Trucking Accidents: Common Causes

West Palm Beach
(800) 780-8607
(561) 686-6300
(800) 220-7006 En Español

Tallahassee
(888) 549-7011
(850) 224-7600

The cause of deadly truck crashes often can be traced to greedy trucking companies that skirt safety rules and force drivers to meet unreasonable delivery deadlines.

Analysis by the American Association for Justice of previously-unavailable data confirms that “commuters are sharing roads with trucks that have incurred thousands of safety violations, such as defective brakes, bald tires, loads that dangerously exceeded weight limits, and drivers with little or no training or drug and alcohol dependence.” While the problem is nationwide, the AAJ report notes five states that have the highest rate of companies violating federal safety standards: West Virginia, North Dakota, Nebraska, Vermont, and Iowa.

Why are these chilling statistics mounting? Primarily because trucking companies are cutting corners in order to maximize profits. Statistics show that the profit margin for trucking companies is often very low; in fact, 90% of new trucking companies are out of business by the end of their first year. So the most aggressive and unscrupulous companies stay in business by putting their profits before public safety.

(To read the AAJ report, click on “Warning! Safety Violations Ahead: Motor Carrier Companies Keep Unsafe Trucks on the U.S. Roads”.)

One of the reasons that large tractor-trailers cause death and destruction is sheer size and weight. The Federal Motor Carrier Safety Administration’s 2009 Large Truck Crash Overview reports that large truck-tractors pulling semi-trailers accounted for 61% of the large trucks involved in fatal crashes, and 47% of large trucks involved in non-fatal crashes.

• Overweight trucks - especially when the load is not balanced or has shifted - take longer to brake than cars, and are more likely to rear-end another vehicle or roll over. The Insurance Institute for Highway Safety’s Fatality Facts 2009 report notes that loaded tractor trailers can take from 20% to 40% farther to stop than other motor vehicles – a difference that may be even greater if trailers are empty or roads are wet or poorly maintained.
  
  
• Jackknifing occurs when the trailer attached to a semi-truck speeds up or skids in icy or rainy weather. In one FMCSA study, when investigation determined that the truck itself was the critical reason for a crash, 32.1% of tractor trailers had run off the road or crossed out of their lane. Another 28.6% in this group were traveling too fast for road conditions. Yet in only 2% of the cases investigated was the critical reason determined to be the environment: traffic flow interruption, roadway-related factors, or weather-related conditions.
  
  
• The FMCSA reports that truck brake problems were found in 30% of the 967 truck crashes investigated in one nationwide study. Problems included outright brake failure or brakes that were out of adjustment. Clearly, it is not uncommon for trucking companies to forgo safety procedures and/or ignore necessary repairs and maintenance schedules.
  
  

In nearly a third of large truck crash cases, the FMCSA finds that a truck driver’s performance or condition is responsible. In fatal crashes involving large trucks during 2009, for example, 31% of the accidents were attributed to driver-related factors.

The most dangerous driver factors related to fatal large truck crashes are driving too fast (7% of truck drivers), failure to keep in the proper lane (6%), and distraction or inattention (6%). A NHTSA survey of more than 4,000 truck drivers indicated that common distracting behaviors include talking to passengers, changing radio stations or searching for CDs, eating or drinking, reading a map or other directions, and texting or making and receiving cell phone calls.

A September 2009 study of Driver Distraction in Commercial Vehicle Operations conducted by the Center for Truck and Bus Safety at Virginia Tech Transportation Institute found that drivers were engaged in non-driver tasks in 71% of crashes, 46% of near-crashes, and 60% of events deemed “safety critical.” Not surprisingly, eye glance analyses demonstrated a distinct correlation between increased risk and high “eyes off the forward road.”

As a result of this alarming evidence, in January 2010 U.S. Transportation Secretary Ray LaHood announced new federal guidelines forbidding texting and use of hand-held cell phones by drivers of commercial vehicles such as large trucks and buses. Commercial drivers who violate the new rules may be subject to civil or criminal penalties and substantial fines.

