Truck accident lawsuits are hard fought and complex. Our roadways are loaded with large trucks. They are called 18-wheelers. These are mammoth vehicles. They occupy their entire lane. They are driven by experienced drivers. However these drivers make mistakes.
Truck Accident Investigation
There are about 500,000 tractor trailer crashes in the U.S. each year. Driver error is the most common cause of crashes. However other factors may be weather, road conditions or vehicle performance.
There are an estimated 2 million tractor trailers on the road nationwide. The primary causes of tractor trailer crashes and how to address those causes are discussed below.
Several basic things that need to be done in the course of investigation are set forth below:
Electronic Data
The black box logs offer a wealth of info. This data must be downloaded.
There is other electronically stored info. For instance computer generated bills of lading or fuel receipts. Also other types of electronic communication between driver and dispatcher.
Identify anything within the cab that is a source of info. This includes cell phones, texting devices, videos, telematics, electronic logging devices, the electronic control module, event data recorder, sensing diagnostic module, electronic onboard recorders, collision warning systems, driver vehicle inspection reports, freight tracking equipment and satellite based navigation or communication system. All of those need to be identified. Finally the data must be extracted.
When a truck accident occurs the insurance carrier and its lawyers are promptly on the case. However the plaintiff takes time to retain counsel. That lapse is critical. Many important records dealing with the truck accident only need to be retained for six months. Therefore get a letter out to the trucking company requesting that they preserve all records and data relating to this crash. Call or contact us for a free consult.
Intrastate
If the truck only operates intrastate check if the state has adopted the U.S. Regs. Pursuant to 19 V.A.C. 30-20-80, Virginia has adopted the federal regulations.
Most of these vehicles weigh over 10,000 lbs. They are commercial motor vehicles if being used for that purpose. However a landscape pickup truck pulling trailers could qualify. Although these drivers may not be required to have a CDL, most of the other trucking safety rules apply.
Driver Status
The driver in many cases is an independent contractor. That does not mean he is not an employee. Independent contractor is included within the definition of employee if the truck is a commercial motor vehicle. Likewise owners or operators may be employees. See another page on this site for a look at independent contractor status.
Systemic Issues
Look for systemic failures within the company.
The Scene and the Truck
Visit the scene with a trucking expert and/or reconstruction expert. You may need an investigator. She can locate any witnesses not identified on the police report.
Auto Accidents with Trucks-Investigating Made Easier
Truck accident investigation is easier with the advent of the Compliance Safety Accountability Program by the FMCS Administration. The data from CSA must be requested through FOIA. This is designed to identify potentially high risk trucking companies. Also the system uses a number of different factors to provide a rating. Those are:
- safety of the driver
- driver fatigue
- driver fitness
- use of drugs or alcohol
- vehicle maintenance
- cargo problems
- number of reported crashes
However make sure the data you have relates to the company you are dealing with. When a company changes hands it receives a new Department of Transportation number.
In addition, the U.S. has implemented a pre-employment screening program. This is open to carriers relating to potential hires. If the defendant uses that system, if applicable, it will help.
Finally, certain carriers that have been non-compliant with log requirements must have an electronic on-board recorder. These recorders are less susceptible to manipulation. Furthermore in reviewing any data from these recorders be aware of any audits of this equipment. These are conducted so as to identify any changes to the log. Call or contact us for a free consult.
Service on Foreign Trucker – Auto Accidents with Trucks
The FMCSR requires companies to provide process agents in every jurisdiction where they transport. 49 CFR Sect. 366. They have to file a form designating that process agent. The bigger companies use blanket companies that maintain process agents in every state. You can find the process agent by going to the FMCSA website.
Auto Accidents with Trucks-Standards
Truck accident standards are in the FMCS Regs. However those Regs. are not the only source of standards. In addition there are industry standards and also standards in the CDL manual.
There are some basic industry standards. Drivers must approach every intersection assuming that cross traffic may not obey the signals. Also drivers must not start a left turn until there is enough time for the rear of their vehicle to clear the intersection without forcing opposing drivers to slow down. Furthermore drivers have a duty of extreme caution when there is bad weather. 49 C.F.R. 392.14 They must reduce their speed by one-third (1/3). Those basic rules can be a tremendous help in any truck accident case. The FMCS Regs carry the force of law. Industry standards do not.
