Trucks are the lifeblood of our commerce system; more than 11 million trucks are in operation across the U.S. on any given day transporting more than 70% of all goods (net value over $10 trillion) in the United States.  A “truck” is defined as a commercial motor vehicle “CMV” often called tractor, bobtail, trailer, 18-wheeler semi-trucks, or tanker trucks.

There are over 13,000 trucking companies located in Colorado, many of which are focused on intrastate (Colorado-only) transport.  There are even more interstate truck carriers that cross our state lines; according to the U.S. Department of Transportation, as of February 2021, the number of for-hire carriers on file with the Federal Motor Carrier Safety Administration (FMCSA) totaled 996,894, the vast majority of which are interstate. These are the truckers traveling coast-to-coast, often under the banner of one of the big U.S. truck carriers. Think Knight-Swift, J.B. Hunt, UPS, FedEx, XPO Logistics, Old Dominion, to name just a few. 

So how much annual revenue does the trucking industry earn? The top 50 for-hire truck carriers in the U.S. have massive revenues, with the vast majority increasing their profits even in 2022’s less favorable market conditions: #1 carrier, UPS, surpassed $100 billion, followed by Fed-Ex at $93 billion, J.B. Hunt at $14 billion, TFI International at $9 billion, Knight-Swift at $7 billion, Schneider at $7 billion… while the rest in the top 50 for-hire make more than a billion each per year.

Unfortunately, these large trucking conglomerates care more about the almighty dollar than road safety. Semi-truck crashes injure or kill a person nearly every 15 minutes in the U.S. Traffic crash statistics, specifically trucking crashes, are moving in the wrong direction.  National truck crash deaths increase 47% from 2012 to 2021 with 5,788 truck fatalities in 2021. In Colorado, truck crash deaths increased by 76% from 2012 to 2021, with an even more frightening 110% increase in truck crash fatalities from 2010 to 2019. Colorado had 102 truck crash fatalities in 2021 compared to 81 in 2020. In Colorado, 33% of the fatal work zone crashes involved one large truck. In 2021, Weld County alone saw 15 truck crash deaths, while El Paso had eight and Arapahoe and Douglas counties both counted six tragedies.

What is Causing The Increase In Truck Wrecks?

Equipment Malfunction

As miles accumulate, wear and tear on the truck starts to show. While some of the largest carriers have in-house maintenance departments, others do not, outsourcing mechanical work or deferring action for months or even years. Preemptive maintenance is an essential part of trucking safety; however, taking the truck off the road to perform this maintenance costs the trucking companies’ money (and short-term profit). For this reason, some trucking companies forgo necessary maintenance on their fleet until it is too late. Deferring service work is against the law. The FMCSA has strict rules for truck maintenance, including routine inspections before each shift as well as the extent of the carriers’ responsibility for maintenance and inspections (see 49 CFR 396).

Yet carriers are obviously not meeting these basic standards. The Professional Driver Agency released a Top Ten Driver Issues List of 2021; third on the list was truckers complaining about equipment assignment (and the often concurrent mechanical/breakdown tractor issues), while trailer breakdowns and in-cab technology faults rounded out the top 10. From emergency repairs to non-functional equipment, truckers hated the burden of having to care for an improperly maintained commercial vehicle. Among some of the biggest concerns:

  • Brake failure: The FMCSA in 49 CFR 393 Subpart C – Brakes states that commercial motor vehicles must have brakes adequate to stop and hold the vehicle or combination of vehicles, as well as service, parking, and emergency brake systems. In layman’s terms, this means that a truck’s braking system must meet specific brake performance standards, including braking force as a percentage of gross vehicle weight; specific deceleration in feet per second based on type of truck; and application and braking distance in feet from initial speed at 20 mph.

Trucking companies and drivers must ensure that their fleet’s brake systems are in good working order via pre- and post-trip inspections identifying any findings on a Driver Vehicle Inspection Report. And the FMCSA sets forth a rule that every year, each CMV’s brakes must examined by a qualified brake inspector who performed an inspection in accordance with 49 CFR 396.17(c). Unfortunately, not all truck carriers rigorously follow these rules. According to the July 2007 Large Truck Crash Causation Study by the FMCSA, nearly 29% of truck crashes were attributable to faulty brakes.

