If you or a family member is involved in an automobile accident with a large tractor trailer, you need to contact our
office. Immediately.
We will send our investigators to the scene of the accident to properly photograph and document
the location of the event. Insurance companies representing large trucking firms normally respond to such accidents promptly
so they can prepare a case in defense of the trucking company and the driver. Our investigators will obtain statements from
witnesses after interviewing you and your family members involved in the accident. If a family member is hospitalized as a
result of the accident, it is important that we document and photograph the injuries. We will come to the hospital for your
convenience. Do not speak with insurance company representatives or trucking firm investigators. Let our attorneys represent
you. We will speak to the trucking company representatives and insurance adjusters on your behalf.
Every 16 minutes,
a person is killed or sustains injuries in accidents involving 18-wheelers, tractor-trailers or semi-trucks.
4,793
were involved in fatal crashes
5,082 people died
131,000 were injured
In 2001, there were 6,536 total crashes
involving tractor-trailer trucks in Pennsylvania;154 were fatal.
In 2003, there were 58,512 total vehicle accidents
involved in fatal crashes in the U.S.
- 4,669 were large trucks involved in fatal truck accidents. Large trucks are
more likely to be involved in a fatal multi-vehicle crash than are passenger vehicles. Trucking revenues totaled $610 billion
last year and revenues are forecasted to nearly double by 2015. The majority of fatal truck accidents occur in rural areas
(68 percent) during the daytime (66 percent) and on weekdays (78 percent). In 2002, the majority of large truck crashes occurred
in good weather (71 percent), on dry roads (71 percent), during the daytime (75 percent), and on weekdays (88 percent).
About
27 percent of all large truck drivers involved in fatal truck accidents throughout the United States had at least one prior
speeding conviction compared to 19 percent of the passenger vehicle drivers involved in fatal crashes.
From 1992 to
2002, the number of large trucks involved in fatal crashes has increased by up to 10% due to driver fatigue, unsafe vehicle
operation, large, unstable loads or defective equipment.
The primary mode for moving freight in the United States is
the trucking industry. According to the American Trucking Association (ATA), in 2003, large trucks hauled the majority of
all freight transported in the U.S. - over nine billion tons. Trucking revenues totaled $610 billion last year and revenues
are forecasted to nearly double by 2015.
While commercial trucking growth is good news for the trucking companies and
the nation's economy, it is bad news for drivers of cars, vans and SUVs that share the road with these potentially lethal
giants. Large truck related fatal and injurious crashes are a significant public health problem in the United States today.
Every 16 minutes, a person is killed or sustains injuries in accidents involving 18-wheelers, tractor-trailers or semi-trucks.
The Insurance Institute for Highway Safety reports that in crashes involving large trucks and other vehicles, 98% of the fatalities
occur to the people in passenger vehicles.
As the commercial truck population accelerates to meet anticipated economic
demand, and the number of passenger vehicles continues to grow, how will the nation's motorists fare in competition for
the road?
What Causes Large Truck Accidents?
Any vehicle with a gross vehicle weight of over 10,000 pounds is
considered a large truck and is governed by specific federal safety regulations and laws. The government requires that truck
drivers qualify for commercial licenses and are subject to limited drug and alcohol testing. Unfortunately, many truck safety
advocates question the effectiveness of the licensing and testing programs. From 1992 to 2002, the number of large trucks
involved in fatal crashes has increased by up to 10% due to driver fatigue, unsafe vehicle operation, large, unstable loads
or defective equipment. Accidents involving semi-truck, 18-wheeler, and large trucks present many unique issues including:
Hours of Service. Driver fatigue and drowsiness are conditions that result in reckless behavior such as failure to keep
in the proper lane and running off the road. Tired truckers are of such concern that in April of 2003, the Federal Motor Carrier
Safety Administration (FMCSA) instituted new hours of service regulations to curb truckers' problems with fatigue. While
these laws have helped reduce the number of accidents, the U.S. National Transportation Safety Board still blames driver fatigue
as a probable factor in 20-40% of truck crashes.
Intoxicated Drivers. Over a period of one year, a study of truck driver
fatalities was conducted by The National Transportation Safety Board and The National Institute on Drug Abuse in eight states.
Comprehensive drug screenings were performed on blood specimens taken from 168 fatally injured drivers. One or more drugs
was detected in 67% of these fatally injured drivers and 33% of these drivers had detectable blood concentrations of psychoactive
drugs or alcohol.
