Causes of Truck Accidents

Being involved in a traffic collision is a frightening experience, and when it involves large trucks, it can become overwhelming quickly. Many causes of truck accidents involve multiple parties of liability and sophisticated evidence, making these cases considerably time-consuming and complex.

Speak to a truck accident lawyer to understand and be relieved of the process. An experienced attorney will identify all causes and liable insurers and demand fair compensation for your injuries and damages.

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The study also determined that ten percent of large truck accidents are related to vehicle issues, such as vehicle system failure (brakes) and cargo shifts, and three percent are due to environmental roadway factors. The most common causes of truck accidents are as follows:

Distracted Driving

Distracted driving can include three types of driver distraction: visual, manual, and cognitive. Visual distractions involve taking eyes off the road. Manual distractions require motorists to remove their hands from the wheel. Cognitive distractions happen when a driver takes their mind off driving. Standard types of distracted driving are as follows:

• Using smartphones to talk, text, or scroll social media
• Adjusting truck controls, like radio and climate controls
• Looking at events outside of the truck 
• Moving objects in the cab of the truck, such as permitted dogs
• Reaching for items in the cab of the truck
• Eating, drinking, or smoking
• Inattention

Distracted driving is a growing threat and a leading cause of truck accidents. Young drivers are at a higher risk of causing accidents due to distracted driving. As more and more veteran truckers retire, younger, inexperienced drivers replace them. 

Drunk and Impaired Driving

Driving while under the influence of over-the-counter medications is a leading cause of impaired driving. The large truck crash study also determined it was a factor in 17 percent of collisions. Other types of impaired driving involve:

• Drunk driving
• Driving while under the influence of prescription medications
• Driving while under the influence of illegal drugs
• Drowsy or fatigued driving

A medical condition affecting your driving is considered another form of impairment. For example, semi-truck collisions caused by a driver suffering from a seizure or heart attack qualify as impaired.

Aggressive or Reckless Driving

Despite the responsibility to exercise safe driving with big rigs, truck drivers are human. That means there is room for error, including driving aggressively or recklessly. Typical examples of aggressive and reckless driving responsible for causing truck accidents are as follows:

• Speeding
• Tailgating (following other vehicles too closely)
• Illegal passing
• Cutting off other motorists
• Driving on the shoulder
• Erratic and sudden lane changes
• Blocking cars at entrances or lanes
• Road rage

Truckers have a reasonable duty of care to exercise extreme caution and safety on the road regarding other motorists. If the cause of your truck accident was a trucker’s aggressive or reckless driving, contact a truck accident attorney immediately.

Inexperienced Drivers

Inexperienced drivers are at higher risk for causing truck accidents. They often lack the necessary skills and training to handle unforeseen or unexpected situations on the road. Inexperienced drivers are more prone to panic and exercise poor directional control with their tractor-trailers.

Failure to Check Blind Spots

Unsafe lane changes and merges caused by truck drivers failing to check their blind spots are leading causes of truck accidents. Truckers fail to check blind spots due to factors such as improper mirror adjustments, the large size of tractor-trailers creating extensive blind spots, improper scanning of surroundings, and a lack of awareness about the severity of big rig blind spots.

Poor Weather and Dangerous Road Conditions

Poor weather and dangerous road conditions make maneuvering semi-trucks more challenging, leading to collisions. Examples of poor weather and road conditions that cause truck accidents include:

• Icy roads and snow
• Heavy fog causing poor visibility
• Heavy rain causing poor visibility
• Large or deep potholes
• Poorly maintained road surfaces and edges
• Improper drainage—causing standing water on the road
• Inadequate road signage or malfunctioning traffic lights
• Poorly designed roads with sharp turns, narrow roadways, and one-way bridges

Truck accidents caused by poor weather and dangerous road conditions tend to be more complicated. Consult an experienced truck accident attorney to investigate and cement liability for your injuries and damages. You shouldn’t have to absorb any costs, especially when the collision wasn’t your fault.

Unfamiliar Roadways

Truckers unfamiliar with roads or routes are another significant cause of truck accidents. Unfamiliarity with surroundings can cause heightened panic and poor decision-making, leading to dangerous maneuvering of tractor-trailers.

Improperly Loaded Cargo

Improperly loaded cargo can cause dangerous cargo shifts while a trucker is driving. It may entail insufficient securing and unbalanced weight distribution, leading to truck accidents, including rollovers and jackknifing (when the tractor-trailer folds onto the cab, forming a V-shape). Improperly loading cargo, such as hazardous materials, poses significant consequences and potential damages.

Truck Equipment Failure

Defective semi-trucks or truck parts are other serious causes of truck accidents. Failure to properly inspect and maintain trucks may lead to system failures, including brakes, steering, and suspension. Defective or poorly maintained tires may also cause collisions.

Negligent Hiring Practices

Negligent hiring practices can put inadequate and dangerous drivers behind big wheels on the road. Examples of typical negligent hiring practices involve:

• Failing to conduct proper background checks on the trucker’s employment history and driving record 
• Failing to verify a truck driver’s required licensure and qualifications
• Failing to properly train on company policies, safety protocols, and truck operation
• Failing to require drivers to complete mandated driving tests 
• Ignoring red flags, such as a history of aggressive or drunk driving 

Failing to properly drug and alcohol test new hires or random test existing hires is a negligent hiring practice that results in impaired driving, causing truck accidents. Truck drivers and truck companies have a duty to exercise a higher standard of reasonable care to ensure the safety of other motorists on the road with their 18-wheelers. If the cause of your truck accident involved drunk or impaired driving, speak to an attorney right away.