Another ugly metric: during an unannounced Brake Safety Day on April 19, 2023, the Commercial Vehicle Safety Alliance (CVSA) removed 773 commercial vehicles from public roadways. Of the 6,829 vehicles inspected, 11.3% were determined unfit for road travel based on brakes violations (479 vehicles) and steering brake violations (81 vehicles). The additional 368 vehicles were cited for other out-of-service violations, including broken brake drums, air leaks, inoperative tractor protection systems and low air warning devices, worn brake liners, brake pad violations and more. 

  • Tire failure:  In 2020 alone, tires accounted for more than 2000 out-of-service violations; this includes nearly 20% of all trucks parked during a three-day enforcement event, and second only to brakes as a leading failure cause, per the CVSA International Roadcheck. Trucking companies must routinely check tires for signs of wear and keep them inflated to proper pressure; nearly 90% of tire failures are attributed to underinflation.
  • Steering/suspension failure: Problems with the truck’s steering systems — steering column, steering mechanism, steering wheel, or suspension — often go unnoticed until it is too late. Steering and suspension issues become more common with overloaded cargo, poor driving technique (common among new drivers), and infrequent maintenance. Steering-related defects may include worn components (particularly ball and socket joint issues), loose fasteners on steering components, and issues with the power steering gearbox, etc.
  • Other mechanical breakdowns: While modern truck engines are relatively efficient, they are not impervious to mechanical breakdowns. Overheating can be triggered by anything from coolant leaks to blown gaskets. Diesel engines occasionally break down from oil oxidation. In low visibility conditions, functioning lights are essential; malfunctioning turn signals or burned-out sidelights put other drivers at a disadvantage if a truck is changing lanes unannounced. The lack of/or disrepair of conspicuity tape (the reflective red and white tape on the sides and rear of trailers) is another common safety violation that should be regularly checked by trucking carriers.
  • Rear guards improperly installed: Underride side accidents, or rear-guard accidents, occur when a smaller vehicle impacts the side or back of a trailer, often becoming lodged underneath. These are among the most fatal types of truck crashes on the road, killing more than 300 people every year in the US. To lessen the severity of underride accidents, truck companies were required to install a metal bar (called a “rear guard”) below the tailgate of their vehicles. The National Highway Traffic Safety Administration (NHTSA), with the support of U.S. regulators, adopted stricter rear impact guards standards in 2022. However, rear guards can, themselves, cause serious injury or even death, when installed improperly. The guard should be installed at a height that meets the oncoming car’s grill, not its windshield; if positioned too high, the rear guard can cause devastating injuries.

Improper Cargo Loading

Trucks are designed to carry tens of thousands of pounds of goods, but not all loads are equally safe. According to Federal data, every year about 10,000 truck accidents occur as the result of cargo shift or cargo securement; one in every fourteen trucking accidents involves a cargo-loading violation. Improperly loaded cargo makes the vehicle less responsive to steering and braking maneuvers, which can cause the driver to lose control. For this reason, the FMCSA has specific regulations for cargo securement on truck loads; unfortunately, these rules often go unheeded.

Poor Training

Turnover for truck drivers in fleets with more than $30 million of annual revenue was 92% at the end of 2020. In other words, more than nine out of every ten drivers will no longer be working for the same trucking company within a year. Instead of focusing on retaining these drivers (through better pay, less hectic schedules, benefits, health care), truck carriers continue to churn and burn through employees. What is the consequence of these carriers’ actions?

  • Fledgling drivers with minimal experience on the road. 
  • Few (if any) training programs, as carriers require only minimum standards: a medical exam, a written exam and a brief driving test, typically administered by the same school that drivers paid to train them.
  • No minimum behind-the-wheel training hour requirements
  • Few (if any) ongoing safety courses

The February 7, 2022 TIME Magazine article, “There’s a Problem With How We Train Truckers” offered a perfect encapsulation of this situation: “to drive a 40,000-pound truck, there’s no minimum behind-the-wheel driving time required, nor proof of ability to navigate through mountains, snow, or rain.”

