The freight transportation world plays a crucial role in the global economy. These freight trucks carry everything from perishable goods to oversized equipment. While these vehicles are essential for meeting diverse shipping needs, their involvement in accidents can lead to complex legal battles. In this article, we delve into the legal landscape surrounding cargo catastrophes involving freight trucks.
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Causes of Freight Truck Accidents
Freight truck crashes can be more dangerous than other vehicles. That’s because trucks are usually larger and carry heavy loads. As stated by the Insurance Institute for Highway Safety (IIHS), at least 4,714 people died in truck collisions in 2021. It is a 17% increase from 2020 numbers.
Freight truck accidents can result from various factors, often involving a combination of human error, environmental conditions, and mechanical issues. Understanding the causes of these accidents is crucial for improving safety and implementing preventative measures. Here are some common causes of freight truck accidents:
- Driver fatigue: Driver fatigue refers to tiredness or drowsiness experienced by a person operating a vehicle. It can impair a driver’s ability to stay alert, make quick decisions, and react promptly to changes in the driving environment. Fatigue can result from insufficient sleep, long hours of driving, monotonous road conditions, or an untreated sleep disorder. It poses a significant risk of accidents as it can lead to impaired concentration and slower reaction times.
- Distracted driving: Distracted driving refers to engaging in something that can make the driver lose his or her attention. These distractions can be visual, manual, or cognitive.
- Speeding: Speeding refers to driving a vehicle at a speed that exceeds the posted speed limit or is too fast for the road conditions. It is a common traffic violation and a major contributor to road accidents. Driving at high speeds reduces a driver’s reaction time, increases the severity of collisions, and impairs the ability to control the vehicle.
- Inadequate training: Insufficient training for truck drivers, particularly in handling large and heavy vehicles, can contribute to accidents. Proper training is essential for understanding the unique challenges of operating a freight truck.
- Mechanical failures: Poorly maintained trucks are more prone to mechanical failures, such as brake malfunctions, tire blowouts, and engine problems. Regular maintenance is crucial to preventing accidents caused by equipment failures.
- The fault of other vehicles: Truck collisions can also result from the fault of car drivers. According to an article from Tampa Bay Newswire, cars are the cause of most truck accidents in the US. Commercial truck drivers receive much training, but light motor vehicles do not. They often drive into the blind spot for the truck drivers.
The Legal Landscape
The trucking industry is one of the most profitable in the country and has been for decades. Every year, trucks transport millions of tons of freight across America. According to energy.gov, freight trucks moved around 12 billion tons of goods in 2021.
While moving these goods, they have also been a part of numerous collisions. The legal landscape of these truck accidents differs from regular car crashes.
According to TorHoerman Law, the legal landscape of freight truck accidents differs from regular car collisions due to various factors. These factors include the size and weight of commercial trucks, federal regulations, and the potential severity of the consequences.
Given these differences, individuals involved in freight truck accidents should seek legal counsel. Consulting with an experienced attorney is crucial to navigating the complexities of freight truck accident cases. They should also understand these differences, and the best way to do so is by reading online resources and guides.
For instance, someone involved in such a collision should read an ultimate truck accident lawsuit guide. An ultimate guide will cover information about filing a lawsuit, finding an attorney, etc. This information can prove vital in helping you win your case against the freight truck’s driver and owner.
Here are some key aspects that distinguish the legal aspects of freight truck accidents:
Regulatory Framework
The regulatory framework for commercial trucks differs from that for regular vehicles due to the unique challenges and risks associated with the operation of large vehicles. Here are the key differences in brief:
- Licensing and endorsements: Commercial truck drivers typically require a commercial driver’s license (CDL) with specific endorsements indicating their ability to operate vehicles with particular characteristics (e.g., hazardous materials, double trailers).
- Weight and size restrictions: Commercial trucks often face stricter limitations on weight and size to ensure road infrastructure integrity and safety. They may require special permits for oversized or overweight loads.
- Inspection and maintenance: Commercial trucks undergo regular inspections, and there are stringent maintenance requirements to ensure their safe operation. Compliance with these standards is crucial for preventing accidents caused by mechanical failures.
- Electronic Logging Devices (ELDs): Commercial trucks are required to use ELDs to record driving hours accurately, replacing traditional paper logbooks. ELDs help enforce Hours of Service (HOS) regulations and enhance compliance.
- Hazmat regulations: Trucks transporting hazardous materials are subject to additional regulations to mitigate the risks associated with such cargo. This includes specific training and certification requirements for drivers.
Potential Severity
Due to the sheer size and weight of freight trucks, accidents involving these vehicles are more likely to result in serious injuries or fatalities. The severity of the consequences can influence legal proceedings, including the potential for higher damages.
Multiple Parties Involved
Other parties may be involved besides the truck driver. For instance, the trucking company, the truck or trailer owner, and possibly the manufacturer can be involved. Determining liability may involve multiple entities, making these cases more complex.
Insurance Coverage
Commercial trucks typically carry higher insurance coverage than regular passenger vehicles due to the potential for more extensive damages and injuries. This can impact the available resources for compensating victims in the event of an accident.
Evidence Collection
Commercial trucks often have electronic control modules (ECMs) or “black boxes” that record vehicle operation data. This data can be crucial in reconstructing the events leading up to an accident and determining liability.
Expert Witnesses
Truck accident cases may require the involvement of specialized experts, such as accident reconstructionists or professionals familiar with the trucking industry’s standards.
Cargo Catastrophes in Extreme Weather Conditions
Extreme weather conditions can cause cargo catastrophes. Cargo that is not properly secured, for example, can be blown out of the back of a truck and onto the highway. This is especially true in areas that experience high winds or heavy rains.
Adverse weather conditions make driving vehicles more challenging than usual. Drivers must adjust their speed and driving behavior to account for these conditions. However, if the driver is not trained enough, these weather conditions can lead to collisions.
According to a Forbes article, 13% of large truck accidents occur due to bad weather. Apart from affecting visibility, ice on the road, along with slicks, can cause crashes. Wind and rain are also responsible.
While the cargo industry is booming, it’s also growing more complex. The logistics of transporting goods is becoming increasingly complicated, with new technologies and methods for moving products worldwide. This means that trucking companies must consider their options carefully before deciding how best to protect themselves from potential accidents or injuries on their roads.
