What are trucking accidents and how are trucking accidents different from regular car accidents?
Trucking accidents are collisions involving semi-trucks, tractor-trailers, 18-Wheelers or other commercial vehicles that cause property damage and/or personal injuries. Over the past decade, the number of truck accidents has increased by 10%. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2002, 4,897 individuals died and 130,000 people were injured in crashes that involved a large truck. Because commercial vehicles are larger and heavier than passenger vehicles, trucking accidents typically cause much greater harm. And although large trucks are only responsible for 3% of injury-causing motor vehicle accidents, the sheer size of a truck increases the likelihood of significant and very serious damage to human life and property.
Addressing the problems caused by trucking accidents is usually more expensive, complicated and difficult than a typical passenger car collision. Some unique aspects of truck accident causation:
Jackknifing: When a truck jackknifes, the driver usually does not have time to react before it is too late. However, the tendency for a truck to jackknife is increased when the front brakes are removed or de-powered. Whichever party is responsible for disabling the front brakes could be partially responsible for damages in an accident caused by jackknifing.
Fuel Fires: When a truck catches fire, it is usually because the truck’s diesel fuel came in contact with battery spark. The way to avoid this is protecting the battery from being crushed in an accident. If the battery is located in a position where it is vulnerable, the party responsible for locating there may be responsible for a share of the damages in an explosion accident.
Rollovers: Rollovers are one of the major causes of fatalities and injuries in trucking accidents. The many factors that can cause a truck rollover including: driver error (taking a curve too fast, driving too fast, fatigue, inexperience or DUI), truck malfunction (improper load distribution, low tires, brake failure) and highway conditions.
Braking: Trucking accidents are frequently caused by brake malfunction. The cause of the malfunction may be pinned on a variety of parties (individually, or in combination): the driver, the company that loaded the truck, the party responsible for maintaining the brakes and the manufacturer of the brakes. Air brakes – the only type of brakes used in large trucks – can only take so much heat. A full stop at 60 mph raises the brake drum temperature to about 600 degrees. That is the limit for safe operation. If the brakes aren’t properly set or maintained or the load is not evenly distributed, the brakes overheat and may malfunction. If the accident is caused by brake failure after a decline in the road, an inexperienced driver may be the cause. If brakes fail, the chances are higher for a greater impact between the truck and the car.
Another difference between truck and car accidents is that commercial motor vehicles are almost always operated by an individual possessing specialized training, education and formalized instruction. Truckers should possess a special license for operation of the vehicle and generally will have attended an independent trucking school or form of apprentice training within a trucking company. A driver is required to have certain knowledge, experience and training not required of a standard operator. If a truck driver that caused an accident does not possess the requisite amount of training and experience, a claim might be brought against the trucking company for negligent hiring and/or training. In a typical car accident case, there is no one else to sue if you get hit by an inexperienced driver. |