Introduction
Large trucks are defined as any medium or heavy truck, not including buses and motor homes, with a gross vehicle weight rating greater than 10,000 pounds. In recent years, the National Safety Council (NSC) has reported an increase in large truck accidents.[i] In 2021, though only 5% of all registered vehicles were large trucks, they comprised 9% of all vehicles involved in fatal crashes. 5,700 large trucks were involved in a fatal crash, which is an 18% increase from 2020 and a 49% increase in the last 10 years. Injury crashes involving large trucks have also increased 15% from 2016 to 2021.
Due to the weight behind large commercial trucks, collisions can be devastating to victims in smaller vehicles. Commercial truck drivers must have a CDL (commercial driver’s license) and follow additional rules governing truck safety[ii], but these precautions to protect other drivers sharing the road are not always enough to prevent the danger of the human factor: poor decision making. Speeding and distracted driving always pose a risk, but when combined with the forces involved in a semi-truck collision, the damage can be catastrophic. The following article explains how speeding and distracted driving impact safety where commercial truck drivers are concerned, as well as how an attorney can help you if you or a loved one has been in an accident with a large commercial vehicle.
Distracted Driving
Because truck drivers spend long hours behind the wheel, they are prone to distraction. Inattention and impairment, together, were found recently to be the second leading driver-related cause of fatal large truck accidents.[iii] Inattention and impairment include fatigue, illness, cell phone use, eating behind the wheel, and blood alcohol content.
The impact of distracted driving by truck drivers is not a new phenomenon. The Federal Motor Carrier Safety Administration (FMCSA), established in 2000 pursuant to the Motor Carrier Safety Improvement Act of 1999 (49 U.S.C. 113), functions to prevent commercial motor vehicle-related fatalities and injuries.[iv] The FMCSA works to enforce safety regulations, target high-risk carriers and commercial motor vehicle drivers, improve safety information systems and commercial motor vehicle technologies, strengthen commercial motor vehicle equipment and operating standards, and increase safety awareness. They work with Federal, State, and local enforcement agencies, the motor carrier industry, and labor and safety interest groups to support their stated mission and goals. Among their other responsibilities, the FMCSA develops standards to test and license commercial motor vehicle drivers, collects and disseminates data on safety, operates a program to improve safety performance and remove high-risk carriers from the nation’s highways, and coordinates research and development to improve the safety of commercial motor vehicles and drivers.
After conducting a study into the effects of distracted driving by commercial motor vehicles, the FMCSA concluded that tasks that draw the driver’s visual attention away from the roadway should be minimized or avoided, which resulted in a number of recommendations to attempt to address the safety risks posed by driver distraction in commercial motor vehicle (CMV) operations.[v] Cell phone usage was scrutinized to asses which interactions were higher risk and which tasks could minimize associated risks. The FMCSA determined that, while talking into headsets or using hands-free devices were protective measures, reaching for or dialing phones (i.e., texting while driving) were high-risk tasks. Activities that require manual manipulation and/or visual attention direct the driver away from focusing on the forward roadway “such that the driver is not effectively, or safely, operating the CMV.”[vi] Listening and talking are less risky, since they don’t draw the eyes away from the road, but they may still cause “cognitive distraction” that could increase risk of accidents. The final recommendations resulting from the FMCSA study include but are not limited to the following:
Fleet safety managers should engage and educate their drivers to discourage inattentive tasks and behaviors, including routine types like putting on sunglasses or adjusting the instrument panel.
Fleet safety managers should develop policies to minimize or eliminate the use of in-vehicle devices while driving.
Drivers should not use dispatching devices while driving.
Drivers should not read, write, or look at maps while driving.
Drivers should not text while driving.
When the study was conducted, texting while driving was a relatively new phenomenon. However, due to the increased risks and data to support prohibiting distracted driving, many states now have laws prohibiting all drivers from texting and driving. Where commercial truck drivers are concerned, the FMCSA recommended Federal law to limit CMV distracted driving, and such laws are now in effect. Safety measures for truck drivers crossing state lines include the “No Texting Rule”.[vii] This law defines texting as entering alphanumeric text into, or reading text from, an electronic device, to include emails, instant messages, commands, or web browsing. Anything beyond pushing one button to initiate voice communication is considered texting while driving and strictly prohibited. The penalties for texting while driving are not minimal: drivers can be fined up to $2,750, and employers who allow or require the use of hand-held communication devices for texting can be fined up to $11,000. Multiple incidents of texting while driving a CMV can result in driver disqualification.
More recently, due to the increase in incidents involving distracted CMV drivers, the FMCSA has invested resources in a Distracted Driving Campaign. The Distracted Driving Talking Points[viii] are of critical importance with the rise in fatal crashes: distracted driving claimed 3,142 lives on American roadways in 2020.[ix] In 2019, distraction or inattention was the second most common large truck driver-related crash factor, accounting for 261 fatal crashes.[x] The FMCSA is committed to ending fatal accidents resulting from driving distracted and discourages any activity that takes the focus off the road, including eating, drinking, interacting with navigational devices, and using cell phones. Because the large size and weight of CMVs increase challenges like acceleration, braking, and maneuvering, commercial truck and bus drivers have extra need to stay focused and attentive to the road. Commercial drivers should be encouraged by employers to pull over to take breaks and to get enough sleep to drive focused.[xi] CMV drivers are frequently providing a necessary service to keep our country functioning, but the importance of their role does not negate the additional measures they must take while driving. A collision of a large CMV with a small passenger vehicle can have devastating and severe consequences, and the heightened risk requires extra vigilance from commercial drivers and their employers to minimize distracted driving.
