Trucking Accidents: Safety First or Last?

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

Despite Federal regulations for truck safety, cutting costs by violating the rules remains a relatively sound strategy for trucking companies. This is especially true 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 there may be as many as 200,000 unsafe trucks still on U.S. highways. Yet the chances of getting caught are minimal; less than one percent of all trucks are involved in inspections by the Commercial Vehicle Safety Alliance.
  
  
• 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 U.S. Government Accounting Office, more than 1,000 trucking 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 withstand insurance payoffs to victims than to spend the 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.
  
  
• Adhere to federal and state inspection schedules and maintenance requirements, making sure that truck fleets are in good repair before they hit the road.
  
  
• Correct within the allowable time frame any vehicle or equipment safety noncompliance problems identified by regulatory authorities in roadside inspections.
  
  
• Oppose self-serving proposals to increase the size and weight of trucks – which would increase deaths and injuries as well as damage to roads and bridges.
  
  
• Stop forcing drivers to carry too-heavy loads and to meet impossible delivery schedules; this combination of overloaded trucks, speed and driver fatigue is a lethal one.
  
  
• Oppose dangerous proposals to increase the hours that truck drivers can drive – which would increase drivers’ risk of sleep deprivation-related crashes.
  
  
• Help educate the public about the dangers of large trucks and the safety measures other motorists can take to prevent truck crashes.
  
  
• Join motor vehicle safety advocates in pushing Congress to adopt stronger truck safety measures. Says Gerie Voss of the American Association for Justice, “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 beginning to take 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 improving 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.

However, the major trucking companies, their highly-paid lobbyists and their powerful membership groups are solidly behind proposals to increase the size and weight of commercial trucks. Both the American Trucking Associations and the National Industrial Transportation League strongly oppose attempts to cap federal size and weight limits on heavy trucks. In an especially callous statement, NITL Highway Committee Chairman Wayne Johnson says, “We support productivity on the highways of one type or another – size, weight or both.”

One trucking organization, the Owner-Operator Independent Drivers Association, has stood up bravely to proponents of larger, heavier trucks, pointing out that bigger trucks fly in the face of common sense safety and cause dangerous and expensive infrastructure damage.

Truck driver error is responsible for a majority of large truck crashes where the truck was the causative factor. Truck drivers also must take responsibility for making the highways safe for everyone.

Many truck drivers log thousands of miles, and hours, without incident. It’s a good thing, because a safety lapse endangers not only the truck driver, but, more often, the lives of innocent motorists, passengers, and pedestrians.

Here are some safety guidelines for truck drivers, recommended by 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 accordance with hours of service rules.
  
  
• Even if your carrier adheres to equipment and maintenance requirements, check your truck carefully before you get behind the wheel. Be sure to check fluids and investigate leaks, and see that tires are in good condition to prevent dangerous blowouts. Brake failure is one of the leading causes of large truck crashes, so brake inspection is especially critical.
  
  
• Make sure that your 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 before you leave.
  
  
• Fasten your seat belt. While all drivers of commercial vehicles are required to wear seat belts, a 2007 study found that compliance by truck drivers is about 20% lower than among drivers of cars. Buckling up is not only the law, it’s a smart move. The size and weight of a large truck provides no protection when the driver is thrown around, or out, in a crash.
  
  
• Watch out for your blind spots by adjusting mirrors and watching for vehicles in the “no-zone.” This is especially important when trying to change lanes or pass another vehicle.
  
  
• Become a defensive driver, not an aggressive driver. Maintain a safe speed, keep your distance behind other vehicles, slow down for construction and inclement weather conditions, and anticipate situations where it may take you longer to brake.
  
  
• Be prepared for the unexpected: icy roads or snow, extremely hot weather, detours or sudden road hazards, or inaccessibility to rest stops or food.
  
  
• Avoid the “minor” distractions that can become major if they lead to a crash. Limit incoming and outgoing cell phone calls, don’t fiddle with the radio and CD player, and do not be distracted by other motorists or signs and scenery along your route. Do not be tempted to pick up hitchhikers, who could be distracting or even dangerous.

  In its report on the study of Driver Distraction in Commercial Operations, the FMCSA made specific recommendations placing responsibility on fleet safety managers. The agency advised trucking companies to educate drivers about the dangers of using distracting devices such as calculators; using dispatching devices while driving; manually dialing cell phones while driving; reading, writing, or looking at maps while driving; talking on cell phones or CB radios; and glancing away from the road in order to adjust panel controls.
  

• Do your part to prevent crashes 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.  

The National Traffic Safety Institute reports that in more than 60% of fatal collisions between a car and a large truck, the automobile operator 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 drivers of passenger cars should understand and employ additional safety precautions when sharing the road with trucks up to 16 times their size. Not the least of the reasons is this: in 80% of car-truck crashes, automobile drivers or their passengers – not truck drivers – are killed.

Organizations such as the American Automobile Association and the National Traffic Safety Institute recommend these safety guidelines:

• 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.
  
  
• Passing a large truck can be tricky, and will take longer than passing a smaller vehicle. Maintain a constant speed when passing; it is against the law 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.
  
  
• When a truck is making a right-hand turn, don’t move your car to the right, into the truck driver’s blind spot or no-zone. The no-zones are to the side, rear, and front of the vehicle. If the driver can’t see you, it is possible the truck could drive into, or even over, your automobile.
  
  
• 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 30 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.

Please fill out our Contact Form, or call us to learn more and arrange a confidential free consultation.