Who Is Liable for a Truck Accident?

Large commercial trucks, such as 18-wheelers, tractor-trailers, or semi-trucks, play an important role in our economy. Any motor vehicle crash is upsetting, but those involved in truck crashes often have serious or even fatal injuries—and they’re not sure who caused them or where to turn for compensation. That’s where a truck accident lawyer can help.

Why Truck Crashes Are so Dangerous

The Size of the Vehicle

Because of the massive size and weight of commercial trucks, accidents can be particularly catastrophic. According to the U.S. Department of Transportation, a large truck weighs between 10,000 and 80,000 pounds. In addition, large commercial trucks may be more than 65 feet long. For comparison, the average passenger car weighs around 3,000 to 4,000 pounds and is typically 12 to 18 feet long. Commercial truck drivers sit much higher off the road than passenger vehicles. In some cases, this height difference results in an underride crash, a disastrous accident in which a car travels underneath a truck.

Maneuverability

Because large trucks are so long and heavy, they are much more difficult to drive than a passenger vehicle. Completing turns, swerving, or making other necessary maneuvers requires much more space when driving a large truck. In vehicles pulling a trailer that is separate from the cab, sudden stops may lead to a jackknife accident. Jackknife accidents occur when trailer swings out perpendicular to cab forming a 90 degree angle with the cab of the truck. Jackknife accidents often end in a rollover, causing further danger to the driver and nearby vehicles.

Stopping Distance

Larger and heavier vehicles require more time and distance to come to a complete stop. Under normal conditions, a car going 65 miles per hour needs 316 feet to stop. However, under normal conditions, an 80,000 pound loaded tractor-trailer going 65 miles per hour requires 525 feet to stop.

Contributing Factors to Truck Accidents

According to a National Highway Traffic Safety Association (NHTSA) study, human error causes 94 percent of all motor vehicle accidents. While one critical factor may cause the accident, oftentimes, a combination of contributing factors do. For example, in the winter of 2018, icy road conditions were the predominant factor causing an extensive, 13-vehicle crash in Gwinnett County.

Other causes of truck accidents may include:

• Speeding: Speeding is frequently a cause of motor vehicle crashes. Driving at excessive speeds is dangerous for several reasons. By the time the driver needs to react, they are too close to the danger. As a result, the driver has to hit the brakes harder, and the impact of the crash is typically more forceful. Speeding also affects the driver’s ability to control their vehicle, particularly in inclement weather conditions. In one recent year, speeding attributed to 9,378 accident fatalities. In Gwinnett County, 18 people died in accidents involving speeding in one recent year.
• Distracted driving: Driving a truck often means being on the road for extended periods of time. Therefore, truck drivers are more likely to become distracted. Common driver distractions include eating, drinking, and cell phone use. A distracted driver may fail to obey traffic signals or safely react to changes in traffic flow. It only takes a few seconds of distracted driving to cause a catastrophic accident.
• Drunk driving: All across the country, there are strict laws against driving under the influence. However, commercial trucking regulations impose even more stringent standards against truck drivers regarding impaired driving. Truck drivers should never consume alcohol, or drugs, whether illegal, prescribed, or over-the-counter. Despite laws, standards, and regulations established by the Federal Motor Carrier Safety Administration (FMCSA), driving under the influence is still a serious problem. As a result, impaired driving persists as a common factor contributing to many truck accidents.
• Driver fatigue: Drivers may not be getting enough sleep, including long work hours, stressors in their personal life, or prescription medications. Driver fatigue puts everyone sharing the roadways at risk. The Insurance Institute for Highway Safety reports that driving for more than 8 hours straight doubles the likelihood that the driver causes an accident. Commercial trucking regulations limit the amount of time a driver can be on the road without a break. However, pressure from employers to meet strict deadlines may encourage drivers to alter their driving logs. A federal law, enacted in 2017, requires trucks to be equipped with an electronic logging device to address the problem.
• Improper maintenance procedures: Any type of mechanical problem can lead to a serious accident. Large trucks are complicated vehicles, and regular maintenance is critical. Failure to properly maintain the truck may lead to brake failure, broken lights, or tire blowouts.

