Truck Accident Questions
Frequently Asked Questions about Truck Accidents
How many truck accidents occur each year?
According to The Center for National Truck and Bus Statistics, there are approximately 5,000 deaths, 100,000 injuries, and 500,000 trucking accidents in the United States each year. That includes approximately 360 pedestrian and 70 bicyclist fatalities.
Why is a traffic accident involving a truck more likely to cause serious injury than one involving only automobiles?
The answer resides in simple physics: trucking accidents are more likely to cause serious injury simply because trucks are larger. A commercial tractor-trailer can weigh in excess of 40 tons, while an average passenger car weighs around 1-1 ½ tons. Due to this disparity, tractor-trailer accidents that involve an automobile often result in more serious injuries or fatalities to the occupants of the car.
What are some common causes of trucking accidents?
There are a number of contributing factors to trucking accidents. Theses accidents are often caused by a combination of a truck's physical characteristics and performance capabilities, including acceleration, braking, and visibility, taken together with a car driver's ignorance of these characteristics.
Some of the more common causes of trucking accidents include:
- Driver inattention and error, sometimes as a result of fatigue;
- Tight delivery schedules, which may lead to excessive speeds and long driving times;
- Failure to maintain equipment, as well as equipment malfunction;
- Traffic law violation;
- Driving under the influence of alcohol or drugs.
Are trucking companies regulated by federal laws?
Yes. The Federal Motor Carrier Safety Administration (FMSCA) sets the rules and regulations that govern commercial motor vehicle use and the companies that operate these vehicles. Its stated purpose is to try to make the interstate highways a safer place by curbing the number of truck accidents.
Are semi-trucks legally required to have insurance?
Yes. FMCSA regulations require commercial vehicles that participate in interstate commerce carry a minimum of $750,000 of insurance for bodily injury and property damage resulting from trucking accidents. Most state laws also have minimum insurance requirements on trucks not covered under federal law.
How is the monetary value of a trucking accident case determined?
According to statistics compiled by the FMCSA, the average cost of a large truck accident involving a fatality is $3.6 million per crash. However, many factors are used to determine the valuation of a truck accident settlement claim. Some of the key contributors include the duration and nature of medical treatment, loss of wages, and the length of time an injured party continues to experience pain and suffering from an accident. Differences in the ways state trucking laws apply can also have a bearing on settlement valuation.
Are there differences in a case if there is an injury, or a family member is killed in a trucking accident as opposed to any other accident?
Yes. Although the same laws of negligence will apply, there are Vehicle Code sections that apply specifically to commercial truck drivers and trucking companies. In addition, there are special licensing and training requirements for truck drivers that generally make trucking accidents difficult to defend and easier to win for plaintiffs.
Do federal or state laws place a limit on the hours that a driver can operate his or her truck?
Yes. Since 1939, regulations by the FMCSA have set restrictions on the "hours of service" that a trucker may operate his or her vehicle. In recent years, the regulations on hours of service have been at the heart of several court cases and administrative actions. Hours of service laws are intended to promotr traffic safety by helping to ensure that truck drivers get the rest they need to operate their trucks safely.
Who can sue in a case of trucking accident injury or death?
Anyone who is injured or has lost a loved one in a trucking accident can sue so if some other person or entity is believed to be at fault for the accident. These claimants may be adults or children, who can sue by way of parents or guardians. Truck drivers, too, can sue if another person or entity was at fault for the accident.
I still have more questions. How can I contact you?
You can fill out a contact form online.Or, if you prefer, call us at 800-274-5559. We welcome your questions!