Large-Truck Accidents and Liability

October 09, 2010

According to truckinjuries.com, one out of every eight traffic-related deaths involves large commercial trucks. The number of fatal crashes rose by ten percent in a recent ten-year period. Since trucks are both larger and heavier than other vehicles on the road, drivers and passengers of smaller vehicles such as cars, SUVs and motorcycles account for 77 percent of those injured and 86 percent of those killed in collisions involving large trucks.

Large-Truck Crash Causation Study (LTCCS)

The National Highway Traffic Safety Administration (NHTSA) and Federal Motor Carrier Safety Administration (FMCSA) conducted the Large-Truck Crash Causation Study (LTCCS) to examine the reasons for serious crashes involving large trucks. The data collection project represented the first national study to determine the reasons and factors contributing to serious large-truck crashes. The study was designed to assist United States Department of Transportation agencies in designing programs, rules and regulations to reduce the number of serious large-truck crashes.

Researchers examined a nationally representative sample of large-truck crashes occurring from April 1, 2001, through December 31, 2003, and collected information for approximately 1,000 variables. According to NHTSA's estimate, there were approximately 120,000 fatal and injury crashes nationwide during the 33-month sampling period that involved at least one large truck and 141,000 large trucks were involved in those crashes. Researchers assigned each of the 963 LTCCS study cases applied a sampling weight in order to arrive at national estimates of total fatal and injury crashes.

Causes of Large Truck Accidents

According to the FMCSA, crash reconstruction experts rarely conclude that crashes are the result of a single factor. While driver-related factors such as fatigue, consumption of alcohol and speeding are often major factors in crashes, other factors may contribute as well. Environmental and vehicle-related factors can also increase the likelihood of a crash occurrence.

Of the many variables coded in the LTCCS, one of the three keys to assessing crash risk was the critical event. Critical event was defined as the action or event that put the vehicle or vehicles on a course that made the collision unavoidable. Three major types of critical events were assigned to large trucks:
- Running out of the traffic lane, into another lane or off the road (32 percent of the large trucks in the LTCCS sample were assigned this critical event
- Loss of control of the vehicle due to traveling too fast for the conditions, cargo shift, vehicle system failure, poor road conditions or other reasons (29 percent)
- Rear-ending another vehicle in the truck's travel lane (22 percent)

Vehicle-Associated Critical Reasons

Many of these events appear to be attributable to unintended driver error. However, examination of another key variable examined in the LTCCS, critical reason, is enlightening. Critical reason is defined as the immediate reason for the critical event.

Of the large trucks involved in crashes with a passenger vehicle, 44 percent of the trucks were assigned the critical reason for the collision. Vehicle-associated reasons made up 10 percent of all critical reasons. The 87 percent of driver-associated critical reasons also included the driver falling asleep, being inattentive, driving too fast or following other vehicles too closely.

Environmental factors accounted for a mere three percent of critical reasons.

Associated factors included and were present in the following percent of crashes:
- Brake problems (29 percent)
- Traveling too fast for conditions (23 percent)
- Over-the-counter drug use (17 percent)
- Driver fatigue (13 percent)
- Felt under pressure from carrier (10 percent)
- Tire problems (6 percent)
- Cargo shift (4 percent)
- Prescription drug use (2 percent)
- Alcohol consumption (1 percent)

Victim Rights

Carriers under pressure to cut costs or ship faster may not take even simple steps that could minimize or reduce risk of many of these factors, including timely truck inspections and proper truck maintenance. Truck companies may not allot enough time for loading to stop preventable cargo shift.

Additionally, trucking companies may schedule drivers and vehicles too heavily, leading to increases in driver error and vehicle failure. The results are daunting; the study estimated that two-vehicle accidents between one truck and one passenger vehicle result in more than 23,600 non-incapacitating injuries, 22,507 incapacitating injuries, and 4,842 deaths.

Victims of accidents involving a large truck should discuss the accident with an experienced personal injury trucking accident attorney who regularly handles truck accidents and commercial vehicle collisions to determine whether the carrier or driver may be liable for damages. An attorney familiar with truck and automobile collision litigation can also help assess your damages and seek all potential sources of recovery. An attorney cannot undo the accident but may be able to get the injured party compensation for medical bills, lost wages, pain and suffering, and other damages.

Article provided by Joyce & Bittner
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