There are numerous differences between a car accident and a truck accident. The biggest differences are as follows:
- Much bigger insurance policies. Insurance: $750,000.00 minimum.
- Federal Motor Carrier Safety Administration regulations must be followed.
- More serious injuries and deaths.
- Much more property damage to motor vehicles.
- Trucking adjusters come to the scene of the accident immediately.
- Longer hospital stays and more medical bills.
- There are more deaths per accident in trucking cases.
- Requires better-trained and experienced trucking attorneys.
- Often requires accident reconstruction experts.
- More expensive cases to pursue.
Federal CMV Restrictions
Commercial motor operators that drive big trucks have restrictions for trucks carrying property cargo limited to maximum hours driven, minimum hours off duty, and required rest after the 60/70 hour driving limit, meaning a driver may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart a 7/8 consecutive day period after taking 34 or more consecutive hours off duty. Commercial motor vehicle drivers that are carrying people have more stringent restrictions. The United States Department of Transportation, 49 C.F.R. Part 387, Subpart A, assures insurance coverage in an amount equivalent to the minimum levels of financial responsibility outlined in those regulations.
How to Stay Safe From Eighteen Wheelers on the Road
If you find yourself beside or behind a big truck, always do the following:
- Leave enough room between you and the truck. Underride accidents can happen if you follow too close to the truck.
- If you can’t see their mirrors, they can’t see you. Do not stay in the blind spot of an eighteen-wheeler.
- Trucks can weigh up to 80,000 pounds. That means they will take a lot longer to stop than a normal motor vehicle. Do not jump in front of a truck and expect them to be able to stop. You will get the bad end of the deal, not them.
- Trucks make wide right turns. Do not pass a truck making a wide right turn, or you will get hit. You will also be at fault for the accident. Being alive is more important than being late.
Types of Trucking Companies
Many different types of trucking companies must follow the Federal Motor Carrier Safety Administration (FMCSA) regulations. Some of the companies include the following:
- Walmart/Sams
- Target
- UPS Trucks
- Fed-Ex Trucks
- USPS Trucks
- Logging Trucks
- All Delivery Trucks
- Garbage Trucks
- Car/Transport Trucks
- Delivery Trucks
- Fuel Trucks
- Construction/Dump Trucks
- Concrete Trucks
- Coal Trucks
- Moving Vans
- Steel Trucks
- Tanker Trucks
- Tow Trucks
- All eighteen-wheelers
Who is at Fault in a Trucking accident?
When you or a loved one have been injured in a truck or tractor-trailer accident, numerous people and entities could be liable for your injuries. Those include the following:
- Truck driver
- Truck company or owner
- Manufacturers of the trucks
- Truck part manufacturers
- Maintenance companies
- Shipping company
- Cargo loading company
- Brokers
- Lessors
- Governmental entities: State
- Road maintenance or contractors
- Motor vehicle drivers
- Bars or taverns
In Alabama, liability for a truck crash can involve various individuals and entities beyond just the truck driver. Trucking companies, as per federal law, hold responsibility for the actions of their employee drivers. Truck owners and manufacturers are accountable for ensuring the safe condition of the equipment, including the truck and its parts.
Potential parties that could be considered liable for a truck crash in Alabama include truck drivers, trucking companies, owners and lessors of trucks and trailers, cargo loaders, manufacturers of the truck and its components, as well as companies responsible for truck maintenance and repair. It is common for responsibility in truck accidents to be shared among multiple parties, making it a complex aspect when dealing with such incidents. Seeking assistance from a qualified truck accident attorney can be crucial due to this complexity.
Dangerous Roads in Alabama
Truck accidents can occur anywhere, including parking lots, on the highway, or even in your driveway. The
The most dangerous roads in Alabama include the following:
- Beltline Road in Decatur, Alabama;
- Highway 431;
- 6th Avenue in Decatur, Alabama;
- Interstate 85;
- Interstate 20;
- I-565;
- Interstate 65;
- University and the Parkway Huntsville;
Truck Accident Statistics
Every year, nearly half a half million large truck accidents occur in the United States. And because of the size and weight of these vehicles, accidents involving trucks are often much more dangerous or fatal than your typical car accident. Most trucking accidents in Alabama take place on the interstate, but more fatalities take place on state highways. Only four percent of all injuries sustained in motor vehicle accidents are caused by large trucks, but 86 percent of fatalities and 77 percent of those injured are the drivers and passengers of the car involved in the crash. According to ALDOT, the primary causes of truck accidents in Alabama include the following:
- Improper Lane Usage: 1,104 (12.4 percent)
- Failure to Yield Right of Way: 847 (9.5 percent)
- Unseen Object, Person, or Vehicle: 817 (9.2 percent)
- Tailgating: 692 (7.7 percent)
- Misjudged Stopping Distance: 504 (5.6 percent)
- Defective Equipment: 399 (4.5 percent)
- Improper Backing: 360 (4.0 percent)
- Improper Turning: 322 (3.6 percent)
- Avoiding Animals, Objects, or Persons: 322 (3.6 percent)
- Crossed Median/Centerline: 272 (3.0 percent)
- Failure to Heed Sign/Signal: 233 (2.6 percent)
- Fatigued/Asleep: 200 (2.2 percent)
- Driving too Fast for Conditions: 176 (2.0 percent)
- Improper Passing: 173 (1.9 percent)
- Ran Off-Road: 157 (1.8 percent)
- Driving Under the Influence: 111 (1.2 percent)
- Over the Speed Limit: 86 (1.0 percent)
- Unknown causes: 448 (5.0)
- Other causes: 1,714 (19.2)
The most recent statistics show that 333,000 large truck wrecks occurred in the U.S. in one year. These accidents killed 3,921 people and injured another 104,000. Every year in Alabama, the causes of truck accidents remain the same, but the percentages change slightly on a year-to-year basis. In many cases, there are two or more causes of truck accidents.