Driver error. Big-rig operators are responsible for the safe operation of their vehicle. When semi-trucks
travel at rates exceeding 55 mph, they are speeding and the likelihood of a jackknife or rollover significantly increases.
o "Underrides" refer to passenger vehicles that slide under another vehicle, with the majority of these incidences
happening between large trucks and passenger cars.
o "no-zones" or blind spots exist in the front, back and
sides of a big rig truck. Recognizing these "no-zones", the trucking industry has advised that for safety's
sake the driver of a passenger car should not be in front, back or in two lanes beside a large truck. Otherwise, when vehicles
are in these blind spots, the truck may make a wide right turn into the passenger car.
o "Squeeze plays"
involve trucks making wide right turns. When a passenger vehicle is caught between a large truck and the curb - they are caught
in a "squeeze" that can have serious consequences.
o "Off-track" occurs when a truck turns at high
speed and swings into an adjacent lane unexpectedly. Unlike passenger vehicles, transport trucks require up to 40 percent
more space to stop. Following too closely results in inadequate stopping distance between large trucks which then rear-end
vehicles in front. It is not difficult to imagine the devastating results that occur when a car, van or SUV is hit from behind
with over 10,000 lbs. of moving metal.
Substandard inspection. According to FMCSA, there were over 2 million roadside
inspections of trucks. Of those inspections, 23.2% of the vehicles were found to have serious violations. Despite the best
efforts, defective and unsafe trucks continue to be a leading cause of catastrophic accidents on the nation's highways.
Longer Combination Vehicles (LCVs) vehicles are tractor-trailer combinations with two or more trailers that weigh more
than 80,000 pounds. These trucks are at increased risk of jack-knife (the rig jackknifes when the drive axel brakes lock up);
roll-over, sway and loss of control. Greater lengths, heights and weights make these trucks perform and handle differently
than tractor semi trailers or twin trailers. LCVs are more dangerous due to their tendency to sway and leave the lane they
are traveling in, as well as requiring increased passing distance.
Hazardous Materials (hazmat). Revenue from hazardous
materials shipments has increased to $10 billion with more than 800,000 shipments everyday. Hazardous materials (hazmat) in
trucks are usually flammable liquids, such as gasoline. Each year, about 200 hazmat trucks are involved in fatal crashes and
5,000 in nonfatal crashes.
Our law firm will represent you vigorously.
We will protect your interests and prevent
insurance companies and trucking firms from taking advantage of you or forming a case against you. However, you must remember
to contact our firm as quickly as possible if you or a family member is involved in an auto/truck or tractor-trailer accident.
Our time is dedicated to helping our clients, keeping them informed and ensuring that our client's rights are protected.
We represent them zealously within the bounds of the law.
Truck Accident Conditions:
This section provides statistics that describe conditions at the scene of fatal traffic accidents involving trucks
in 2000:
June had the greatest number of fatal involvements with 509 while April had the fewest with 388.
About
two-thirds of fatal accident involvements occur in rural areas.
About two-thirds of fatal accident involvements occur
in daylight.
81.8% of fatal accident involvements occur on dry roads.
84.9% of fatal accident involvements occur
in "normal" (i.e., no precipitation) weather conditions.
28.8% of fatal involvements occur on state highways,
26.3% on U.S. highways and 25.4% on interstate highways.
In 10.4% of fatal involvements, the other vehicle crossed the
center line of the road and struck the truck head on.
Vehicle Statistics
This section provides statistics that
describe the physical configuration of trucks involved in a fatal accident in 2000. Of the 5,275 trucks involved in a fatal
accident in 2000, there were 3,164 tractor-semitrailers; 1,519 straight trucks with no trailer; 222 straight trucks pulling
a trailer; 123 bobtail tractors and 162 tractors pulling two trailers.
Straight trucks with no trailer represented 28.8%
of all trucks involved in a fatal accident.
Tractor-semitrailers accounted for 60.0% of the trucks.
Over half
of the tractor-semitrailers pulled a van trailer - either a dry box van or a refrigerated van.
24.6% of the straight
trucks had dump bodies. The next most common straight truck cargo body was a van body, with 21.8%.
30.2% of the trucks
were empty, 21.8% were carrying general freight, and 13.1% were carrying solids in bulk (gravel, soil, etc.) at the time of
the accident.
8 trucks were longer than 100 feet; 43 weighed more than 100,000 pounds.
