Seven of the Most Common Truck Accident Causes
Every 16 minutes, a person is injured or killed in an accident involving a semi truck or tractor trailer. In North Carolina, the number of semi trucks traveling on the state's highways increases every year, and truck accidents on I-40, I-440, I-85 and other interstates are rising as a result. At Nagle & Associates, P.A., we have represented many clients who have suffered serious and fatal injuries in truck and commercial vehicle accidents.
These accidents can occur for a variety of reasons, but seven of the most common truck accident causes include the following:
- Unqualified Drivers:
Semi truck drivers are required to have the necessary qualifications and training to operate semi trucks and tractor trailers. When drivers lack these qualifications and trucking companies fail to enforce the requirements, there is a greater risk of causing serious truck accidents due to driver negligence.
- Unrealistic Schedule and Deadlines:
If trucking companies maintain tight or unrealistic schedules for their trucks, drivers may disobey speed limits and other rules of the road in order to meet their scheduled obligations. When combines with their large size, increased speeds cause even greater damage to other vehicles.
- Driver Fatigue:
In order for drivers to remain alert and responsive, they must take an appropriate amount of breaks and get enough rest and sleep. These rest periods are mandatory under federal law. Unfortunately, drivers often break these rules to meet delivery deadlines. Recent research confirms that 28% of tractor trailer drivers suffer with sleep apnea. Due to long hours and fatigue, they literally fall asleep at the wheel! Violation of the required rest requirements is a common accident cause of accidents, and willful violations can support a claim for punitive damages against the truck driver and the company who left him on the road. You must secure the driver’s trip logs and all supporting documents immediately after the accident to properly prove that driver fatigue was a causative factor in your accident.
- Alcohol and Drugs:
Drivers who drink alcohol or take drugs when performing their duties are more likely to be involved in serous truck accidents. These substances impair the truck driver's physical and mental abilities and decrease the drivers ability to make crucial decisions in the event of an accident. Under federal law, a driver is legally impaired when their blood-alcohol content reaches just .04% (half the level for normal drivers in most states). Further, in all truck accidents involving serous injury or death, the driver must voluntarily secure blood alcohol and drug testing even if the police do not suspect impairment. If we can prove that they failed to submit for this testing, the jury is allowed to presume that the test results would have indicated impairment.
- Loading Vehicles Improperly:
For flatbed trucks and other commercial vehicles, it is important to properly secure heavy loads for transport. For any semi truck, it is necessary for it to be loaded properly, which includes refraining from over-loading the trucks past their maximum capacity. Similarly, uneven or unsecured loads can affect the truck's handling characteristics. A driver has a duty to inspect the load before and during the trip. If the load is sealed, the shipper has the legal obligation to properly secure the load to ensure safe travel.
- Liquid Loads and Hazardous Materials:
Driving tanker trucks with liquid loads and/or hazardous materials requires additional safeguards, and proper loading and maintenance of vehicles. Liquid loads of less than three quarters of maximum capacity can cause the liquid to slosh around during transit, which can destabilize the vehicle and cause very serious accidents. Hazardous materials may leak or spill from the truck, causing dangerous conditions for other drivers and pedestrians.
- Insufficient Maintenance and Inspections:
All semi trucks and commercial vehicles must be inspected before, during and after their trips in order to ensure that the cargo and the truck are secure and safe. Unfortunately, drivers rarely complete a thorough inspection because they are not paid for this part of their journey. Roadside inspections by the North Carolina State patrol's Motor Carrier Enforcement Division often results in violations which order the truck driver to take the truck immediately out of service. Unfortunately, it is common practice for drivers to complete their journey and willfully operate defective, unsafe vehicles. Regular maintenance must also be performed on these heavily used vehicles. Mechanical failure may occur when these actions are not performed. If a mechanical failure occurs, truck drivers often use legal maneuvering to avoid legal liability. If the victim did not secure proper proof of the cause of the accident, and if the true negligent party is not identified and pursued in a timely fashion, the entire case can be lost.
If you have been involved in a serious truck accident in North Carolina as the result of these or other reasons, it is important for you to contact an experienced personal injury attorney to help you recover compensation for your injuries and other damages. Contact a lawyer at Nagle & Associates, P.A., for a free initial consultation by calling us at (800) 411-1583.
