Trucking Accidents: Safety First or Last?

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Some of the responsibility for preventing the deaths and injuries caused by large truck crashes must be borne by trucking corporations that skirt safety rules and force drivers to adhere to potentially deadline schedules.

Despite federal and state regulations for truck safety, violating the rules in order to cut costs sometimes proves an effective strategy for trucking companies. This is especially tempting for small companies with fleets fewer than 10 trucks, which – despite their size – account for 87% of violations of safety standards.

• Safety inspections have resulted in one out of five inspected trucks fined and/or taken off the road. There is evidence that as many as 200,000 unsafe trucks could be operating on US highways. One reason: The chances of getting caught are minimal. Less than one percent of all trucks are involved in inspections by the Commercial Vehicle Safety Alliance.

  In June 2011, however, the United States, Canada, and Mexico cooperated in a North American safety sweep targeted to road-going trucks and commercial buses. Department of Motor Vehicle inspectors and state troopers participating in Roadcheck 2011 staffed safety checkpoints along designated interstate highways, and vehicles failing major categories of the checklist were placed out of service.

• It is not uncommon for companies found in violation of federal standards to get away with changing their names and continuing to operate. According to a 2009 report by the US Government Accounting Office, more than a thousand companies cited for safety violations were soon “reincarnated” and back on the road.


• Minimum standards for insurance have not changed for nearly 30 years, so it can be cheaper for companies to absorb the costs of insurance payoffs to victims rather than spend the time and money to make their trucks safe. It should be noted that, while the law allows trucking companies to carry a minimum of $750,000 of insurance for tractor trailers, rarely is this sufficient to compensate victims and families devastated by large truck crashes.

Here are just some of the ways that big trucking companies could reverse the vicious cycle of putting their own profits first and motorist and pedestrian safety last.

• When purchasing new trucks and equipment, make sure that each element complies with the most recent National Highway Traffic Safety Administration standards. There are several bills pending in Congress related to commercial motor vehicle safety, which, if passed, will result in standards enforced by the US Department of Transportation (DOT).


• Adhere to federal and state inspection schedules and maintenance requirements, making sure that truck fleets are in good repair before they hit the road. Because roadside inspections cover only a tiny proportion of trucks on the road, a pro-active approach to mechanical safety by trucking companies could save hundreds of lives and thousands of injuries.


• Correct within the allowable time frame any vehicle or equipment safety noncompliance problems identified by regulatory authorities in roadside inspections such as Roadcheck 2011.


• Oppose self-serving proposals to increase the size and weight of trucks – which would increase deaths and injuries. The Federal Motor Carrier Safety Administration points out that although big trucks have excellent braking equipment, their size and weight contribute to a delay of more than half a second when a driver slams on the brakes. A car traveling at 55 miles an hour can stop in about 160 feet, but a big truck moving at the same speed could take more than 240 feet to stop.


• Stop forcing drivers to carry too-heavy loads and to meet impossible delivery schedules. The combination of overloaded trucks, high speed, and driver fatigue or distraction can be lethal.


• Support proposals to limit the hours that truck drivers may drive, which would decrease drivers’ risk of sleep deprivation and fatigue. New Hours of Service (HOS) rules have been proposed by DOT to replace the more lenient “midnight regulations” passed in the wee hours of the Bush Administration. Consumer groups, safety advocates, and even some elements of the trucking community are supporting the new limits, and urging passage of a Congressional bill requiring on-board electronic monitoring of HOS compliance.


• Help educate the public about the dangers of large trucks and safety measures that can prevent truck crashes. Gerie Voss of the American Association for Justice says, “Stricter safety standards, including roof crush resistance, added seatbelt standards and enhanced driver fatigue monitoring, could protect consumers by reducing the severity of motor carrier accidents. The brakes have been on vehicle safety standards for too long.”

Spurred by legislation and consumer concern, many commercial trucking companies and their associations are taking concrete steps to improve the maintenance of their trucks and to train their employees in preventive and cautionary safety measures. The American Trucking Associations, an industry group representing the largest companies, is calling for improvements in the licensing system for commercial truck drivers, enforcement of rules that weed out bad drivers, increased drug testing, greater funding for state and federal roadside inspection, and more roadside rest stops. (See the Resources section of this website for references to trucking organizations, and to pending federal legislation that addresses some of these issues.)

Nonetheless, major trucking companies, their highly-paid lobbyists, and their powerful membership groups stand united in their opposition to limiting the size and weight of commercial trucks. The American Trucking Associations vigorously oppose the size-and-weight bill pending in the 112th Congress, as well as the Department of Transportation’s new Hours of Service proposals. However, one trucking organization, the Owner-Operator Independent Drivers Association, has spoken out in favor of size and weight limits, arguing that bigger trucks fly in the face of common sense safety and cause dangerous and expensive infrastructure damage as well as injuries and death.

Although truck drivers are at fault in less than a third of car-truck crash incidents, they can play a major role in preventing accidents and saving lives. Here are some recommendations for truck drivers from regulatory agencies and truck safety advocates:

• Stay healthy and fit, to protect your own life and that of others. This means providing accurate medical information for licensing procedures, taking care with prescription or over-the-counter drugs that may impair performance, and making sure to get sleep and rest in according with HOS rules.


