Fault For Large Truck Collisions Can Lie With Many Parties

Tractor-trailer crashes can happen for many reasons. The outcome, though, is often the same: a horrific aftermath that leads to catastrophic and even fatal injuries for unfortunate motorists.

While responsibility for an accident sometimes lies only with the driver of the large truck, other parties can play a role that may not be obvious at first glance. For example, in some cases, the actions or inactions of the trucking company that owns or operates the tractor-trailer may have contributed to the accident; in some cases, a defect or failure in the 18-wheeler may have led to the accident; and, in some cases, the company that loaded the cargo may have played a role. Too many injuries and too many fatalities occur in large truck wrecks.

More than 5,000 died in 2019

According to the National Highway Traffic Safety Administration (NHTSA), an estimated 159,000 people sustained injuries and an additional 5,005 people were killed in collisions involving large trucks. Perhaps most critical, however, is that the data reinforces the unfortunate trend that when a motorist is involved in an accident with a large truck, it is almost always the motorist in the smaller vehicle that is seriously injured or killed.

Of the 5,005 people killed in accidents involving large trucks in 2019, 82% of the individuals were in the smaller vehicle. With only 16 such fatalities in 2019, South Dakota recorded some of the fewest such deaths in the country. In contrast, our neighboring states of Wyoming and North Dakota, both of which have fewer residents, had more fatalities, with 39 and 21, respectively.

Drivers and loading companies

Oftentimes, motorists wonder who is responsible for these crashes. Every crash is different and requires detailed analysis; however, fault for large truck crashes may lie with any or all of the following:

Truck drivers: An inexperienced, unqualified, or careless truck driver may cause unintended danger on the road. Also, it should be kept in mind that truck drivers often work long hours and have tight deadlines to deliver their load, which, sadly, can sometimes result in drivers being fatigued. Other drivers may ignore traffic laws, engage in distracted driving, or, in the worst case, decide to get on the road while impaired by alcohol or controlled substances.
Transportation companies: Trucking companies have separate obligations when it comes to hiring drivers. For example, if they are a commercial motor carrier, they must: (i) have the prospective driver complete and sign a written application; (ii) investigate the prospective driver’s prior safety history (and document doing so); (iii) secure copies of the prospective driver’s motor vehicle record from each State in which he/she has held a license in the past 3 years (and secure updated information annually); (iv) require the prospective driver to list all motor vehicle violations during the prior 12 month period; (v) have the prospective driver complete a road test; (vi) have the prospective driver pass a medical examination; and (vii) inquire regarding any previous pre-employment drug or alcohol test. Then, once hired, a trucking company needs to ensure that the driver receives proper and thorough training. If a trucking company fails to adhere to such hiring processes, or fails to properly train the driver before putting him/her on the road, the result can be an unqualified driver operating a large truck which can, in turn, result in a serious accident.
Truck maintenance companies: A trucking company is only as good as its individual trucks and trailers. Properly maintained and safe trucks and trailers are the product of (i) routine inspection and maintenance and (ii) maintenance and repairs performed by qualified mechanics. Failures in these regards often result in a problem occurring while the large tractor-trailer is traveling down the road–and the result is often catastrophic.
Truck manufacturers: Although truck manufacturers strive to produce safe trucks (and parts for trucks), a defective design or manufacture of a truck component can also be an underlying cause of an accident involving a large truck.
Cargo-loading companies: Trucks are often loaded and unloaded by someone other than the operator (i.e., third parties). If a trailer is loaded improperly, the contents may shift during transport, which, in turn, can affect the driver’s ability to control the tractor-trailer or, in some cases, result in the trailer overturning.

Given the size and significant weight of tractor-trailers, the odds of injury or death in a large truck collision are far greater for drivers and passengers of other smaller vehicles. Sadly, many of these types of accidents–which often result in life-altering injuries–could have been prevented had the driver or trucking company simply followed the law and used due care.

Where Are Truck Accidents Most Likely to Happen?

Every day, 18-wheelers (also called tractor-trailers, semis, or trucks) travel thousands of miles throughout South Dakota. Whether they are hauling cargo, equipment, fuel, hay, or cattle, these trucks are traveling on the Interstate, one of South Dakota’s many rural highways, or a busy urban street. As such, these trucks share the road with cars, pickups, motorcycles, campers, and buses.

Unfortunately, when there is a crash, the drivers and passengers in smaller vehicles often bear the brunt of the collision. Knowing where and when these types of accidents often happen is helpful so that motorists can pay extra attention to protect themselves and avoid getting hurt or worse.