Here are some other driver-related factors in fatal large truck crashes:

• Nearly 20% of truck drivers involved in large truck crashes were not wearing seat belts.
  
  
• Only 2% of drivers of large trucks involved in fatal crashes had blood alcohol content over the legal limit of .08 grams per deciliter, and less than 3% had any alcohol at all in their bloodstream.
  
  

Fatigue as a factor in driver liability has prompted serious debate as the trucking industry lobbies for longer hours of service (HOS) - while consumer advocates back lower HOS limits and longer rest requirements.

Although, according to recent FMCSA analyses, fatigue ranks seventh on the list of driver-related factors in large truck fatal crashes, the role of truck driver fatigue has been documented in major studies by the Insurance Institute for Highway Safety, the American Automobile Association Foundation, and the National Transportation Safety Board. The NTSB estimates that driver fatigue may be a factor in nearly 40% of all fatal truck crashes.

Public opinion polls conducted in the last decade indicate that Americans are seriously concerned about driver fatigue and support shorter, rather than longer, hours of service. Truck drivers themselves admit that the fatigue factor – long hours on the road combined with insufficient rest or sleep – may be more pervasive than either government or industry studies indicate.

The FMCSA governs the hours of service of interstate truck drivers, as well as drivers of commercial vehicles that transport hazardous materials within a state. (Intrastate commercial vehicles are covered by state laws that, in many states, are identical or similar to the federal regulations.)

During the Bush Administration, hours of service became a source of controversy and concern, pitting the trucking industry and other big business entities against consumer groups and safety advocates. The current HOS rules were among the so-called “midnight regulations” issued by the Bush Administration just before the Obama Administration took charge.

Current government regulations covering hours of service provide that truck drivers:

• May drive 11 consecutive hours during a 14-hour on-duty work period before taking at least 10 consecutive hours off-duty for rest or sleep. This time off may be split into two periods in a truck sleeper berth.
  
  
• May be on duty a maximum of 15 hours altogether during any 24-hour period. No more than 10 of these hours may be spent driving. Time off for lunch and other breaks does not count toward the maximum duty or driving time.
  
  
• May drive 77 hours a week and work up to 84 hours – 88 hours for some long-haul drivers. Safety advocates argue that this is more than twice the average 40 hours a week that most Americans work.
  

Truck safety advocates have challenged this HOS formula on the grounds that it encourages carriers and shippers to impose unrealistic delivery schedules and increases crash exposure by contributing to fatigue. A US Court of Appeals has ruled that the FMCSA violated the law by increasing allowable consecutive driving time from 10 hours to 11 hours when the agency’s own data shows that truck crash risk increases after only 8 hours of consecutive driving.

In December 2010, the FMCSA published a Notice of Proposed Rule Making (NPRM) that endorses a return to the 10-hour driving limit and makes additional changes related to trucking safety. For example, proposed new regulations provide that truckers may drive only within 7 hours or less of an off-duty period of at least 30 minutes, and may not count time resting in a parked truck as off-duty time. Public comment on the proposed changes was opened in March 2011, and consumer advocates are hopeful that the reduced HOS rules will be approved.

Recent research suggests that an element of truck driver fatigue may be sleep apnea, common among the estimated 28% of truck drivers who are classified as clinically obese.

A statement from the Joint Task Force of the American College of Chest Physicians, American College of Occupational and Environmental Medicine, and the National Sleep Foundation offers controversial new evidence about the prevalence of sleep apnea as the cause of some large truck crashes.

Drawing upon a study conducted by the Cambridge Health Alliance in Massachusetts and a pilot truck driver-testing program in Green Bay, Wisconsin, the Task Force suggests that because an estimated 3.9 million truck drivers (about 28%) meet the clinical definition of obesity, and obesity is closely connected with obstructive sleep apnea (OSA), commercial motor vehicle operators may have a higher prevalence of OSA than the general population. The report claims that “medical research has shown that OSA is a significant cause of motor vehicle crashes,” and concludes that, given the incidence of OSA among truck drivers, OSA is likely a major factor in truck crashes.