A common misconception among motor carriers is that obtaining a CDL means the driver is trained/experienced, without need for further DMV inspection or driving safety training. Nothing could be further from the truth. Over 25 years ago, the U.S. Department of Transportation Federal Highway Administration Office of Motor Carriers (precursor to the FMCSA) notified the trucking industry that motor carriers:

“are mistakenly assuming that if a driver possesses a Commercial Driver’s License (CDL), he or she is a trained and experienced commercial vehicle driver. This is not true and can be a very dangerous mistake. All prospective employers of commercial drivers should be aware of the following facts: 1. A CDL does not indicate that the holder is a trained or experienced truck or bus driver. 2. A CDL merely indicates that the holder has passed minimal skills and knowledge tests concerning the type of vehicle he or she proposes to drive. 3. A CDL endorsement does not indicate that the holder is trained or experienced in the area covered by the endorsement. 4. A CDL endorsement merely indicates that the holder has passed a minimal knowledge test concerning the area covered by the endorsement. 5. It is incumbent upon a prospective employer of a commercial vehicle driver to ensure that driver is properly trained to operate that employer’s trucks or buses and to handle that employer’s freight or passengers. Title 49 CFR 391.11 (b)(3) (Qualification of Drivers) requires that a driver must be able, by reason of experience, training, or both, to safely operate the commercial motor vehicle he or she drives. This requirement is not met by simply ascertaining that a prospective driver holds a CDL.”(Federal Highway Administration, Department of Transportation, On Guard 25:1 (January 1997) (Publication No. FHWA-MC-97-004))

Lack of training was never more evident than in the case of 23-year old Rogel Lazaro Aguilera-Mederos, who lost control of his 18-wheeler on I-70 near Denver, leaving four people dead and several more wounded.  At the time of the crash, Aguilera-Mederos had less than a year of driving experience. While he was legally able to operate an 18-wheeler, he was relatively new to the industry — and studies show that years of experience have a large effect on truck driver skill and safety.

Aguilera-Mederos also had little experience on Colorado roads. Having been trained in Texas, he had rarely navigated mountainous terrain or handling snowy/icy conditions. According to trial testimony, Aguilera-Mederos said he had driven through the Colorado mountains three times before the crash: a very short training period given the dangers of the mountain passes.  His case is not unusual.  Nearly 38% of commercial motor vehicle drivers said they did not receive adequate entry-level training to safely drive a truck under all road and weather conditions, according to a 2015 survey from the National Institute for Occupational Safety and Health (NIOSH).

February 2022 was the first time the industry applied a band-aid to a dangerous situation like that of Aguilera-Mederos. A trainer provider registry was enacted, requiring a Class A CDL to have 190 hours and a Class B CDL to have 90 hours of training. Still, commercial truck drivers can get their Class A endorsement within weeks and without training in various weather conditions and terrains. Truck carriers even pushed back on this basic registry mandate, claiming it would slow the hiring process and put employees on the payroll longer while still in training. 

Work Hours

Truck drivers are often held to tight delivery deadlines. Regardless of potential delays (roadwork, traffic diversions, etc.), dangerous weather or even equipment failure, the carrier expects the trucker to deliver on schedule. A 2014 study by NIOSH showed that, of the 1,265 long-haul truck drivers interviewed, nearly 75% believed that their delivery schedules were too tight; 24% often continued driving despite fatigue, bad weather, or heavy traffic because they needed to deliver or pick up a load at a given time; 4.5% often drove 10 miles per hours or more over the speed limit; 4.5% of trucks admitted to “often” driving 10 miles per hour over the speed limit to meet their employers’ deadlines. Nearly 23% of all truck crashes are a result of speeding, according to FMCSA.

In all but the most extreme of instances, however, trucking companies are slow to discipline their drivers who are habitual speeders; doing so affects their profits, as it further constricts available labor and requires the administration of a retraining and monitoring program.

