Whether referred to as 18-wheelers, semis, or tractor trailers, the effect on the traveling public is the same. Without question, the American trucking industry is a critical part of the economy, transporting over 70% of the nation’s freight. However, this critical role comes with immense responsibility — a responsibility that is too often compromised by negligence and lack of attention to safety on the part of trucking companies and drivers. When safety corners are cut or regulations ignored, the results can be catastrophic: serious injuries, permanent disabilities, and, tragically, preventable deaths.
The Scope of the Problem
According to the National Highway Traffic Safety Administration (NHTSA), more than 5,000 people are killed and over 100,000 are injured annually in crashes involving large trucks. A disproportionate number of these fatalities are occupants of passenger vehicles, pedestrians, and cyclists — individuals who stand little chance in collisions with 80,000-pound trucks.
While accidents can happen for many reasons, a significant percentage are linked directly to negligence, either by the trucking company, the driver, or both.
Common Forms of Negligence
1. Driver Fatigue
Despite strict hours-of-service regulations set by the Federal Motor Carrier Safety Administration (FMCSA), many drivers are pushed beyond their legal limits by demanding schedules and unrealistic delivery expectations. Fatigued driving is comparable to drunk driving in terms of impairment, and it remains one of the leading causes of truck-related crashes.
2. Inadequate Training
Operating a commercial truck safely requires extensive training. Yet, some companies cut corners by putting underqualified and unqualified drivers behind the wheel. This lack of training can lead to poor decision-making, improper handling of hazardous conditions, or inability to respond to emergencies.
3. Distracted Driving
The same distractions that plague passenger vehicle drivers — texting, eating, watching TV, and using a GPS — are also a threat in commercial trucking. We represented the family of a man killed when an 18-wheeler crashed into to back of our client’s car. The reason: the driver was watching a college baseball game on his phone while driving! In a truck, however, the margin for error is much smaller and the consequences of distraction much greater.
4. Improper Maintenance
Trucking companies are required to maintain their fleets to prevent mechanical failures. However, faulty brakes, worn tires, and other preventable issues are common contributors to accidents. Skipping inspections or ignoring warning signs to save money or time is a dangerous and negligent practice.
5. Overloading and Improper Cargo Securement
Overloaded or improperly balanced trailers can cause trucks to tip over, jackknife, or fail to stop in time. When cargo is not properly secured, it can spill onto highways, creating life-threatening hazards for all motorists. This failure to properly load cargo onto trailers is also a great danger for the truck drivers themselves or others involved in the unloading process, as the load can fall off when cargo securement straps are removed.
Who is Liable?
In cases of negligence, both drivers and trucking companies may be held liable. While the driver is responsible for operating the vehicle safely, the company may be culpable for:
- Encouraging or forcing illegal driving hours
- Failing to conduct background checks or drug tests
- Overlooking maintenance issues
- Ignoring safety protocols
Some trucking companies even use third-party contractors to obscure liability, making it harder for victims to seek justice.
Victims Pay the Price
The aftermath of a truck accident is devastating. Survivors often face lifelong injuries, including spinal damage, traumatic brain injuries, and loss of limbs. For families of victims, the emotional and financial toll can be overwhelming. Medical bills, loss of income, and ongoing care needs can ruin lives — all because of preventable negligence.
The Path Forward
Improving safety in the trucking industry requires stronger enforcement of existing regulations and more accountability. Technological tools like electronic logging devices (ELDs), automatic braking systems, and lane departure warnings can help, but they are only part of the solution. A culture of safety must be prioritized over profits. Collision avoidance technology (CAT) is available for most commercial trucks these days. But too often, trucking companies don’t want to spend a few extra dollars on trucks with this important safety technology, nor do the manufacturers want to put this CAT safety technology on all its trucks, because of the extra costs involved. But doesn’t safety take priority over a few extra dollars?
Lawmakers, regulators, and the industry itself must take a firm stand against negligence. Likewise, those affected by trucking accidents should know their rights and seek legal recourse when negligence leads to injury or death.
Conclusion
Trucking companies and drivers carry a heavy responsibility — literally and figuratively. When they fail in that duty, the cost is often measured in human lives. At Daniels Law Firm, we have been representing families devastated by the negligence of trucking companies for over 30 years. If you or your family have been victims of a trucking company’s negligence, the first thing you need to do is hire a qualified attorney early on. Trucking companies have their “rapid response” teams who hit the scene immediately to try and minimize their exposure. You need the same team. Contact us today and we’ll jump to action. Never forget one of our slogans at Daniels Law Firm: “we won’t be outworked “. Call us today for a free consultation.