What to do After A Truck Accident
After an eighteen-wheeler accident, you are often confused and unsure of what to say or do. Always remain at the scene until you can speak with the other party involved if you can. Never admit you were at fault, and do the following:
- Immediately file an accident report with the police, sheriff, or state trooper if the agency has not done so at the scene.
- Write down the name, address, insurance information, vehicle license number, and driver’s license number of any persons involved in the car accident. Record the names, addresses, and telephone numbers of all witnesses.
- Obtain photographs of the accident scene, all vehicles involved (before repairing), and any visible injuries to the parties involved, such as cuts, bruises, and scars.
- If you have a dashcam installed by a company like BlackBoxMyCar, recover any footage that documents the accident.
- Do not discuss the accident or your injuries with anyone, except your doctor and your attorney.
- Do not consent to a recorded statement or sign any document without first reviewing it with your attorney. Innocent statements made by you attempting to assist an insurance adjuster can easily be misinterpreted and used to deny or minimize your recovery.
- Immediately seek medical attention and tell your doctor the nature and extent of your pain and injury and how the injury occurred.
- Track your expenses. If your car is written off in an accident, you may have to fork out a lot for a new car, so looking for a used car dealer may be your best option.
A strong claim clearly outlines the financial impact of your accident. Keep records of your:
- All medical bills, including doctor’s visits, surgery and therapy,
- Future medical bills, including long-term care,
- mileage driven to all medical providers,
- rental car expenses,
- time away from work,
- and any other expenses your accident has caused.
Insurance Company Tactics After a Truck Accident
Insurance companies will do anything to keep you from paying them the true value of your case. They may do things like:
- They will tape-record you to get you to say something to hurt your case.
- They will lie about witnesses.
- They will tell you you are contributorily negligent (1%).
- They will offer you lowball settlements.
- They will lie about insurance coverage.
- Pressure you into taking a small settlement.
- Delaying any settlement to get you to take less money.
- They will hire a team of lawyers and accident reconstruction experts.
- They will do extensive discovery to drag out the case.
What is the truck’s black box?
The “black box” contains information about the truck at the time of the crash, from the truck’s speed to the tire pressure to whether the brakes were applied before the accident. It is important to know what the driver did and did not do before the accident. You also know the condition of the truck at the time of the crash. The National Highway Traffic Safety Association (NHTSA) requires that all commercial trucks record and report certain information. A “black box” usually contains the Electronic Control Modules (ECM), Event Data Recorders (EDR), and Electronic Logging Devices (ELD). These devices preserve technical vehicle data and driver information about the truck and the driver.
Electronic Control Modules
All modern semi trucks contain ECMs, which track, control, and monitor the basic operations that allow a truck to safely transport cargo. ECMs record information about fuel efficiency, airbag systems, engine performance, and mechanical problems. EMCs also conduct diagnostic tests and notify truck drivers of any issues by illuminating various dashboard warning lights.
Electronic Logging Devices
ELDs enable commercial truck drivers to easily track their hours of service (HOS) to ensure they comply with the Federal Motor Carrier Safety Administration’s (FMCSA) driving limits. All ELDs are required to display a trucker’s daily number of driving hours. They record and distinguish between the times when a truck is parked, idling, or in motion by automatically syncing with the truck’s engine. Finally, ELDs require that before truckers begin a driving segment, they must indicate whether their status is “on-duty,” “not driving,” or “off-duty.”
Event Data Recorders
EDRs record certain information if the truck crashes or has a different type of accident. EDR’s recording function is triggered by a rapid and unnatural change in a truck’s velocity, such as when a tractor-trailer operator breaks suddenly or collides with an object that causes the truck’s airbag to deploy. EDRs preserve information about the truck and truck driver in the seconds before, during, and after the collision. EDR’s record includes the following:
- Truck’s speed before and upon impact
- Vehicle’s precise GPS location
- Seat belt
- Steering angle
- Breaks
- Engine RPM
- Speed
- Airbag
- Tire pressure
- Cruise control
- Throttle
- Communications
- Monthly and daily activity