The federal medical reporting form for commercial vehicle operators asks whether or not the driver has a sleep disorder. But the Task Force recommends that FMCSA regulations be amended to deal with sleep apnea specifically, and to provide guidelines for diagnosis and treatment. A successful pilot program undertaken by a Wisconsin trucking company to identify and treat truck drivers with sleep apnea resulted in a significant reduction in crashes and saved the company $500 a month in health expenses.

Hundreds of thousands of licensed tractor trailer drivers are driving with medical disabilities. When these drivers suffer seizures, heart attacks, or spells of unconsciousness, innocent motorists and pedestrians are killed or seriously injured.

• A June 2008 report from the United States Government Accountability Office says that the agency’s analysis of license data from the Department of Transportation and medical disability data from the Social Security Administration, Office of Personnel Management, and Departments of Veterans Affairs and Labor found 563,000 commercial driver’s license holders determined eligible for full disability designation.
  
  
• Review of 7.3 million commercial driver violations compiled by the US Department of Transportation for 2006 noted that more than half of medical-related violations occurred in just 12 states: Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota, and Ohio.
  
  

In the last several years, another dangerous factor in large truck accidents has surfaced: an estimated 15,000 untrained truck drivers with fraudulent licenses secured from license-for-sale scams.

In addition to requirements for licensing and regulating trucking companies, the Federal Motor Carrier Safety Administration requires truck drivers to meet standards for training, apprenticeship, and licensing.

Licensing of truck drivers is controlled by the states, and most states require substantial training and rigorous testing before a license is granted. There are federal requirements, as well: the Commercial Motor Vehicle Safety Act of 1986 established minimal national standards that states must meet when licensing drivers of commercial vehicles. Since 1992, drivers in interstate, intrastate, or foreign commerce must have a commercial driver’s license issued only after passing a test of skills and knowledge.

Unfortunately, examples of licensing fraud are rampant: one study uncovered fraudulent pay-for-license schemes in 24 states. In 2007, the US Department of Transportation had 21 investigations going on in 13 states. A report from the DOT Office of Inspector General warned, “As a result, unskilled drivers could be operating commercial vehicles on the nation’s highways, creating significant risks for death, injury and property damage.”

The challenge, however, is enforcement: few states have the money or personnel – especially in this economy – to chase down truck drivers whose licenses may have expired, been suspended, or acquired by fraudulent means. So, too often a truck driver’s lack of valid license is not discovered unless – or until – he is involved in a crash that has killed and maimed innocent motorists or pedestrians.

It’s not only truck drivers themselves who put lives at risk on the road. Sometimes road conditions, day and time, weather, and other environmental factors can spell danger for truckers and passenger vehicle drivers alike.

• Nearly a third (31%) of fatal large truck crashes occur on interstate highways and freeways, 58% of fatal crashes happen on other major roads, and the remaining 11% of fatal large truck crashes occur on minor roads.


• According to the Insurance Institute for Highway Safety, large truck crash fatalities are more likely to occur on weekdays than on weekends, and they are more likely during daylight hours (6 a.m. to 6 p.m.) than at night or the wee hours of the morning.


• In about 15% of both fatal and non-fatal crashes involving large trucks, adverse weather conditions played a role. Rain proved the most common danger, according to the FMCSA’s 2009 Large Truck Crash report.


• In work areas such as construction zones or areas where maintenance or utility repair was taking place, 13% of fatal crashes involved large trucks.

It’s no wonder that when a disastrous truck crash happens, victims and their families don’t know where to begin sorting out who is at fault. Attorneys at Searcy Denney have more than 30 years experience investigating truck crash cases and helping clients understand their options for seeking justice. If a loved one has been killed, or you or a family member has been injured, in a large truck crash, please fill out our Contact Form, or call us to learn more and arrange a confidential free consultation.