Negligence Issues in Trucking Crashes
Negligence Issues in Trucking Crashes
There are many different acts that amount to negligence and cause tractor trailer (semi truck) accidents on our roadways. Some include negligent hiring, defective equipment, speeding, alcohol or drug use, driver fatigue, improperly secured cargo, traveling too fast for conditions, driving too close, drivers not paying full attention, and other driver error. Some information regarding some of the more common truck driving negligence/ motor carrier negligence is as follows:
Negligent Hiring: Drivers who operate in two or more states have to be 21 years old, be able to speak, understand and converse in English, have a current and valid Commercial Driver’s License, be able to physically handle the job and perhaps meet other qualifications or requirements. The Motor Carrier (employer) may be responsible for allowing a driver to operate one of its trucks if the driver did not meet all of the necessary requirements. The employer has a duty to regularly run the driver’s record to see if he has been issued tickets. Failing to do this and many other things may also point to the employer’s negligence.
Hour of Service Violations: The driver of a semi truck (tractor trailer) may not drive more than 11 hours following at least 10 consecutive hours off duty. (The Federal Motor Carrier Safety Regulations [FMCSR] are the rules that govern semi trucks on our highways. See §395.3) The reason for these hour restrictions is to prevent driver fatigue. It has been a proven fact that driver fatigue often is a cause of interstate trucking accidents. The trucking carrier and the driver are both responsible for this type of Hours-of-Service (HOS) violation.
Further a tractor trailer (semi truck) driver is required to keep certain specific logs to prove that he or she has not violated these Hours-of-Service rules. The employer or motor carrier is required to inspect the drivers’ logs to confirm compliance with these regulations. Drivers must log their hours every 24 hours, in written format. (FMCSR § 395.8)
Alcohol: Drivers of tractor trailers (semi trucks) cannot have any alcohol in his or her system at all while driving a tractor trailer (semi truck). This, of course, includes driving, but also when they are merely “on duty”, which would include even if they were not driving, but where they are in physical control of the truck. There is a zero tolerance with alcohol and truckers. Alcohol is not tolerated whatsoever, which is different from drivers of cars, certain vans, and motorcycles that have alcohol in their system up to certain limits, and still may be able to legally drive. The rules involving truck drivers are extremely strict. There is no tolerance for any amount of alcohol in a driver’s system while operating a semi-truck or while in the physical control of a semi-truck. (FMCSR§392.4-.5)
Truck Equipment & Repair: driver of a tractor trailer (semi truck) must make sure that his or her truck (trailer, or cab) and its equipment are in good working order at all times. (See FMCSR (§392.7). This section of the Federal Motor Carrier Safety Regulations includes brakes to the tractor, brakes to the trailer, parking brakes, steering devices, lighting devices, tires, horn, windshield wipers, rear vision mirrors, and coupling devices (a coupling device is analog shift register, that transports analog signals or electric charges).
Brakes: Though brakes is certainly included in the category above—Truck Equipment & Repair, the braking system(s) of the truck involved are often the platform of our negligence case against the truck driver and motor carrier and therefore listed here separately. There have been thousands of trucking injury accidents that involve defective brakes and often it is because the motor carrier, service garage or the driver have not inspected or repaired the brakes appropriately. A popular study by Jones & Stein found that brake defects were quite common and were found in 56% of the tractor-trailers involved in these crashes.
Faulty Securement of Cargo: Unfortunate accidents occur because motor carriers, semi-truck drivers and/or the companies loading the trailer do not take the proper steps in securing cargo on their tractor-trailers. Part 393 of the Federal Motor Carrier Safety Regulations (FMCSR) deals with the proper way to transport cargo that is bundled, packaged, loose, etc. These includes loose lumber, packaged lumber, building products such as plywood and boards to large rocks, steel coils, automobiles, construction equipment, piping and other items.
Driver Error: Plain old driver error is usually a component of one of the reasons why the semi-truck crash occurred. Some of the common reasons we all know include driving too closely to the vehicle in front, speeding, not paying attention, failing to move over for vehicles on the side of the highway, driving too fast for conditions, improper passing or turning, failing to keep a careful lookout, falling asleep, etc.