When and where truck accidents often occur

According to statistics from the Federal Motor Carrier Safety Administration, truck crashes are more likely to happen:

In rural areas (for fatal truck crashes);
On weekdays;
During the daytime; and
In clear weather.

In other words, despite what you might have thought, the risk of being involved in a collision with a truck that is fatal is not necessarily the greatest in areas of traffic congestion or during bad weather. Instead, these accidents often occur in rural, less congested areas and during daytime hours.

Staying safe around trucks

When you are sharing the road with an 18-wheeler, there are several precautions you can take to lessen the chances of being involved in a collision. Such measures can include:

Leaving plenty of space between you and trucks;
Making yourself visible to trucks by staying out of their blind spots;
Using extreme caution when passing trucks, particularly on a two-lane road;
Obeying the speed limit;
Watching for, and driving defensively around, trucks that appear to be swerving or moving around within their lanes, or drifting out of their lanes;
Putting away any distractions;
Pulling over if you start to feel tired;
Wearing your seat belt;
Ensuring that your vehicle is in good operating condition;
Scanning the road in front of you and paying attention to trucks—as well as other vehicles; and
Being extra careful when driving in inclement weather, including reducing your speed as appropriate.

These measures can protect you even if the people around you have not taken the same steps to avoid an accident with a truck.

The unfortunate truth is that we cannot prevent every crash by our own actions. This is because truck drivers—and other users of the road—make decisions that can affect us.

Given the differences in the weights and sizes of the vehicles, collisions with 18-wheelers often result in catastrophic injuries or death to the occupants of cars and pickups. If a truck driver’s negligent operation of a truck (or a trucking company’s failure to maintain its truck), results in injury or death, injured motorists and their families should know that they have the right to hold the truck driver and/or the trucking company accountable for the injuries and damages they caused. If you or a loved one is involved in a collision with a truck, feel free to call the attorneys at Thomas Braun Bernard & Burke, LLP. They have significant experience with cases involving 18-wheelers. In fact, one of their attorneys, John W. Burke, has a Commercial Driver’s License and has driven 18-wheelers, giving him unique insight into the expected practices and conduct of truck drivers.

Crashes With Tractor-Trailers Often Result in Severe Injuries

In late January, a woman died after a tractor-trailer crossed the center line of Interstate 90 in Rapid City and collided with her SUV. The Associated Press did not include many additional details in its news article about the crash, but noted that the truck driver may be charged in relation to the incident.

Unfortunately, deaths and serious injuries are common results of crashes between tractor-trailers and passenger vehicles. Over 4,400 large trucks and buses were involved in fatal crashes in 2016, and the occupants of passenger vehicles account for eight out of every 10 people killed in crashes involving large trucks, according to the Federal Motor Carrier Safety Administration (FMCSA).

What causes tractor-trailer crashes?

Often, tractor-trailer crashes are caused by the negligence of a truck driver. It is unclear why the truck driver in Rapid City crossed the center line, but similar cases have involved truck drivers who fell asleep at the wheel, who were texting and driving or who were driving drunk. Truck drivers may also cause crashes by not completing safety checks, not properly securing their load or otherwise cutting corners on safety protocols.

However, there have also been times when the actions of other drivers have caused crashes involving tractor-trailers. This can happen when passenger vehicles linger in the large blind spots tractor-trailers have. It can also happen when a driver cuts off a tractor-trailer or gets in the path of a tractor-trailer as it is turning. Often drivers make these mistakes because they do not understand the operating limitations of these large vehicles.

Safely share the road with tractor-trailers

When you share the road with tractor-trailers, remember that tractor-trailers have large blind spots on all four sides. If you cannot see the driver’s face in the truck’s mirror, the driver probably cannot see you. In general, it is good to leave plenty of space between your vehicle and a tractor-trailer.

If you must pass a tractor-trailer, make your intentions clear by using your turn signal, pass on the driver’s side and allow plenty of space between you and the tractor-trailer before merging in front of it. Keep in mind that tractor-trailers require much more space to come to a complete stop than passenger vehicles require.

You can also anticipate that large vehicles will need extra space when completing a turn. Never get between a turning tractor-trailer and the curb, and avoid stopping in front of the stop line. These actions will help keep you out of the path of turning vehicles.

All drivers have a responsibility to safely share the road. However, crashes involving tractor-trailers can be especially dangerous, and often, drivers who are injured in this type of crash are able to seek compensation for their medical expenses.