reckless maneuvers are much more dangerous in an 80,000-pound vehicle.
What role do trucking companies play in causing accidents?
Trucking companies are expected to exercise care when hiring drivers, whether the driver is an independent contractor or a direct employee. They’re supposed to vet drivers, check their experience and driving records, and ensure they can safely and legally transport the cargo.
Trucking companies set driver schedules. Knowingly setting overly tight schedules can force drivers to operate beyond the FMCSA’s limits. In this situation and many others, trucking companies bear vicarious liability, meaning they can be held legally responsible for their employees’ actions.
How do mechanical failures and poor maintenance increase the risk of a crash?
Brake failure, steering malfunctions, and tire blowouts can cause the driver to lose control of the vehicle, regardless of how carefully they’re driving. Even with full attention, the driver may be unable to prevent a crash. The maintenance and inspection logs that the driver and trucking company keep can help document liability in cases like this.
That being said, while the mechanic who performed an improper repair can be held liable, failure of the driver (if they own the rig) or the trucking company (if it’s a fleet vehicle) to maintain the vehicle properly is also negligence.
How do weather and road conditions affect commercial truck accidents?
Part of commercial driver training involves operating the vehicle under adverse conditions, such as rain, snow, fog, or low visibility, though an accident can still occur even when the truck driver is well-trained and following protocol.
Poor road conditions may fall under a municipality’s responsibility. If there are hazards, such as large potholes or debris, that should have been reasonably repaired to avoid a wreck, the case could involve a government entity.
Why do federal regulations matter in truck accident cases?
Holding a Commercial Driver’s License (CDL) means agreeing to follow all state and federal traffic laws, including FMCSA regulations. Violating federal regulations can constitute negligence per se, meaning the violation itself can establish that the party failed their duty of care, without needing to prove what a reasonable driver would have done separately. When it can be proven that a driver, trucking company, or other party under FMCSA’s purview violated regulations, then that party is often found liable for the crash.
Speak with a Marietta truck accident attorney about your crash and legal options
If you’ve been hurt in a truck accident, having an attorney who understands how FMCSA regulations, multiple liable parties, and commercial insurance policies interact can make a real difference in how your claim is handled. Georgia law gives you two years from the date of the accident to file a personal injury claim. Call (470) 729-9799 or contact us online to schedule your free consultation with Schnyder Law Firm.
