Truck Accidents

Tractor trailers are involved in over 450,000.00 accidents per year resulting in over 100,000 injuries and 4,500 deaths. Truck accidents share some characteristics of car accidents but also have their own set of issues and concerns. Issues including driver fatigue, the manner in which the truck or trailer was loaded, the condition of the roadway and the weather at the time the collision must be considered. This section addresses some of the issues unique to truck accident cases, the regulation of truck drivers and the concerns a lawyer must have when evaluating a truck accident case.

Was the Driver Qualified?

The United States code sets certain minimum standards an employer must follow when hiring a new truck driver. The potential employer must contact the employer who employed the driver during the preceding three years to obtain the general employment file, information regarding accidents and any information regarding the driver’s drug/alcohol use or rehabilitation. The employer may be responsible for an accident if an unqualified driver was hired and an inadequate examination of the driver’s history was undertaken.

Part of the hiring process involves a physical examination of the driver by a qualified medical professional. The driver must undergo a physical examination to determine whether he is fit to operate a commercial vehicle. The Department of Transportation requires that truck drivers have a physical exam every two years to renew their license. A driver with a chronic medical condition may be allowed to drive if he is able to provide evidence that he is capable of driving a tractor trailer. No discretion is provided to a medical examiner to certify someone with significant vision, hearing, insulin dependent diabetes or epilepsy to operate a truck. If a driver has a significant medical condition which impairs his ability to operate a truck the employer may bear fault for an accident caused by the condition which the employer knew or should have known of. The steps taken by the employer in this regard must be evaluated if there is concern that a medical condition made operation of the vehicle dangerous for the public.

The Code of Federal Regulations requires that certain drivers have a commercial driver’s license to operate a vehicle. A commercial driver’s license is required if the vehicle weighs more than 26,000 pounds, is designed to carry more than 16 passengers including the driver or is used to transport hazardous materials. The licensure of the driver involved in an accident should be investigated.

Truck drivers must be at least 21 years old (18 in Florida), speak English and be physically able to safely drive the truck. The driver must have a commercial driver’s license (depending upon the load), and must not have been disqualified for driving under the influence of alcohol or refusing to take an alcohol test. The physical qualifications outlined above must also be met. The driver must also pass a road test using the same type of vehicle they will operate.

What Driver Conduct is Prohibited? 

The Code of Federal Regulations details prohibited conduct of a truck driver. This includes coming to work with a blood alcohol concentration of .02 or greater, possessing alcohol unless it is part of a shipment, consuming alcohol while performing safety-sensitive functions, drinking alcohol within eight hours preceding an accident or until after being tested, reporting for duty while using any drug that affects his ability to operate a motor vehicle safely and refusing to submit to any Department of Transportation mandated alcohol or drug test. 49 CFR 382.201-382.211.

Drivers are required to take a drug or alcohol test at the commencement of their employment. Drivers may also be randomly tested pursuant to the employer’s drug program. Department of Transportation requires drug and alcohol testing after any accident involving a fatality, when the driver receives a moving violation or if there is a reasonable suspicion that the driver is under the influence of alcohol or drugs.

Was the Truck Properly Loaded?

A driver may not operate a commercial motor vehicle the motor carrier may not require or permit a driver to operate a commercial motor vehicle unless the cargo is properly distributed and adequately secured. The commercial motor vehicle’s tailgate, tailboard, doors, tarpaulins, spare tire and other equipment used in its operation must also be secured.

The driver of the truck and truck tractor must assure himself that the cargo is properly distributed and secured. The cargo must be inspected within the first 50 miles after beginning the trip to determine whether any adjustments should be made to the cargo including using additional securement devices so that the cargo does not shift within the commercial motor vehicle. A reexamination of the cargo must also be performed by the driver with any change in his duty status, when the truck has been driven for 3 hours or the truck has been driven for 150 miles, whichever occurs first.

It is also important to determine the identity of the party involved in loading the trailer if it is expected that the cargo is not appropriately loaded. The trucking company is not liable for defects which are not apparent on a reasonable inspection of the load. The trucking company is also not liable for sealed load. The circumstances surrounding the loading and the identity of those involved in the loading should be determined as quickly as possible after an accident occurs.

Was the Truck Properly Inspected?

Every motor carrier must systematically inspect, repair and maintain or cause to be systematically inspected, repaired and maintained all motor vehicles subject to its control. Parts and accessories must be in safe and proper operating condition at all times. A truck must not be operated in such a condition as to likely cause an accident or break-down of the vehicle.

Truck drivers are required to report on the condition of the vehicle at the beginning and end of each day. This includes review of the service brakes including the trailer brake connection, steering mechanism, lighting devices and reflectors, tires, horn, windshield wipers, mirrors, coupling devices, wheels and rims as well as emergency equipment. Any defect or deficiency noted in the Driver’s Vehicle Inspection Report which would likely reflect the safety of operation of the vehicle must be repaired.

Was the Driver Fatigued?

