Big Truck Collisions - Lee Patton Law

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Big Truck Collisions

In 2013, there were 3,964 people killed and an estimated 95,000 people injured in crashes involving large trucks.

In Missouri 132 people were killed in big truck collisions in 2004, while Illinois had 139 deaths. Big truck registration continues to grow, up from 6.2 million in 1990 to 7.9 million in 2002.How to avoid “blow-out” from big trucks? As you come upon a big rig watch the trailer tires. If those tires seem to be bouncing or the trailer is bouncing this can be a signal that one of the tires is about to blow. The treads from a big truck can tip the scales at 50-75 pounds and be propelled away from the truck at great speeds.

WHAT ARE SOME OF THE DANGERS ASSOCIATED WITH LARGE TRUCKS ON THE ROADWAYS?

NO ZONES – Large trucks have no-zones which are blind spots, that are located around the front, back, and sides of the truck. When a car is in the No-Zone, the truck driver is usually unable to see it. At these times, a large truck could turn into or on top of a passing car and a serious collision could result. What can you do to avoid becoming a victim of a big truck? Never drive in the “NO ZONES.” When passing a big truck don’t linger – get by him as soon as possible. Of course the big truck driver has the obligation to keep a careful lookout and make sure no one is in the NO ZONE before the truck changes lanes, but often this doesn’t happen.

WIDE TURNS – Tractor-trailer trucks often need to swing wide to the left in order to negotiate a right turn. When truck drivers make wide right turns; they are often unable to see smaller vehicles directly behind or beside them. When a car cuts between the truck and a curb, the car can be caught in a squeeze, and a serious accident can occur.

STOPPING DISTANCE – Big rig trucks need a greater stopping distance than other vehicles. If there is not enough stopping distance between a car and a large truck, the car risks being involved in a rear-end collision. Always keep watch in your rear view mirror when driving. If the other driver isn’t paying attention you may be able to move over or up to keep from getting hit.

SUDDEN LANE CHANGES – Occurs when a truck turns at high speed and swings into an adjacent lane unexpectedly. Unlike passenger vehicles, transport trucks require up to 40 percent more space to stop. Following too closely results in inadequate stopping distance between large trucks which then rear-end vehicles in front. It is not difficult to imagine the devastating results that occur when a car, van or SUV is hit from behind with over 10,000 lbs. of moving metal.

WHAT ARE SOME OF THE CAUSES OF BIG TRUCK COLLISIONS ON OUR ROADS?

There are many different factors and reasons for accidents involving big trucks which include negligence on the part of the truck driver or the other vehicle involved. Some others include:

Aggressive and road rage drivers
Unrealistic schedules causing “catch up” driving
Failure to inspect tires (blow outs can cause 50-75 pounds of flying tread)
Failure to inspect brakes and brake lights
Following too close or tailgating (the “I am bigger than you so get out of my way” syndrome.)
Long work hours causing driver fatigue
Cell phone use while driving
Failure to install blind spot mirrors or failing to check right of way before changing lanes
Improper loading, shifting cargo and Jackknifing
Speeding and ignoring reduced truck speed limit

An 18-wheel truck traveling at 70 miles per hour has nearly twice as much energy as one going 50 mph. In addition, automobiles are designed under Federal Motor Vehicle Safety Standards to encounter like size vehicles, not 80,000 pound trucks. Added hazards include the absence of rear and side bumpers and high front bumpers which enter automobile passenger spaces. All these factors account for the high percentage of serious injuries and deaths in these crashes.

WHY IS A TRAFFIC COLLISION INVOLVING A LARGE TRUCK MORE LIKELY TO CAUSE INJURY THAN ONE INVOLVING A PASSENGER CAR?

Trucking collisions are different from auto accidents in many ways, one of the most serious being the extent of damages and injuries when a truck and an automobile collide. A typical fully loaded large commercial truck can weigh 80,000 pounds or more, while an average passenger automobile weighs approximately 3,000 pounds. Due to this size disparity, and the basic laws of physics, any collision between a commercial truck and another vehicle is likely to result in serious, even fatal, injuries.

WHAT ARE THE STATE OR FEDERAL REGULATIONS GOVERNING TRUCK DRIVERS?

There are many regulations, both state and federal, that trucking companies are required to follow. Some of those laws include the following:

Trucking companies are required to follow the Federal Motor Carrier Safety Administration’s (FMCSA) regulations concerning equipment and hours of service.

Truck drivers are required to maintain a driver’s log book.

Federal regulations require commercial trucks to carry certain levels of insurance coverage, depending on the nature of the materials hauled. These regulations protect victims of large truck crashes from truck owners who may not have the financial resources to pay damages out-of-pocket.

The Commercial Motor Carrier Safety Assistance Program requires that individual States, and other political jurisdictions unify to develop and implement programs that will ultimately improve motor carrier, CMV, and driver safety and establish a safer and more efficient transportation system.

Commercial driver’s license standards are federal regulations in place to reduce or prevent truck accidents and resulting injuries and/or deaths by requiring drivers of certain vehicles to obtain a single commercial motor vehicle driver’s license.

Both Missouri and/or federal law, depending on whether the truck was involved in intrastate or interstate transport may govern truck accidents.

WHAT ARE THE REGULATIONS REGARDING PROHIBITED CONDUCT FOR TRUCK DRIVERS?

A driver will not be allowed to operate a commercial motor vehicle if he/she engages in prohibited conduct. Prohibited conduct includes:

Reporting for duty with a blood alcohol concentration of 0.02 or greater
Possessing alcohol unless it is part of a shipment, including medications like cough syrup or cold medicine that contain alcohol
Consuming alcohol while performing safety-sensitive functions
Consuming alcohol within 8 hours preceding an accident
Reporting for duty while using any drug that affects the driver’s ability to safely operate a motor vehicle
Refusing to submit to any DOT mandated alcohol or drug test

WHAT ROLE DOES ALCOHOL AND DRUG USE PLAY IN TRACTOR TRAILER WRECKS?

Over a period of one year, a study of truck driver fatalities was conducted by The National Transportation Safety Board and The National Institute on Drug Abuse in eight states. Comprehensive drug screenings were performed on blood specimens taken from 168 fatally injured drivers. One or more drugs was detected in 67% of these fatally injured drivers and 33% of these drivers had detectable blood concentrations of psychoactive drugs or alcohol.

ARE THERE TRUCKING REGULATIONS GOVERNING THE NUMBER OF HOURS A TRUCK DRIVER CAN OPERATE IN A 24 HOUR PERIOD?

Driver fatigue and drowsiness are situations which result in reckless conduct for example failure to drive in the proper lane or running off the road. Sleepy truckers are of such concern that in April of 2003, the Federal Motor Carrier Safety Administration (FMCSA) instituted new hours of service regulations to curb truckers’ problems with fatigue. While these laws have helped reduce the number of accidents, the U.S. National Transportation Safety Board still blames driver fatigue as a probable factor in 20-40% of truck crashes.

Since 1939, Federal law has placed restrictions on the hours of service that a trucker may operate his truck. Recent changes have been made to these rules for the first time in over 60 years. The new rules are designed to reduce the effect of cumulative fatigue and prevent many of the accidents and deaths to which fatigue is a contributing factor for big truck drivers.

If you have been injured as a result of an accident you could be entitled to recover money damages from anyone responsible. My experience as a personal injury attorney will allow me to assist you in obtaining compensation for your injury. I would be honored to speak to you today about your injury. Call Lee Patton at 314-965-5400 for your free legal consultation.