74.6% of the trucks involved
in a fatal accident were Class 8, the heaviest Gross Vehicle Weight Rating (GVWR) class.
49.1% of the trucks were operated
by interstate for-hire carriers, 17.8% by interstate private carriers and 16.6% by intrastate private carriers.
34.5%
of the trucks were on local trips (within 50 miles of base) when involved in the fatal accident.
Defects contribute to
the number of large truck accidents each year. Some of these defects include:
Tires or wheels: 80 crashes
Tires or wheels: 80 crashes
Engine/Transmission: 52 crashes
Steering Wheel: 13 crashes
About 700 heavy
truck drivers and passengers in truck cabs die each year. In addition, almost 3,700 persons in cars and other passenger vehicles
die annually in collisions with heavy trucks.
The Insurance Institute for Highway Safety reports that in crashes involving
large trucks and other vehicles, 98% of the fatalities occur to the people in passenger vehicles.
The National Highway
Traffic Safety Administration (NHTSA) has warned groups using 15-seat passenger vans about the dangers of fully loading the
vans and then putting an inexperienced driver behind the wheel. The NHTSA also stated that 15-passenger vans are large trucks
and should only be driven by people with experience driving large trucks.
The FMCSA's Motor Carrier Management Information
System (MCMIS) classifies a truck as large if its gross vehicle weight rating (GVWR) exceeds 10,000 pounds.
The majority
of fatal crashes involving tractor-trailer trucks include trucks that are pulling one trailer. A recent survey showed that
64% of fatal truck crashes had one trailer. Thirty-two percent of those involved single-unit trucks (no trailer) and fewer
than 4% of those involved multi-trailer vehicles (more than one trailer).
Protecting the Victims
We will never
know how many motorists have been "lucky" enough to have escaped a catastrophic encounter with a big rig. How many
passenger vehicles are confronted daily by aggressive, fatigued truck drivers pulling a 13 hour shift in order to make a professional
wage and meet tight deadlines? How many semi-trucks on the highway are operating despite failed roadside inspections? Which
drivers have cheated on their Hours of Service logbooks? Even with these frightening scenarios and statistics, powerful trucking
industry lobbyists continue to call for the weakening of truck safety rules and regulations to reap a higher profit.
When
truck collisions do occur, trucking companies involved in the accident often send representatives to the accident scene. These
agents work to handle everything at the scene of the accident so that they can limit or mitigate their company's liability.
Many times trucking, hauling and leasing companies dispute whose insurance will provide for victim compensation. These companies'
representatives know that the ideal time to confront an accident victim is immediately following the event. In the aftermath
of a truck accident, the traumatized victim will need to make important decisions that will impact their future. Grieving,
anxious and injured people are pressured by trucking and insurance companies' tactics. Too often the victims and their
families struggle through the difficult after effects of truck collisions alone. By working with an experienced attorney,
victims can have some control and participation in ensuring that their rights and interests are protected.
Improving
the Odds
The following suggestions may help motorists to improve the odds when sharing the road with large commercial
trucks:
Keep visible. Stay out of the "no-zones" - the truck's blind spots. When behind a truck, stay
far enough back to see both of the truck's side mirrors.
Maintain a safe distance to ensure that there is enough
space and time to brake.
Drive defensively.
Use signals to turn or pass and avoid sudden moves such as
swerving to pass.
Keep lights on and windshield wipers working on rainy days. There are no easy answers to providing
a productive and safe environment for everyone who shares the road; however making the safety of motorists a priority over
profit is an important step in the right direction. If shipping costs rise in order to ensure safer transportation of goods
and services, it is a small price to pay to save lives.
Federal Law Relating to Trucking
Unfortunately, truck
wrecks are becoming too common on our roads which in turn force the public to become more educated about the laws and regulations
pertaining to tractor-trailers engaged in truck wrecks which truck wreck lawyers must utilize in order to help their client.
The
Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic and are
of particular use to you if you have been injured in a truck wreck and are looking for a truck wreck lawyer.
The following
is a summary of several of the more relevant regulations for you to use as a quick reference guide in the even you have been
injured in a truck wreck and are seeking a truck wreck attorney. If you wish to read one of the regulations in greater detail,
you may click on the appropriate link following the abridged version of the regulation.