Auto Accidents with Trucks – Investigating and Understanding the Regulations
Here’s a breakdown of the FMCSR requirements:
https://www.fmcsa.dot.gov/regulations/hazardous-materials/how-comply-federal-hazardous-materials-regulations
Check here for compendiums of specific regs (including related to routing):
https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-397
https://www.osha.gov/trucking-industry/transporting-hazardous-materials
https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/training/hazmat/69186/hazmat-transportation-reqmts-web-final.pdf
Virginia specific:
https://archive.epa.gov/reg3wcmd/RCRA_State_Star/web/pdf/va_pr01_regs_hmt.pdf
https://law.lis.virginia.gov/vacodefull/title10.1/chapter14/article7/
https://www.vdot.virginia.gov/travel-traffic/freight/hazmat/
CDL Manual
The CDL manual is an excellent source of standards. The FMCS Regs require every state to provide a CDL manual. It must contain the basic info and skills that drivers need. The manual states that drivers need to look 12 to 15 seconds ahead. In addition the CDL manual for the state of the accident and also the CDL manual for the state where the driver is licensed can be used. Although they may be the same, there may be some slight differences.
Teaching Material
Another source of standards is the material that the industry uses to teach new drivers. Also these are used to refresh experienced drivers in their various driving schools.
Preventability Manuals
In addition many companies maintain what are called preventability manuals. They assess whether their drivers acted reasonably in a crash. There are three commonly used manuals. They are published by the American Trucking Association, the National Safety Council and the Federal Highway Authority. Also these can be good sources of truck accident standards.
Call or contact us for a free consult.
Auto Accidents with Trucks – Investigating Underride Cases
Underride refers to a car riding under the back of a truck. The U. S. Department of Transportation has standards regarding proper rear-impact guards for tractor trailers. However there is some dispute as to what those rear-impact guards should be. That is how high off the ground they should be. Earlier regs. allowed heights of 30 inches. That may still govern some trucks. However some say the guards should be no higher than 18 inches. There is further dispute about the strength of these guards.
The regs. do not mandate the use of guards that absorb energy through the use of hydraulics. The guards that are on most vehicles at this point are fixed objects. As a result they do not absorb impact. Rather they simply prevent riding under.
The U.S. Regs. may create a federal preemption question. However Congress has not shown any intent to occupy that field exclusively. Therefore preemption should not be a bar to asserting state tort claims.
Auto Accidents with Trucks-Investigating Side Underride
Aside from rear underride there is also a problem with side underride. The Insurance Institute for Highway Safety reports that there were 1,542 people killed in two-vehicle crashes with tractor trailers in 2015 and that 301 of those involved side collisions.
U.S. Regs. do not mandate any side guards. However the Insurance Institute says the risk of injury is less with such side guards.
In addition the National Highway Traffic Safety Administration says that trailers with reflector tape on the side are much less likely to have side underride crashes.
Many countries around the world have regs. requiring side guards. They protect people in cars and on motorcycles.
Seek Out Help From A Trusted Car Accident Attorney in the DMV Area
Call or contact us for a free consult. Also for more info on truck crashes see the Wikipedia pages.
Substances
The use of drugs. They account for nearly 26% of crashes. Get all U. S. Department of Transportation mandated or allowed testing of the driver involved in the truck accident. This includes testing of alcohol and/or drug usage. Many companies use third-party administrators. Get all of the records from that third-party administrator. This includes how drivers were notified of impending tests. If the driver was given adequate forewarning that would allow time to change behavior. Likewise, the criteria used for labeling a test as negative or positive must be closely looked at. Certainly some medical review officers view the presence of prescription drugs in the results as not requiring a report. The trucking company has a right to know of all drugs, legal or illegal, that the driver is taking. All of this must be disclosed. In addition the company’s response to such info is needed. Therefore any evidence of any drug usage means you must get the entire prescription history of that driver.
Use of over-the-counter drugs. They contribute to 18% of crashes. Call, or contact us for a free consult.
Speed or Movements
Speeding or traveling too fast. They account for nearly 23%.