Driver fatigue is oftentimes a critical issue which must be evaluated following a truck accident. Anywhere from 20% to over 50% of the crashes involving large trucks involve fatigue according to a National Transportation Safety Board study. Section 392.3 of the Code of Federal Regulations provides that:

“no driver shall operate a commercial motor vehicle, and a motor carrier shall not require a permitted driver to operate a commercial motor vehicle while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness or any other cause as to make it unsafe for him/her to begin or continue to operate the commercial motor
vehicle.”

Given the concern of the impact that fatigued truck drivers may have upon those on the roadway, specific regulations have been established to govern the amount of time a driver may spend behind the wheel. A truck driver must not drive for more than 11 accumulative hours following 10 consecutive hours off duty. Each driver may not be required to drive more than 60 hours in any 7 consecutive days. A driver may not drive if he has been on duty 70 hours in any period of 8 consecutive days. A driver is working or “on-duty” when operating the truck or loading or unloading the truck, inspecting the truck or spending any other time in the truck other than time spent resting in a sleeper. Repairing the vehicle or securing assistance to repair the vehicle is considered “on-duty.”

The rules noted above are modified if a driver is confronted by hazardous weather conditions including rain, snow, fog or unusual road and traffic conditions. In that circumstance, a driver can drive up to two hours longer than the regulations allow if he typically would have completed the run in no longer than 10 hours of driving.

Following a truck accident there is a substantial amount of documentation which must be reviewed to determine whether driver fatigue played a role in the accident. The following documentation may provide information in this regard:

The driver’s log which records the week or weeks preceding the accident;

• Bills of lading;
• Toll receipts;
• Fuel and expense receipts;
• Dispatch tickets;
• Routing instructions;
• Delivery receipts;
• Statements of witnesses;
• Statements of the driver at the scene.

In determining whether an employer contributed to the driver fatigue the following may be considered:

•  Did the trucking company properly monitor the driver?
•  Were drivers ordered to continue driving notwithstanding complaints made to a company dispatcher that he was too tired to continue?
•  Was the truck driver required to meet a time schedule for the delivery of shipments that require driving beyond federal limits?
•  Did the company fail to consider driver fatigue in scheduling load delivery?

Driving while fatigued is a violation of federal regulations and may be evidence of negligence.

The issue of driver fatigue and whether the specific provisions which govern the amount of time a driver may spend behind the wheel must be evaluated following a truck accident. It is one of the critical issues, which distinguishes a car accident from a truck accident. The Federal Regulations help define whether the driver’s conduct was appropriate which can be a critical factor in establishing the liability of the driver and potentially the employer.

How is truck driver fatigue established?

The driver may admit to police or witnesses that he is fatigued. Such statements may be reflected in the Traffic Crash Report completed by police at the scene. A driver may also make a similar statement to the dispatcher. A driver may appear fatigued when observed by police or other witnesses. Review of the truck driver’s log may also be useful in establishing the amount of time on the roadway and to assess the likelihood of fatigue. Motor Carrier Safety Regulations regulate the permitted hours of service and require the driver to keep a log of their “duty status.”

A wide range of sources must be analyzed to determine whether driver fatigue is a factor in causing an accident. It is important that you involve a lawyer in this process to speak with the witnesses to the collision, review the driver’s log, obtain records associated with the maintenance of the vehicle, review the materials associated with the hiring of the driver
and evaluate the potential avenues of recovery that are available.

Was the truck insured?

The amount of insurance coverage available will oftentimes limit the amount available to the victim of a car accident. This is less often an issue when the accident involves a tractor trailer. The U.S. Code addresses the required insurance coverage for leased motor vehicles. The minimum level of coverage for non-hazardous, commercial carriers is $750,000.00. Commercial carriers hauling hazardous materials must carry coverage ranging from $1,000,000 to $5,000,000. What information can be helpful in proving an injured plaintiff’s claim?

Substantial materials may be available to prove the plaintiff’s claim that the conduct of the driver or his employer caused the accident suffered by the plaintiff. Theories of liability include the hiring of an unqualified driver, failing to determine that the driver was unqualified and that the driver’s conduct was negligent. The following documents can be helpful in assessing the conduct of the defendant:

The electronic control module – most trucks manufactured since 1994 include a micro-processor which records the details of operation of the vehicle;

The ECM will typically detail distance, driving time, speed limit and other details of vehicle operation;

Global positioning system can detail the route of travel of a commercial vehicle as well as the distance traveled and average speed. It is often used by dispatches to monitor the driver’s location on a given
route.

• The driver’s employment file;
• The lease for the tractor trailer;
• The driver’s employment application;
• The driver’s driving history;
• The driver’s medical records;
• The maintenance record for the truck;
• The accident history of the owner or lessor of the truck;
• Vehicle inspection reports;
• Bills of lading;
• Toll receipts;
• Repair bills;
• Weight bills;
• Fuel and expense receipts;
• Dispatch tickets;
• Routing instructions;
• Delivery receipts;
• Scale receipts;
• Load diagrams.