Who Is Liable for Damages in a Truck Accident?

Liability can be more involved with truck accidents due to the nature of multiple liability. Your attorney will investigate all possible avenues of liability. Individually or together in varying combinations, these are the parties that may be held liable in a truck accident case:

• Truck Drivers: Drivers are generally responsible because they directly control the truck and make critical vehicle maneuvering decisions. 
• Trucking Companies: Employers are liable for properly inspecting and maintaining trucks, hiring qualified truckers, and enforcing safety regulations, like a driver’s hours of service (HOS). 
• Truck Manufacturers: If a defective 18-wheeler or its parts cause a truck accident, the manufacturer of the defective truck or truck part may be liable for damages. 
• Truck Cargo Loaders: If improper loading and securing of cargo are found to cause your truck accident, the cargo loaders and the cargo loading company may be held liable for your damages. 
• Truck Safety Inspectors: If truck safety inspectors miss critical safety issues during their inspections that cause a truck accident, they can be another liable party in your truck accident claim.
• Truck Maintenance Providers: Mechanicals and the truck maintenance shops they work for can be found liable for damages if they fail to maintain or fix vehicle issues properly.
• Third-Party Drivers: Third-party drivers who engage in dangerous conduct that causes a truck accident, such as making an illegal turn, can also be liable for damages.
• Government Entities: If a dangerous road condition, such as broken pavement or missing signage, causes a truck accident, local and state government entities responsible for that stretch of highway may be liable.

Regardless of whether a trucking company’s negligence caused the truck accident, vicarious liability says that they can be held accountable for your damages. Vicarious or imputed liability is a legal principle stating that a person or entity can be liable for the actions of another. It most commonly occurs when an employer is held accountable for their employee’s negligence.

Your truck accident attorney will attempt to recover damages from trucking companies to maximize compensation because driver’s insurance policies don’t always cover the extent of damages a truck accident causes.

Types of Damages You Can Recover After a Truck Accident

Due to the size of semi-trucks and the magnitude of impact, truck accidents often result in substantial injuries and damages. Typical damages associated with large truck accidents include:

• All healthcare expenses
• Lost income
• Vehicle repair or replacement damages
• Property damages
• Household services
• Pain and suffering
• Loss of consortium
• Permanent impairment or disability
• Psychological trauma
• Decreased quality of life
• Sexual dysfunction
• Life-long pain management

Surviving family members can file to secure wrongful death damages after losing a loved one in a truck accident. Wrongful death damages generally include final medical expenses, funeral and burial costs, loss of consortium, and loss of financial support, among others.

Why You Need a Truck Accident Lawyer After Your Collision

If you or a loved one suffered an injury or experienced wrongful death, you need a truck accident lawyer to handle your case. They have extensive legal knowledge and experience with the system. An experienced truck accident attorney will secure maximum compensation for your injuries and damages by doing the following:

• Gathering Evidence: Truck accidents include standard evidence, such as police reports, photos and video of the accident scene, and pictures of your vehicle damage and injuries. However, they also entail extensive and more intricate evidence, including electronic logging devices, event data recorders, truck inspection records, truck maintenance records, and the driver’s cell phone and GPS records at the time of the collision.
• Interviewing Witnesses: Your attorney will re-interview witnesses attached to the police report to confirm statements and discover any new information pertinent to proving negligence and liability. They may also visit and surveil video footage from the accident scene to identify additional witnesses before collecting their statements.
• Determining Liability: Investigating all plausible avenues of liability in a truck accident can take time and complicate the case. Multiple liable insurers will attempt to negate blame onto each other to minimize their company payouts. However, your lawyer is skilled at identifying all liable parties and demanding fair compensation on your behalf.
• Truck Accident Reconstruction: Your lawyer will work with truck accident reconstruction experts to recreate the circumstances of your collision. They will investigate the crash site, analyze vehicle data, use specialized software for computer simulations, and identify contributing factors, like mechanical failure or driver error. Truck accident reconstructionists also provide expert testimony invaluable to establishing liability in your case.
• Comprehensive Case Valuation: Calculating losses and determining damages involves exhausting all possible sources of compensation relevant to your truck accident case. An experienced truck accident attorney will explore all viable damages to maximize compensation from all liable insurance companies. This is a critical step to obtaining a fair settlement.
• Negotiations: Negotiating with liable insurance companies can involve multiple rounds of exchanges and demands. Because truck accidents often involve multiple liable insurers, this process can be time-consuming and complex. Your attorney will discuss all settlement offers before advising you on accepting or rejecting them. They are skilled negotiators; you can trust their assessment of settling or holding out for more.

Truck accident claims that cannot be reasonably settled between liable insurers and attorneys may require filing a lawsuit to recover damages. Your lawyer will handle all filing deadlines, navigate the discovery phase, litigate your case through trial, and handle any appeals. However, your attorney will continue negotiating to avoid court even after filing a lawsuit. Most of the time, truck accident claims are settled before going to trial.

Consult a Truck Accident Attorney

If you have sustained injuries or lost a loved one due to wrongful death in a truck accident, consult a truck accident attorney to determine a plan for securing financial compensation. Truck accident lawyers work for contingency, requiring no upfront costs. Furthermore, they only get paid if you do. Schedule a free consultation today.

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Jeff Robinette( West Virginia Personal Injury Attorney )

Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.