General Truck Accident Information

Information on Truck Accidents, including a list of the types of Truck Accidents and common causes of Trucking Accidents, an overview of fault and liability in accidents involving trucks, tractor trailers, and semis, and an explanation of the statute of limitations.

Understanding Truck Accidents · Types of Truck Accidents · Truck Accident Causes · Liability and Fault · Statute of Limitations

Understanding Truck Accidents

A motor vehicle accident involving a commercial truck, such as an eighteen-wheeler or other large freight carrier, can be much more catastrophic than an ordinary automobile accident. According to National Highway Traffic Safety Administration statistics, approximately 170,000 individuals are injured in trucking accidents each year. By nature, trucks are massive and hard to maneuver, which makes for dangerous conditions while driving and increases the risk of accidents. In addition, some trucking companies fail to comply with safety and maintenance practices in order to reduce costs. If the truck involved in a trucking accident is carrying hazardous or flammable materials, the harmful effects of an accident are greatly increased. Many truck accident victims experience serious or permanent injuries that necessitate dramatic lifestyle changes. In these situations, it is advisable for the injured person to speak to a truck accident lawyer about recovering compensation. Lawyers who specialize in handling truck accidents are knowledgeable about the unique set of issues presented by truck accident lawsuits, including determining fault, complications with the truck company, handling insurance companies, and effectively dealing with the attorneys representing the truck company.

Types of Truck Accidents

Trucks and tractor trailers are involved in thousands of motor vehicle accidents accidents each year on our nation's highways and streets, and are a serious threat to the traveling public. The immense size and power of trucks makes them prone to unique types of accidents that can involve other trucks, cars, motorcyles, bicyclists, pedestrians, and costly property damage.

Listed below are some common types of truck accidents:

Truck Brake Malfunction Downhill Brake Failure Truck rollovers Accidents caused by truck blind spots Head on collision Stopping distance/rear end collision Underride: An underride accident is one in which a truck brakes quickly and a car plows into and under the truck, shearing off the top of the car. Override: An override accident is one in which a truck "rides over" a car, motorcycle, or pedestrian. Jackknife: The folding of a truck at it’s pivot point; commonly caused by the sudden application of the brakes in a tractor-trailer. Turning accidents: The length of the truck often makes turning a difficult process, and sometimes trucks require two lanes to make a right turn.

Truck Accident Causes

Truck accidents are a major cause for concern on the highways of America. With fully loaded commercial trucks weighing as much as 80,000 pounds, these accidents often result in serious personal injuries and death. Truck accidents often involve some type of negligence on the part of the truck driver, the trucking company, or both. Defective products, defective roadways, and maintenance issues can also contribute to truck accidents. Listed below are several causes that lead to trucking accidents.

Truck Driver and Truck Company Causes:

Truck company negligence Inadequate training and supervision of truck drivers Excessive speed (often to meet a delivery deadline) Aggressive driving by the truck driver, such as tailgating Driver fatigue, resulting from driving longer than permitted by law Negligent driving in bad weather conditions in order to meet delivery deadlines Abuse of drugs used to stay awake and to combat the monotony of a long haul Driver distraction due to misuse of technology in the cab (cell phones, laptop computers, CB-radios, GPS systems)

Other Causes:

Runaway trailers Overloaded or improperly loaded trucks Tractor trailer brake failure Defective or unsafe roadways Equipment defects (tires, brakes) Truck design defects Road construction Lack of proper maintenance of the truck or trailer Tire tread separation and tire blowouts Inadequate safety systems, such as reflectors, lights and other warning devices

Liability and Fault

Unlike an auto accident in which the driver is usually the owner of the vehicle and there is typically only one party potentially liable for the accident, there can be multiple parties responsible for a truck accident. Determination of fault in a truck accident usually requires careful investigation, including the examination of skid marks, points of impact, and vehicle damage. Potentially liable parties are listed below.

Truck Driver - A truck driver can be negligent and held responsible for the accident if any of the following factors were present: fatigue, driving impaired, driving recklessly, negligent turns, exercising poor judgment in braking, or tailgating. Truck Cab Owners - Truck cab owners have a duty to inspect the cab and ensure that it is in safe operating condition, including inspecting brakes, lights, and tires. Truck Trailer Owner - Truck trailer owners are typically different than the truck cab owners, but they have the same duty to perform a proper inspection and make sure the trailer is in safe operating condition. Truck Loaders - The truck loading company needs to ensure the truck is properly loaded to avoid overloading or load shifts that can cause a rollover or other type of trucking accident. Truck Maintenance Contractor - If improper truck maintenance caused the truck accident, the maintenance contractor may be liable. Truck and Truck Equipment Manufacturer - If a defect in the design or manufacturing of the truck contributed to a truck accident, the manufacturer may be found liable under products liability law. Trucking Companies - Truck companies that hire truck drivers need to perform adequate background checks on their drivers to ensure they are qualified. Government - State and federal governments may be liable for a trucking accident if defective road design or other negligence resulting in a hazardous roadway played a part in the accident.

In the event of a truck accident, the truck driver and the trucking company usually have an economic incentive to have the accident determined to be the fault of the other driver. The truck driver's employment may be at stake, and the truck company and its insurer want to avoid paying a large sum of money to resolve the claim. An experienced truck accident attorney understands all the potentially liable parties and will work to ensure that you receive fair compensation to cover all your medical expenses, lost wages, and other needs.

Statute of Limitations

The law imposes a statute of limitations on truck accident claims, setting a maximum amount of time that legal proceedings can occur after the date the incident. Statutes of limitations vary by state and cause of action, but if a claim is not brought within the time period allowed, it will be barred. In order to protect your legal rights, it is essential to take immiediate action and speak to an experienced truck accident lawyer as soon as possible after the accident. A truck accident lawyer will be familiar with the many complex laws and regulations in the trucking industry, and will have the resources and experience to evaluate and handle your case.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

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