Who May Be Liable for a Truck Accident?

Just as there may be more than one cause of an accident, there may be more than one party who is liable. To obtain fair compensation, you will need to identify all of the parties who are legally responsible. Legally liable parties may include:

Trucking Companies

A trucking company may be liable for a driver’s negligence if the driver was acting within the course and scope of employment. In some cases, trucking companies are responsible for crashes because of their own actions or failure to act. Some circumstances that may lead to a trucking company’s liability for damages resulting from an accident include:

• Negligent hiring, training, and supervision – Federal regulations require trucking companies to perform background checks on all drivers before deciding to hire them. Driver training and supervision are also critically important. Drivers must be trained to properly complete pre-trip inspections, coupling and uncoupling, backing, and close-quarter maneuvers. Employers must adequately supervise drivers to ensure compliance with safety rules.
• Failing to carry out proper inspection and maintenance – As a cost-saving measure, trucking companies sometimes neglect the regular inspection, maintenance, or repair of their trucks.
• Pressuring drivers to engage in dangerous practices – Another attempt to increase profits may involve trucking companies setting unreasonable delivery deadlines. To lower costs, employers may encourage or pressure drivers to speed or disregard required breaks from driving.
• Negligent loading of cargo – Incorrectly loaded cargo may significantly decrease a driver’s ability to maintain control of the vehicle. If a truck is not properly loaded, the cargo may shift or spill, increasing the risk of a jackknife or rollover accident.

Truck Manufacturers

The truck or parts manufacturer, distributor, and/or retailer may be liable if a truck or part defect contributed to the accident. Malfunctions including brake failure, tire blowouts, and defective steering mechanisms commonly lead to truck accidents. In addition, problems with defective hitches, couplings, or hydraulic systems can decrease a driver’s ability to safely maneuver the vehicle.

Other Parties Who May Be Liable

A mechanic who performs inadequate maintenance or negligent shipping brokers and warehouse operators may contribute to the crash. When their conduct or failure to take action leads to an accident, they may be liable for any resulting damages.

Trucking Laws in Georgia

Truck companies must adhere to rules the rules and regulations developed by the Federal Motor Carrier Safety Administration (FMCSA). In addition, companies must also abide by Georgia’s state-specific statutes.

Both federal and state laws may apply to an accident involving a commercial freight truck. Regulations of the FMCSA, Department of Transportation (DOT), local traffic laws, and civil liability rules may all be implicated.

A truck accident case may involve personal injury or workers’ compensation claims, employment law, and even criminal law. Personal injury claims often require the injured party to show that the individual responsible for the accident was “negligent.”

Negligence refers to an individual’s “failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” A successful personal injury claim must show that the defendant owed a legal duty to the plaintiff and the defendant breached that duty. Further, an injured party must show the defendant’s breach of that duty caused their injuries.

Damages

Due to the sheer size and weight of large commercial trucks, accidents often lead to widespread property damage and severe injuries or fatalities. Accident injuries commonly include neck and back injuries, head and spinal cord injuries, internal injuries, broken bones, and lacerations. Depending on the severity of the injuries, victims may experience extensive medical expenses and other devastating financial consequences.

Injured victims may be entitled to compensation for the following damages:

How Bad Is the Problem?

Pretty bad. In one recent year, across the United States, 4,951 people died in crashes involving large trucks. Eleven percent of all motor vehicle crash fatalities occurred as a result of large truck crashes. In the same year, 187 large truck accident fatalities took place in Georgia alone.

Were You in a Truck Accident?

If you or someone you love suffered injuries in a truck accident, speak with an experienced, dedicated attorney as soon as possible so that you have all the information you need to decide whether to pursue compensation.