• Never drive impaired by alcohol. Research conducted at Columbia University in 2010 provides empirical evidence that alcohol testing of truck drivers first mandated in 1995 has paid off in terms of significant decrease in fatal crashes involving commercial drivers and alcohol use.


• Check your truck carefully before you get behind the wheel. Confirm that brakes are working properly, check fluids and investigate leaks, and see that tires are in good condition to prevent blowouts. Make sure that the truck is not overloaded, that the load is balanced, and that it is not likely to shift during transit. If you are driving a tractor trailer, check to see that the trailer is connected properly.


• Fasten your seat belt. While all drivers, including drivers of commercial vehicles, are required by law to wear seat belts, a 2007 study indicates that compliance by truck drivers is about 20% lower than among drivers of passenger cars. Buckling up is not only the law, it is the smart move. The size and weight of a large truck offers no protection when a driver is thrown around – or out – during a crash.


• Become a defensive driver who adjust mirrors and watches out for vehicles in the “no-zone,” maintains a safe speed, keeps an appropriate distance from other vehicles, slows down for construction and adverse weather conditions, and anticipates situations where it may take longer to brake.


• Avoid distractions that can be lethal, such as radios and CD players, electronic monitoring devices, other motorists, signs and scenery along the route, and cell phones – remembering that cell phone use and texting while driving are now illegal. Do not be tempted to pick up hitchhikers, who could be distracting as well as downright dangerous.


• Do your part to prevent accidents and help out others on the road. One way is to report to authorities unsafe road conditions, people driving erratically, stranded motorists, traffic accidents, and other unexpected threats to road safety.

Federal authorities estimate that in about 70% of fatal crashes between a car and a large truck, it is the automobile operator who is at fault. Drivers of non-truck vehicles can reduce car-truck crashes by being aware of special dangers that large trucks pose.

There are many reasons why motorcyclists and drivers of passenger cars should understand and employ precautions when sharing the road with trucks up to 16 times their size. Perhaps the most compelling reason is this: in 70% of car-truck crashes, automobile drivers or their passengers – not truck drivers – are the ones killed.

Extensive research by the FMCSA – including review of thousands of collision reports – indicates four major categories of unsafe driving practices by motorists that contribute to crashes between passenger vehicles and large trucks:

1. Judgment problems, including driving inattentively, distraction from cell phones or conversations, running a stop sign or red light, driving while impaired by alcohol or drugs, failing to turn on headlights, or making an end-run to the right of a turning truck.


2. Speed-related behaviors such as driving too fast for conditions, speeding up to prevent trucks from changing lanes or coming on or off a freeway, and failing to slow down for construction zones or inclement weather conditions.


3. Right-of-way or headway-related behaviors. “Headway” refers to the distance from one vehicle to another approaching vehicle. One example of a dangerous headway-related behavior is following too closely (tailgating), which restricts a truck driver’s visibility and limits reaction time in an emergency. Even more dangerous: turning or crossing in front of an oncoming truck that is likely traveling faster than anticipated, or passing left of the center lane and risking a head-on crash. One FMCSA analysis found that in nearly one out of four car-truck crashes, a passenger vehicle was hit head-on in the truck’s lane.


4. Lane change or lane position problems – for example, pulling into traffic too slowly and not merging quickly, or forcing a truck driver to slam on brakes that, because of the truck’s size and weight, cannot stop in the same distance as a car. Other dangers are changing lanes abruptly in front of a truck and then braking, and driving in the truck driver’s blind spot – the areas immediately behind and to the left and right of the truck.

Consumer safety organizations such as the American Automobile Association and the National Traffic Safety Institute recommend some additional safety guidelines for passenger car drivers on road that are heavily traveled by large trucks.

• Avoid driving for long periods of time next to semi trucks. Driver decisions to change lanes suddenly, or even weather conditions such as wind turbulence, could force a car off the road.


• Maintain a constant speed when passing. It is illegal to exceed the speed limit in order to pass any vehicle. Before pulling back into the lane in front of a truck, make sure you can see the truck cab, or the truck’s headlights, in your rear-view mirror.


• Do not speed up when a truck is trying to pass you. Slow down slightly to make sure that spray or dirt from the truck’s tires doesn’t affect your visibility, and to give the truck adequate time and space to return to your lane.


• Avoid sandwiching your vehicle between two large trucks on multi-lane highways. This puts you squarely into the blind spot no-zones of two truck drivers, either one of which could change lanes and force you into the other.


• Maintain constant vigilance, remembering that big trucks have a longer braking time than you do – especially at high speeds. Time and space are your ally if a truck should lose control.

If a loved one is killed or you or a family member sustains serious injuries in a large truck crash, help is available to sort out your rights and seek justice for your financial and emotional devastation. Truck crash lawyers at Searcy Denney Scarola Barnhart & Shipley have more than 35 years experience handling complicated truck crash cases. Each case is different, but each client receives the same hands-on attention from our attorneys and our staff of investigators and paralegals.

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