Accidents involving commercial vehicles have become an epidemic in the U.S. as more and more commercial vehicles are put on the roads. If you or a loved one is involved in an accident with a commercial motor vehicle, 18 wheeler, or bus, it is important that you consult with a law firm that understands issues unique to these types of cases.

At the Law Office of Robert S. Hogan, we are experienced in handling accidents involving commercial motor vehicles, including trucks and buses. Commercial motor vehicle accidents are very often more serious, and more complex from a legal standpoint, than other auto accidents.

How are truck accidents different than car accidents?

Car accidents and truck accidents share many similarities. Either may be caused by factors like speeding, reckless driving or failing to keep a proper look-out for other vehicles on the roadway. But certain conditions inherent in the driving of a truck make truck accidents different from other vehicle collisions.

Stopping distance, maneuvering distance, and visibility are vastly different between cars and trucks. The additional time required to slow or stop a large truck impacts the speed at which the truck may be safely driven and the awareness the truck driver must have for the condition of traffic on the roadway.

Driver qualification, vehicle maintenance, and regulation are also different between cars and commercial vehicles. Trucks require more frequent maintenance due to the greater distances they drive, and differences in equipment durability and usage. More wear-and-tear also means that inspections must be done more frequently to assure that everything is in working order.

How is truck driver conduct regulated?

Due to their size, weight, and the distances and conditions they are driven under, semi trucks are regulated by the State and Federal Government. Truck drivers are often taught certain driving skills so that they may appropriately respond to various traffic conditions. The focus of this education is improved safety management, preventative maintenance and defensive driving. The training addresses negotiating curves, passing, turning left and right, crossing intersections, using and changing lanes and pedestrian interaction. Whether the appropriate actions were taken by the driver of a truck involved in an accident must be evaluated on a case by case basis.

Federal regulations require specific driver documentation and conduct. Preventative maintenance and inspection, driver documentation, brake performance, tire inflation, tire wear and deterioration, wheel retention and deterioration, steering system performance, full trailer coupling, vehicle lighting and conspicuity, pay load characteristics and cargo procurement are all specifically regulated. The conduct of the driver, condition of his vehicle and the circumstances surrounding the collision must be promptly reviewed and evaluated to determine whether the truck driver’s conduct conforms with the applicable rules.

Who may be responsible for the injuries suffered as the result of a truck driver’s negligence?

If the driver of the truck was negligent and his negligence caused you injury, he may be liable for the damages you suffered. The truck driver’s employer and in some cases the entity which leases the vehicle may also be liable for the negligent conduct of a truck driver. The terms of the lease and the nature of the relationship between the driver and the party that retained and compensates him must be examined to determine their potential liability.

What if the truck accident occurred because the truck wasn’t properly loaded?

Federal safety regulations impose a duty on a carrier to secure the load safely. Different types of loads have their own requirements for being properly secured. A trucking company is not liable for defects which are not apparent upon a reasonable inspection of the load. The company is also not liable for sealed loads. However, a shipper may be liable where it improperly loaded its own truck, its employees negligently instructed the truck driver on the manner in which the cargo should be secured or if the truck driver was given false assurances as to the safety of the load. It is important to determine the identity of the party involved in loading the trailer if it is suspected that the cargo was not appropriately loaded. The circumstances surrounding the loading of the vehicle and the identity of those involved in the loading should be determined as quickly as possible after the accident occurs.

What if the truck driver was not qualified to drive the truck involved in the accident?

The incompetence of a truck driver may result in liability for the company who hired him. The concern is whether the employer exercised “reasonable care” in hiring or retaining the driver. Did the employer make a reasonable investigation of the driver? What did the employer know or what should he have been known prior to hiring the truck driver? Federal regulations require a reasonable investigation of a driver’s qualifications at the time the driver is hired. The regulations require that the driver must be able to do the following:

• safely operate the type of motor vehicle he drives
• determine whether the cargo he transports has been properly located
• determine whether the cargo he transports has been appropriately secured
• is familiar with the methods and procedures for securing cargo
• is physically qualified to drive a motor vehicle
• has a valid commercial motor vehicle operator’s license
• has prepared and furnished the motor carrier that employs him with a list of violations of the motor vehicle traffic laws and ordinances which the driver has been convicted of within the preceding 12 months
• has successfully completed a driver’s road test
• has completed and furnished the motor carrier that employs him with an application for employment

The failure to comply with federal regulations may be evidence that a “reasonable investigation” was not performed and may give rise to an independent basis of liability against the employer. Whether the truck driver who caused your loss was qualified must be evaluated based upon the facts surrounding your collision.

What if the accident was caused by truck driver fatigue?

Driver fatigue and lack of sleep is the number one cause of truck crashes, a greater danger than either alcohol or drugs, according to studies of the National Transportation Safety Board. It is estimated by the U.S. National Highway Traffic Safety Administration that driver fatigue may be responsible for as many as 240,000 motor vehicle accidents in the U.S. annually. If the fatigue of a driver causes him to weave or fall asleep at the wheel, both he and his employer may be held liable for the personal injuries and damages which result.

Driver fatigue which causes an accident may be the fault of the driver’s employer under certain circumstances. In determining whether an employer contributed to the driver fatigue the following may be considered:

1. Did the trucking company properly monitor the driver?
2. Was a driver ordered to continue driving despite complaints made to a company dispatcher that he was too tired to continue?
3. Was the truck driver required to meet a time schedule for the delivery of shipments that required driving beyond federal limits?
4. Did the company fail to consider driver fatigue in scheduling load delivery?

Driving while fatigued is dangerous and is a violation of federal regulations. Careful evaluation of the circumstances surrounding a collision may reveal that driver fatigue played a role in the accident.

Do truck drivers have to carry liability insurance?

The Federal Motor Carrier Safety Administration regulates the amount of insurance a carrier must maintain. For vehicles weighing more than 10,000 pounds and hauling only non-hazardous materials, minimum liability coverage of $750,000.00 is required. If hauling hazardous materials, the required minimum liability coverage increases to between $1,000,000.00 and $5,000,000.00 depending upon the type of material transported.