Who is at fault in a truck accident? Ask a 18 wheeler accident attorney.
Truck accidents are more common — and more dangerous — than most people realize, but as an 18 wheeler accident attorney, I see the dangers every day. Of the approximately 510,000 police-reported crashes involving large trucks in 2019, there were 4,479 fatal crashes and 114,000 (nearly 30%) injury crashes. Fatal crashes involving large trucks often occur in rural areas and on interstate highways. Approximately 57% of all fatal crashes involving large trucks occurred in rural areas, 25% occurred on interstate highways, and 13% straddled both categories by occurring on rural interstate highways. And of those fatal crashes, the vast majority (82%) of fatalities were not occupants of the large truck. These are grim details that understate the gravity of a truck-car crash. Many of the 114,000 injury (non-death) crashes were equally devastating, with substantial neck, back and traumatic brain injuries reported, leading to a lifelong health battle for many an occupant in the passenger vehicles; it stands to reason that the force, weight and impact of a truck crash increases the likelihood of injuries. Therefore, it is important to assess a crash early and seek a determination of liability.
But how is fault and liability determined and assessed? Truck drivers are often liable, but the circumstances of the accident may also implicate their employers (the truck carriers), the loading companies that contract with their employers, and even the truck manufacturers, in the event that a truck part is found to be defective. If you have questions about liability, please contact an 18 wheeler accident attorney or law firm specializing in trucking law; we may be able to help.
Truck crash causation study
A large truck crash causation study by the FMCSA (Office of Research and Analysis, Publication No. FMCSA-RRA-07-017, July 2007) looked at the data on serious accidents involving trucks over 10,000 pounds and found 120,000 large truck crashes that occurred between April 2001 and December 2003. Professional crash reconstruction experts traveled to each crash site and documented a variety of factors — in some cases up to 1,000 elements — including truck condition, drivers’ behavior, road conditions, vehicle weight, and weather. Of the truck accidents selected to study, 77% were tractors pulling a single semi-trailer, and 5% were trucks carrying hazardous materials. Roughly three out of four crashes involved a large truck colliding with another vehicle.
While the study is nearly 20 years old, the FMCSA has updated metrics of the study and found consistencies that span decades. As an 18 wheeler accident attorney, I have analyzed the data noting that the data collection process has improved, but the results continue to reverberate the findings from the 2007 publication. For example….
From the hundreds of data elements collected from every crash, researchers coded three key variables:
1.critical event (the component that made the crash inevitable) – running out of the travel lane (32%), loss of control due to speeding, cargo shift, vehicle system failure, etc. (29%) or colliding with the rear end of another vehicle in the truck’s travel lane (22%).
2.critical reason (the immediate reasons for the crash) – see table directly below. For chart definition purposes: non-performance meant the driver fell asleep or was physically impaired at the time of the crash; recognition indicates that the driver was inattentive or distracted; decision equates to the trucker making an inappropriate choice like speeding or tailgating; and performance addressed general operator error.
3.associated factors (any conditions that describe the circumstances of the truck crash). There are literally hundreds of associated factors collected for each truck in each crash, from weather conditions to sudden stops to driver training and experience. However, the top 10 associated factors compiled by the FMCSA, in descending order, were as follows:
1. Brake problems
2. Traffic flow interruption (congestion, previous crash)
3. Prescription drug use
4. Traveling too fast for conditions
5. Unfamiliarity with roadway
6. Roadway problems
7. Required to stop before crash (traffic control device, crosswalk)
8. Over-the-counter drug use
9. Inadequate surveillance
10. Fatigue.
As the table below shows: 15 of the 19 factors listed are related to the driver. We could further subdivide these factors into issues related to the driver before the crash (intoxication and fatigue) and issues related to driver error (speeding, distraction, illegal maneuvering).
Statistics don’t lie
Truck accidents remain a surprisingly common — and catastrophic — fact of life; in fact, fatal truck crashes have only increased since this study was completed. In a presentation from March of 2021, researchers found that crash avoidance is not only possible, but is expected to become highly effective in the future. By analyzing data on pre-crash factors, particularly driving behaviors, researchers surmised that major initiatives could be taken to prevent many truck crashes from happening. With the modernization of fleet technologies, advancements in roadway designs, and improvement of automation systems, crash avoidance technology may just reverse this tragic trend.
But for now: we continue to see trends that implicate the truck driver, or truck company, in a high percentage of incidents. Driver error is, by far, the most common reason for truck accidents; however, even in instances of clear driver error, liability may still be shared between driver, trucking company, the loading company and even the truck manufacturer. Strict regulation, legislation and enforcement of trucking laws — as well as effective litigation when appropriate — will improve the safety statistics that have long plagued the trucking industry. Liability is not a simple issue, but decreasing the frequency of trucking accidents has a simple solution. Contact an 18 wheeler accident attorney or law firm like ours if you have questions about liability.