In a perfect world, we could trust that other drivers on the road – including truck drivers – are operating their vehicles safely and in accordance with the law. But, unfortunately, all too often, that is not the case. 

Many truck drivers are paid based on the number of miles driven in a particular day. And, because of federal regulations, they are only permitted to drive for a certain amount of time without a break. This pay structure can incentivize drivers to drive at unsafe speeds and cut corners on safety checks in an effort to maximize their take home pay. 

There are many different decisions that truck drivers can make which can constitute negligence, including:

• Impaired driving, including the consumption of alcohol or drugs, which impact their ability to safely operate their vehicle. 

• Distracted driving, including cellphone use, which can divert their attention from the road and slow reaction time. 

• Ignoring trucking regulations - including falsifying driving logs and exceeding the number of hours they are allowed to drive for. 

• Failing to follow the rules of the road, including speeding, unsafe lane changes, and ignoring traffic control signals. 

• Hasty or incomplete safety inspections before and during hauls. 

• Improperly or unsafe loading of cargo. Overloaded or improperly balanced trucks are harder to operate because they take longer to slow down, are at an increased risk of rollover, and can increase the likelihood of system failure. 

• Continuing to drive despite poor weather conditions

According to the Federal Motor Carrier Safety Administration (FMCSA), about 13 percent of truck drivers operating commercial vehicles suffered from driver fatigue when a truck accident occurred. While driver fatigue can affect any motorist, it tends to be a particular problem when it comes to truck drivers and the trucking industry in general because:

• Truck drivers typically receive bonuses or other incentives for delivering cargo ahead of schedule, which increases the likelihood that they will compromise needed sleep and rest to be on the road for longer periods of time

• Trucking companies often set unrealistic schedules for drivers, placing a greater emphasis on profit over safety

The Driver Fatigue and Alertness Study (DFAS) conducted by the Essex Corporation (and involving various federal institutions, trucking associations and motor carriers in the U.S. and Canada) has been pivotal in shedding light on truck driver fatigue. Specifically, the DFAS found that:

• The time of day, rather than the hours spent on a particular task, played a bigger role in affecting truck driver alertness and performance. Truck drivers were about 8 times more likely to be drowsy, fatigued and less responsive between about midnight and 6am than during other times of the day or night

• Truck drivers, in general, only got about 5 hours of sleep. This is about 2 hours shy of an ideal rest/sleep period of 7 hours

• Truck drivers were not usually accurate at assessing their own levels of alertness, as they tend to overstate their alertness when they are, in fact, fatigued

To try to combat driver fatigue-related truck accidents, the FMCSA has passed federal “hours-of-service” regulations that stipulate the maximum number of hours truck drivers are allowed to work, as well as the minimum required rest or off-duty time that truck drivers must comply with when on the road. Sadly, to meet deadlines and receive bonuses, records of these hours may be manipulated to seem legal. Without an investigation into your accident, you may never know if this was a factor.

Although some truck accidents may be caused by drivers themselves, in other cases, the negligence of a trucking company that owns the truck and/or employs the driver may also contribute to devastating accidents. Specific examples of trucking company negligence include (but are not limited to) trucking companies:

• Failing to run background checks on drivers

• Failing to verify if drivers have licenses to drive commercial trucks

• Failing to properly maintain trucks by inspecting them before each run and/or not replacing faulty parts when necessary

• Failing to abide by state and federal trucking regulations

• Creating unrealistic delivery and driving schedules for drivers (which can encourage drivers to disobey federal hours-of-service laws)

When any of these factors plays a role in causing a truck accident, the trucking company can be held legally liable for victims’ injuries, medical bills, lost wages and suffering. However, unless the company is identified as a liable party during the investigation process, its role in your injuries may never be established. Our truck accident injury attorneys know what to look for when investigating these cases and are prepared to hold all liable parties responsible for the damages they have caused. Call our Missouri office at 314-333-3333 or if you are in Illinois, call at 618-888-8888 to schedule a free consultation and learn more.

Given how frequently and how long trucks are on the road, federal trucking regulations mandate that drivers and/or trucking company employees inspect all equipment prior to long hauls and routinely after the trucks have been driven a specified number of miles. The point of such inspections is to see if any equipment or systems need to be replaced before the truck is driven again in order to prevent a vehicle equipment failure from causing a serious truck accident.

Some of the pieces of equipment checked and/or replaced during routine maintenance inspections include:

• Brakes

• Tires

• Headlights and/or reflectors

• Cargo straps and/or couplings

When truck maintenance inspections are performed improperly or skipped entirely, there is an increased risk of vehicle equipment failure and serious truck accidents.

When it comes to establishing that a failure to properly maintain a truck caused or worsened an accident, the following documents can be essential to proving negligence and helping victims secure the compensation they deserve:

• Truck inspection reports

• Truck repair and maintenance records

• Cargo loading records

• Police reports (following an accident)

• Vehicle conditions reports, which should be completed daily by truck drivers

• Records from a truck’s on-board computer

Again, without an attorney on your side, these factors are not likely to be identified as causes of your truck accident. Unless they are identified, you may never receive even a portion of the compensation you are due. Mechanics and parts manufacturers may be liable for injuries caused by faulty equipment. They, like the truck driver and the company he works for, will have attorneys and insurance companies working on their side to protect their best interests. You deserve someone on your side who is capable and ready to do the same for you.

FMCSA regulations stipulate that large commercial trucks, like semis and tractor trailers, are legally limited to carrying no more than 20,000 pounds of cargo per axle (with the total weight not to exceed 80,000 pounds). In addition to these regulations, individual states have their own specific trucking regulations for certain roads or highways regarding weight limits for trucks.

Despite such regulations, trucking companies and/or truck drivers may overload their vehicles in an effort to increase profit. When this happens, overloaded trucks on the roadways significantly increase the chance of serious, potentially fatal truck accidents.

While “overloaded trucks” can refer to trucks that are carrying too much weight, it may also refer to trucks that have poorly balanced loads. Some of the specific risks and dangers that overloaded trucks pose to other drivers include (but are not limited to) the following:

• Truck drivers’ impaired ability to steer or control the truck due to most of the weight of the truck being taken off of the front tires

• Trucks being more difficult to stop, particularly when going downhill

• Trucks being more likely to be involved in rollover accidents when improperly balanced loads raise trucks’ center of gravity

• The increased risk of brake failure and/or tire blowouts due to the excessive weight the truck is carrying

• The increased risk of trucks exceeding the weight limit of certain roadways, which could increase the likelihood that bridges or other roads will collapse under such excessive weight.

Because truck accidents resulting from excess or poorly distributed weight are entirely preventable, those who are responsible for them can be held legally liable for victims’ injuries, losses and mental anguish in a truck accident lawsuit.