Substance Abuse

August 2022 data from the FMCSA indicated that nearly 90,000 commercial drivers tested positive on a drug screening test. Over half of those drug test failures were for marijuana. Amphetamine and methamphetamine violations accounted for 18%, while cocaine and opioids appeared in 15% and 4% of positive drug tests, respectively. 

Some of this drug abuse is due to the demanding work hours mandated by the trucking companies.Many truckers are required to drive long hours to meet deadlines. While mandatory rest periods are in place and frequently enforced, such as a driver must take a 30-minute break when they have driven for a period of 8 cumulative hours without at least a 30-minute interruption (49 CFR §395.3(a)(3)(ii)), some truck drivers may feel that they need stimulants to remain awake and alert at the wheel. This may include everything from truck stop supplements and energy drinks to cocaine, opioids, or marijuana. Amphetamines like Adderall and Ritalin are among the most common medications taken by truckers. While these are typically prescribed to improve attention span and focus, many of these drug types can also cause erratic behavior.

According to the FMCSA guidelines, a driver cannot take a controlled substance or prescription medication without a prescription from a licensed practitioner. Other drug classes taken by truck drivers will slow reaction time, which can hamper the driver’s ability to respond to road issues, traffic, and sudden braking. This includes depressant drugs (like alcohol and benzodiazepines); opioid drugs derived from poppy seeds (like heroin and prescription drugs like oxycodone); and cannabis (THC).

Truck companies and carriers are legally mandated to drug test drivers as: 1) a pre-employment requirement; 2) mandated after certain types of accidents; 3) a condition of random drug testing of its the driving fleet members throughout the year (49 CFR 382.305); 4) a requirement after reasonable suspicion of drug use (49 CFR 382.307); 5) a condition to return to duty after testing positive, refusing, or otherwise violating the prohibitions of 49 CFR 382 Subpart B; and 6) as a follow-up as prescribed by the substance abuse professional (49 CFR 382.311 and 49 CFR 40.307).

Random drug testing monitoring has been lax at best; however, in January 2020, the FMCSA doubled the minimum annual percentage for random controlled substance testing for CMV drivers to 50% in response to rising positive drug testing.  But compliance has been haphazard at best and monitoring is lax, as evidenced by the large number of truckers who have admitted to driving under the influence. Approximately 50% of truck drivers have admitted to drinking on the job, and nearly one in three truck drivers has used amphetamines while working, according to the American Addiction Centers. Another one in five has driven professionally while under the influence of marijuana; 3% have admitted to driving while under the influence of cocaine. These statistics suggest that truck carriers need to do a much better job at following drug testing protocols as mandated by the FMCSA. 

Distracted Driving

In 2011, the U.S. Department of Transportation banned truckers from using handheld cell phones while operating a truck and set steep penalties for those who failed to adhere to the new laws regarding handheld cell phone use. These penalties include:

This was a follow-on to the 2010 ban of all text messaging for commercial bus and truck drivers, which prohibits typing, reading, emailing, instant-messaging, web surfing and any command that requires more than pressing one button to control voice commands.  Yet even after the 2010/2011 rules, truckers still break the law. According to recent data from the FMCSA, driver inattention/distraction played a role in 28% of all trucking accidents.

Trucking Companies (Motor Carriers) Must Take Responsibility

Safety measures like truck maintenance, training, scheduling, and drug testing should be basic foundational spends for the billion-dollar trucking corporations; instead, money is splashed out on lobbyists pushing through training shortcuts, pleading for exemptions and fighting the FMCSA proposals at every turn.  Industry changes aren’t forthcoming, unless carriers see an impact to their bottom line… and this is where good trucking lawyers can make a difference in road safety. 

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For more information, review our website. Peter M. Anderson is a jury trial lawyer specializing in co-counseling trucking cases throughout the U.S. who has tried jury trials every year (sans 2020) for two decades winning over 95% of his trials (receiving monies in 15 straight trials) while other cases resulted in seven- and eight-figure settlements. In the past two years, he has tried five 18-wheeler semi-truck trials, and in 2023 he has received over $11 million in jury verdicts, and $41 million in trucking settlements.