49 CFR 350: Commercial
Motor Carrier Safety Assistance Program
49 CFR 383: Commercial Driver's License Standards; Requirements and Penalties
49 CFR 391: Qualifications of Drivers
49 CFR 392: Driving of Commercial Motor Vehicles
49 CFR 393: Parts
and Accessories Necessary for Safe Operation
49 CFR 395: Hours of Service of Drivers
49 CFR 396: Inspection, Repair
and Maintenance
49 CFR 397: Transportation of Hazardous Materials; Driving and Parking Rules
49 CFR 398: Transportation
of Migrant Workers
49 CFR 399: Employee Safety and Health Standards
Truck Driver Statistics
This summary
provides statistics on the drivers of trucks involved in fatal traffic accidents in 2000.
2.2% of truck drivers involved
in a fatal traffic accident had been drinking.
Drug use was reported for 0.6% of truck drivers in a fatal crash.
96.4% of truck drivers involved in a fatal accident were male.
713 truck drivers were fatally injured in a traffic
accident.
2.1% of truck drivers involved in a fatal accident were recorded as drowsy or asleep.
Driving too fast
was the most common driver factor recorded (7.6%), followed by ran-off-road (6.9%) and inattentive (5.4%).
63.4% of
truck drivers had no driver factors recorded.
Straight Truck Statistics
This summary provides descriptive statistics
on straight trucks involved in a fatal traffic accident in 2000. A straight truck is a truck power unit with a permanently
attached cargo body. Straight truck configurations include trucks pulling no trailers, trucks pulling a full or other trailer
and wreckers towing cars or other straight trucks.
Truck configurations with a straight-truck power unit accounted for
33.3% of all trucks involved in a fatal traffic accident in 2000.
38.3% of straight trucks were Class 8 (over 33,000
lbs.) Gross Vehicle Weight Rating (GVWR), and 18.7% were Class 3 (10,001-14,000 lbs.).
The lightest straight trucks
involved in a fatal accident in 2000 weighed 5,000 pounds or less; the heaviest straight truck combination weighed over 120,000
pounds.
36.9% of straight trucks were empty at the time of the accident while solids in bulk were the most frequent
cargo type, accounting for 19.2%.
54.2% of straight truck configurations involved in a fatal traffic accident had two
axles, 24.3% had three axles (including the trailer), and one straight truck combination had seven axles on the power unit
and four axles on the trailer.
37.7% of straight trucks were operated by a private, intrastate carrier; 23.7% by a private,
interstate carrier and only 11.6% by a for-hire, interstate carrier.
66.3% of straight trucks were on a local trip (within
50 miles of base) at the time of the accident.
262 straight truck drivers were fatally injured in a traffic accident;
39.3% of the fatalities occurred in ran-off-road crashes. Note: 445 straight trucks had "other" cargo bodies, bodies
that did not fall into any named cargo body type. Most of these were utility bodies or some other working body type such as
concrete mixers, cement pumps or boom trucks.
Tractor Trailer Statistics
This section provides descriptive statistics
on tractor combinations involved in a fatal traffic accident in 2000. A tractor is a truck power unit with a fifth-wheel designed
to pull semitrailers. Tractor configurations include tractors pulling no trailers (bobtail), tractors pulling one or more
c, and other configurations with supplementary units such as jeeps that permit hauling very heavy loads or configurations
in which the tractor towed other tractors by means of saddle mounts.
Truck configurations in which the power unit was
a tractor accounted for 3,472 of the 5,275 trucks (65.8%) involved in a fatal accident in 2000.
94.0% of the power units
in tractor combinations were Class 8 (over 33,000 lbs.) Gross Vehicle Weight Rating (GVWR).
The three lightest tractor
configurations weighed 10,000 pounds or less and were bobtail tractors; the four heaviest tractor configurations were doubles
with a loaded weight over 150,000 pounds.
71.8% of tractor combinations weighed between 25,001 and 80,000 pounds.
27.2% of tractor combinations were empty at the time of the accident while the most common cargo was general freight with
26.6% of tractor involvements.
88.6% of tractor-semitrailer configurations consisted of a three-axle tractor pulling
a two-axle trailer. 62.3% of doubles (two trailers) consisted of a two-axle tractor with a one-axle first trailer and a two-axle
second trailer.
68.8% of tractor combinations were operated by for-hire, interstate carriers; 15.1% of tractors were
operated by private, interstate carriers.
19.0% of tractor combinations were on a local trip (within 50 miles of base)
at the time of the accident; 19.8% were on a trip over 500 miles.
449 tractor drivers were fatally injured in a traffic
accident; 48.1% of the fatalities occurred in ran-off-road crashes.