Failing to use a turn signal or making some other illegal maneuver. This accounts for about 9% of crashes.
Poor evasive action. This accounts for nearly 7% of the crashes.
Lack of Attention
Being lost or driving in unfamiliar areas. They account for nearly 22% of crashes.
Failure to check blind spots and observe all sides of the truck before making a turn. They account for 14% of crashes. Certainly these trucks have large blind spots. As a result drivers must avoid these blind spots. They are at the rear of the truck and the side of the truck. Likewise the connecting point between the truck and its trailer is a blind spot. In other words if you can’t see the driver in the driver’s mirrors then the driver can’t see you. You should get out of that spot.
Fatigue accounts for 13% of crashes. Sleep apnea must be considered. This results from the muscles in the back of the throat relaxing. As a result this blocks normal breathing. It results in the person waking up at night. This waking up may occur many times causing inadequate sleep. Some common characteristics of people with apnea are a deviated septum, allergies, sinus problems, a larger than average neck or obesity. Men over 40 are most likely to have this. As a result you should delve into this issue if fatigue is a factor. Do a thorough investigation of the driver’s medical history. In addition most drivers are paid by the mile. The more time they spend behind the wheel the more money they make. Any downtime for refueling, loading and unloading is not counted within the driver’s paycheck. You need to know about this. However drivers push on when they need sleep. Therefore if it is suspected that a truck driver is asleep at the wheel there are several things to look at:
Exams
Any pre-employment or employment medical exams called for under the U.S. regs. They report any medication that the driver is on.
Driver must have a CDL license. In addition the driver must have a one year medical certificate. These have to be current.
Driving Time
Credit card receipts at gas stations show date and time and place of purchase. However many fueling facilities have agreements with trucking companies not to show date and time. This info should be available from the credit card company.
Some transponder companies do not record date and time of passing tolls. Therefore get this info from the entity that monitors the toll booths.
Trucking company manuals are sources of info. They record maximum speeds in various states. This informs drivers as to what time frames they need to record on their daily log. Also the manuals tell the drivers precisely what documents the company will be looking at to determine driving time. In other words this is a message to the driver to make sure that the paperwork is all consistent.
Some trucking companies only keep driver’s logs for six months. However under the Fair Labor Standards Act they must keep them for a minimum of two years.
Driver inattention. This accounts for nearly 8% of the crashes. Call, or contact us for a free consult.
Load or Maintenance
Shifting or falling cargo.
Faulty inspection and/or improper maintenance. How trucks are maintained needs to be looked at. In a case in Texas a shaft broke off underneath the truck. It flew into an oncoming lane. The 20-pound metal shaft crashed through the window of a car. It killed the driver. The joint holding the shaft in place had melted. There was a lack of oil. This allowed the shaft to rip out of its placement. The lawsuit claimed that the U-joint had not been oiled for at least four to six months before the crash. However the U-joint manufacturer recommended oiling every 5,000 miles. In addition the Plaintiffs asserted that the president of the trucking company knew that the fleet manager lacked the necessary skills to deal with these issues. However he remained in that position. During the discovery it was learned that a mechanic at the truck company knew of other U-joints in the trucks that had failed because of lack of oiling.
If the trailer is refrigerated then the loading time is much more than if the trailer is a “dry van”. This waiting time is not productive time for the driver. However the maximum time that a driver can be on duty in an eight day period is 70 hours. As a result if he is spending 40 of those hours loading and unloading, then that only leaves him 30 hours of time on the road. In other words there may be incentive on the driver’s part to misreport the amount of loading time. Therefore logs and “in” and “out” times at dock facilities are needed.
Weather
Where weather is stormy, raining or really foggy there may be a fact issue for the jury as to whether the driver violated the duty created by the FMCSR to exercise extreme caution under these hazardous conditions and whether such violation was a proximate cause of the crash. See Kimberlin v. PM Transport, Inc., 264 Va. 261 (2002)
Work With A Trusted Auto Accident Attorney in the DMV Area
Call, or contact us for a free consult. Also for more information on truck accidents see the pages on Wikipedia. There are several other posts on this site dealing with the topic of truck accidents:
