Truck accidents are dangerous. This is mainly because of how many trucks are on the road and the catastrophic consequences of collisions involving these large vehicles. When a truck crashes into a smaller car or truck, it can cause devastating damage and injury or even death. Semi-trailers are heavy and large. Because of their size and weight, the damage they cause is often severe. Not only will the victims be severely injured, but they could potentially die, and both (injury and death) come with a financial burden. Despite strict regulations to increase safety that limit the hours drivers can work, maintain their trucks in specific ways, and limit loading, truck accidents still occur.

So, what is the number one cause of truck accidents? Let us examine the factors that contribute to these incidents.

The Leading Factor in Truck-Related Incidents

Negligence is a primary cause of commercial truck accidents. It can be attributed to drivers and other parties involved in the trucking industry.

  1. Driver Negligence

Drivers act negligently when they drive while distracted or fatigued, speeding, or driving drunk. All of these actions increase the chances of an accident. This is especially true because of the size and weight of commercial truck vehicles. Traffic regulations, like the hours of service (HOS) rules mandated by the federal government, aim to mitigate these risks. However, despite these regulations, many truck drivers violate them, putting other drivers, motorists, and others sharing the road at heightened risk.

The following are ways a driver would be negligent:

Distracted Driving

One of the leading reasons for truck crashes in California and throughout the nation is distracted driving. Truck drivers spend roughly eight times more hours behind the wheel than regular motorists. As drivers stay on the road longer, they are more likely to distract themselves with texting, eating or adjusting in-cab controls.

Vehicle Code Section 23123 states that truck drivers should not engage in hand-held phone activity. Violating this law constitutes negligence per se. That means the act is negligent without further proof of wrongdoing. Distracted driving among truckers often involves texting or using navigation systems while in motion. This affects the driver’s ability to react to sudden changes on the road. A momentary loss of attention could cause a disastrous accident. This is especially true in California, where the highways are congested.

Trucking companies are also responsible for educating drivers about the importance of not being distracted while driving and monitoring compliance with safety protocols.

Fatigue

Tiredness still plays a significant role in truck accidents. The Federal Motor Carrier Safety Administration (FMCSA) introduced hours of service (HOS) regulations to address driver fatigue. The regulations restrict truck drivers to 11 hours of driving in 24 hours after 10 consecutive off-duty hours. Even with these regulations, there are violations due to pressure to meet delivery deadlines and maximize profits.

When people are tired, they make poor choices, take longer to respond, and do not pay close attention, making them dangerous.  In extreme cases, fatigue can result in microsleeps or outright falling asleep behind the wheel, both of which cause catastrophic crashes.

Highways like I-5 and U.S. stretches of Route 101 become dangerous for tired truck drivers as traffic volume requires an almost constant state of vigilance.

Trucking companies can prevent accidents caused by fatigue by ensuring HOS-compliant schedules, educating drivers about the effects of fatigue, and ensuring reasonable schedules. Drivers should understand their limitations and take rests to ensure they are safe and everyone is safe on the road. Failure to do so amounts to negligence.

Speeding

Truck accidents sometimes occur due to speeding, which is negligent behavior. California’s highways have a lower speed limit for trucks because of their size and weight and how long it takes them to stop. For example, on highways that allow cars to go at 65 mph or higher, trucks are often restricted to 55 mph.

When truck drivers go above this limit, they violate the law and risk the lives of other people driving on the roads. When speeding, drivers cannot react fast to obstacles or sudden changes in traffic conditions. Moreover, the increased momentum of a speeding truck amplifies the severity of accidents. Therefore, a truck accident can seriously injure or kill you. This is especially true on California’s congested routes, like Los Angeles’ Interstate 405 or State Route 99 in the Central Valley.

According to the DOT and FMCSA rules, the trucking company is also liable for speeding. Speeding can be reduced using GPS tracking and speed limiters. However, proper implementation and oversight of their use are needed, and the trucking company should oversee them.

Driving Under the Influence

Truck drivers who operate their vehicles under the influence of drugs or alcohol commit a serious crime and tort (a civil wrong). California DUI rules are strict. According to the laws, the BAC limit for commercial drivers is 0.04%, less than that for non-commercial drivers set at  0.08%. This standard recognizes that truck drivers operating large vehicles when impaired intensify the risk.

The consequences of DUI in trucking are particularly severe due to the potential for widespread destruction. Impaired drivers have poor judgment, slower reactions, and less coordination, which are key for driving a truck safely. In California, where there is significant truck traffic, DUI-related truck accidents often lead to multi-vehicle accidents and severe injuries.

To prevent truck drivers from driving under the influence (DUI), trucking companies require strict pre-employment screening and regular drug and alcohol testing. Furthermore, trucking companies do not tolerate any use of drugs or alcohol by drivers. Any violations of the DUI rules amount to negligence.

Improper Lane Change or Following Too Closely

Truck accidents also happen when the truck driver is negligent and changes lanes improperly or follows another car too closely. California’s law states that weaving in and out of traffic is illegal. It is illegal not to allow for a safe distance between your car and the car in front of you. Always use your turn signal to let the people behind you and in front of you know of your change of direction. Make sure it is safe to switch lanes before you do this. It is against California traffic law to switch lanes without signaling that you are about to do this while ensuring vehicles on the parallel lane are not close to you. Truck drivers often overlook these rules, especially when tired or pressured to meet tight schedules.

Changing lanes improperly can lead to sideswipe collisions, which are common in dense urban areas like Los Angeles. When you follow too closely, you have less time to react to a sudden stop, which can lead to a rear-end collision. Given the size and weight of trucks, these accidents often result in significant property damage and severe injuries.

Trucking companies can mitigate the risks by providing drivers with proper safety training and teaching them to drive big vehicles cautiously. Moreover, advanced safety technologies, such as collision warning systems and lane-keeping assistance, can prevent accidents caused by negligence.

Lack of Proper Training or Experience

Proper training and experience are important for managing a truck safely. Drivers must obtain a Commercial Driver’s License (CDL) to drive trucks. Moreover, some truck drivers must obtain endorsements based on the vehicle type.

When drivers lack adequate training or experience, they are likely to make serious mistakes, including misjudging stopping distances, failing to make tight turns, or improperly securing loads. These errors can cause workers to fall victim to devastating accidents, especially on some of California’s most challenging routes, which range from city freeways to mountain roads.

Trucking companies are responsible for ensuring that drivers are ready to travel safely and hassle-free. Regular skill evaluations, continuing education, and mentoring programs can help overcome shortcomings in training and experience and lower accidents.

Impairment by Medications

Medication-related impairment is an often-overlooked cause of truck accidents. Truck drivers must disclose to the authorities the medications they take that could affect their driving. Nevertheless, the extended hours and physical demands often see many drivers using various medications to deal with pain, remain alert, or fend off stress, often with nasty side effects.

Medications that cause drowsiness, delayed reaction times, or impaired judgment can be very dangerous when operating large vehicles. Trucking firms must inform drivers of these dangers and encourage them to notify doctors regarding the impact of drugs on their driving ability.

Failure to Perform Truck Inspections

Truckers must complete pre-trip and post-trip inspections on their trucks to ensure their safety and that of other motorists. These inspections are not optional. These inspections are required by the Federal Motor Carrier Safety Administration (FMCSA) and reinforced by state regulations. Inspections before the trip identify problems like faulty brakes, worn-out tires, broken lights, or insecure cargo that can pose immediate risks. Inspections done after a trip are about finding defects that may have developed during the journey. The inspection ensures the vehicle is fit for the next trip.

Neglecting these inspections is viewed as gross negligence. Not doing these checks demonstrates a blatant disregard for established safety protocols. Failing to verify the condition of the brakes, tires, or cargo securement could lead to severe mechanical failure, an accident, or a catastrophic rollover. These risks are amplified when truckers spend long hours navigating winding roads and congested highways.

Inspections are important for preparedness in case of an emergency. After the journey assessments, the truck driver can identify fluid leaks or any mechanical wear and tear, which, if not managed properly, may cause breakdowns or even collisions.

  1. Negligence by Other Parties

While the truck driver’s negligence significantly contributes to truck accidents, negligence in these scenarios is not limited solely to the truck drivers. Many other parties can also act negligently and cause or contribute to a truck accident. These parties  include:

Trucking Companies

Among the issues mentioned above, the trucking company must also take adequate security measures to maintain safety. Their negligence often begins with hiring practices. Hiring unskilled drivers with insufficient training, qualifications, and experience to drive large vehicles increases the risks of an accident. These companies are also responsible for the regular maintenance of their fleets. If drivers report issues and the company takes no action to address these issues, there could well be a mechanical failure, like a brake malfunction or tire blowout.

When drivers are pushed to meet unrealistic schedules, they will speed or drive while tired, which leads to crashes. These issues demonstrate a company’s negligence of safety in their pursuit of profits.

Cargo Loaders

When cargo is improperly loaded, severe unintended consequences could occur. If the loading is properly secured, weight restrictions are exceeded, or weight is not distributed properly, the cargo can shift while on the road, destabilizing the truck. A sudden turn or brake can also cause a rollover or jackknife.

Compliance with safety standards is important, as not following loading practices can affect the safety of the truck driver and other road users. This makes the cargo loaders liable for the resulting injuries and losses.

Manufacturers

A manufacturer is liable when a defect in design or production causes a component to fail. Problems like defective brakes, poorly manufactured tires, and malfunctioning steering wheels cause accidents. This negligence underscores the importance of rigorous testing and adhering to safety standards.

If there is evidence that a defect contributed to a crash, the manufacturer may be liable for damages caused by the collision.

Maintenance Providers

Third-party maintenance providers are entrusted with ensuring the trucks are road-worthy after repairs. Negligence by maintenance providers includes:

  • Subpar work
  • Failing to identify critical issues
  • Creating new problems

Their negligence can result in dangerous mechanical failures of brake repair parts that were not fitted properly.

Road Authorities

Road authorities at state and local levels help maintain safe driving conditions. When intersections are not designed properly, when signage is inadequate, and when the road surface is not maintained, the likelihood of accidents increases. This is especially true for large trucks that require more space to operate. When road authorities know about a hazard and do not address it or do not improve safety despite being aware of the risks, negligence happens.

Other Drivers

Sometimes, other drivers' actions result in truck accidents. When people cut off trucks, fail to yield the right-of-way to these vehicles, or follow too closely, they act negligently and fail to account for the size, weight, and braking limitations of the large vehicles. This reckless driving can cause collisions, as truck drivers have to swerve to avoid a crash.

Regulatory Bodies

Government organizations, like the FMCSA, establish regulations to keep the trucking industry safe. Negligence in enforcing these rules facilitates unsafe practices, such as failure to monitor hours-of-service limits, lax inspections, or failure to act on non-compliance. Regulatory shortcomings indirectly contribute to accidents by allowing preventable risks to go unchecked.

Insurance Providers

Insurance company negligence can indirectly influence unsafe practices. Policies prioritizing cost-cutting at the risk of safety force companies to cut corners, like reducing vehicle downtime instead of proper maintenance. This culture can lead to poor repairs or overlooked safety concerns, making accidents more likely to happen.

How to Prove Negligence and Seek Compensation After a Truck Accident

When filing a personal injury case after a truck accident, your first step is to prove negligence. You must follow a four-step process.

  • Establish that the defendant owed you a duty of care — Start by proving that the liable party, whether the driver, trucking company, maintenance provider, or another party, owed you a duty of care. Commercial trucking usually has this obligation, as these entities are expected to be safe on the road.
  • Prove that the defendant breached the duty of care — Demonstrate to the court how this duty was breached. For example, truck drivers or trucking companies may breach their duty due to reckless driving, not properly maintaining the truck, poorly loaded cargo, or an industry safety standard violation. It is important to record these violations because they will serve as evidence that the defendant breached the duty of care they owed you.
  • Causation — This step requires you to show that the breach caused the accident and nothing else. The evidence must indicate that the negligent action was the primary cause of the accident, not merely a contributing factor. 
  • You suffered damages — You need to show the losses or the harm you have suffered. You can receive compensation for injury expenses like medical bills, lost income, or property damages.

Gathering all available evidence, including police records, maintenance logs, and witness statements, helps you secure compensation. You likely will need medical records and expert witnesses to show the full extent and impact of your injuries and the accident. With this foundation, you file a complaint in court detailing your claims and seeking appropriate damages.

Most cases are settled before trial through settlement negotiations, while unresolved disputes proceed to trial. You present evidence to prove your case during the trial and secure compensation. Depending on the situation, you can demand compensation for your economic losses and non-economic damages for your pain and suffering. Severe misconduct will allow you to claim punitive damages.

Find a Personal Injury Attorney Near Me

Personal injury lawsuits come across as straightforward. Many people believe that you will be compensated just by suing the negligent party. However, there are many nuances involved in the personal injury claims. The process is not as simple as it might appear at first glance. Understanding the law and the challenges you must navigate will help you prove negligence and who is at fault.

If you are a truck accident victim, you should seek legal advice immediately. At the Truck Accident Injury Attorney Law Firm, we will help you identify the liable party, establish the grounds for your lawsuit, and fight for the full compensation you deserve. Call us today at 888-511-3139.