Speeding
Commercial trucks also need a greater distance to slow down and stop.[xii] This can make speeding even more dangerous in the hands of a commercial truck driver, which is why many roads impose lower speed limits for truck drivers. In 2020, speeding was the most common driver-related factor in fatal truck collisions. [xiii] Though interstate highway speeding may seem like the most common area of concern, rural areas are the higher-risk location. 55% of fatal truck accidents occurred in rural areas because less congestion makes truck drivers more likely to speed. Trucks can weigh 20-30 times as much as passenger cars, so most fatalities are suffered by vulnerable occupants of passenger vehicles.[xiv]
Due to the rise in serious incidents resulting from CMV drivers speeding, the FMCSA is also engaged in a Safe Speed Campaign.[xv] This new national outreach campaign is focused on the importance of observing speed limits to reduce speed-related crashes among CMV drivers.[xvi] In 2020, speed related crashes claimed 11,258 lives on American roadways, averaging over 30 people each day.[xvii] The FMCSA recommends that drivers prioritize safety by always maintaining a safe speed, always following the speed limit, and conducting pre-trip safety checks (for tires and brakes especially) to better control speed throughout a trip. Additionally, hazardous conditions like rain, sleet, or snow can increase the stopping distance for CMVs, making an appropriate driving speed even more important to avoid the risk of a crash. Posted speed limits, particularly on curves or ramps, are intended for passenger vehicles, so CMVs are advised to reduce their speed even further to avoid rollovers or collisions.
How an Attorney Can Help
A car accident is a stressful experience on its own, but when a large commercial vehicle is involved, the damage is often more severe, and the recovery issues are more complex.
New technology is used to make CMVs safer, and an attorney can help you navigate these issues to find and use the evidence you need in order to prove your case and recover for your loss. For example, Electronic Logging Devices (ELDs) are used to record a driver’s hours of service.[xviii] An ELD is an onboard computer system that includes messaging, GPS navigation, an electronic logging device, and more. The technology can retain a driver’s driving time and other aspects of the hours-of-service records by capturing data on whether the engine is running, if the truck is moving, miles driven, and the duration of engine operation. This can be used to determine whether a driver was fatigued or following driving time regulations. Additionally, GPS technology navigates and tracks a vehicles location, which can provide insight into the speeds the driver was going along their route based on the duration of the drive. Many CMVs have dash cameras now to record driver behavior and surroundings. An attorney can assist in obtaining the evidence to review the accident in those cases. Experienced attorneys are familiar with what particular safety rules apply (and may have been violated) in the case of commercial vehicles.[xix] Knowing what to be on the lookout for among all the evidence will help you build a case to recover for your loss.
Other evidence that can be helpful in a case involving a commercial vehicle is eye-witness testimony (especially where speeding or distracted driving are involved), police reports, cell phone records, and outside traffic or surveillance cameras. In some cases, liability for an accident may go beyond the driver and can also involve the trucking company (particularly if they encouraged driving too many hours without brakes, didn’t properly train drivers, or encouraged dangerous behavior like speeding or distracted driving). After investigating, an experienced attorney can help you determine who is responsible after an accident and what strategy would be best to pursue under your circumstances. Insurance companies and large businesses backing commercial truck drivers can exhaust individuals attempting to navigate their recovery after an accident alone. With an attorney negotiating on your behalf, you can better focus on your recovery and grief after a loss. Attorneys can help you receive fair compensation for lost wages, injuries, and other damages you may not be aware of after the initial shock of a serious accident. Lawsuits can take a long time to resolve, so you’ll want to keep detailed and organized records of the effects of the accident over time, but by hiring an attorney, you won’t have to face it all alone.
Conclusion
I am sorry if you are reading this because you have suffered serious injuries or the loss of a loved one after an accident with a large commercial vehicle. I hope that you found the above helpful. As you can see, large commercial vehicle accidents have different considerations than other types of lawsuits. This is why it’s so important to hire an experienced lawyer to help you. Over my career, I have successfully resolved many claims arising out of car accidents. I am licensed to practice law in North Carolina and Florida, and I co-counsel claims in other states. If you would like to learn more about me or my practice, click here. If you want to request a free consultation, click here. As always, stay safe and stay well.
[i] https://injuryfacts.nsc.org/motor-vehicle/road-users/large-trucks/
[ii] https://www.langinolaw.com/articles/commercial-truck-collisions-a-guide-for-the-injured/
[iii] https://www.forbes.com/advisor/legal/auto-accident/truck-accident-statistics/
[iv] https://www.fmcsa.dot.gov/mission/about-us
[v] https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/DriverDistractionStudy.pdf
[vi] https://www.fmcsa.dot.gov/sites/fmcsa.dot.gov/files/docs/DriverDistractionStudy.pdf at p. 24.
[vii] https://www.fmcsa.dot.gov/driver-safety/distracted-driving/no-texting-rule-fact-sheet
[viii] https://www.fmcsa.dot.gov/ourroads/distracted-driving-campaign
[ix] Id. Distracted Driving Campaign Talking Points citing: NHTSA Overview of Motor Vehicle Crashes in 2020.
[x] Id. Distracted Driving Campaign Talking Points citing: FMCSA Large Truck and Bus Crash Facts 2019.
[xi] Distracted Driving_One-Pager_081522_Delivery.pdf
[xii] “CMV Driving Tips - Following Too Closely.” FMCSA, U.S. Department of Transportation , 11 Feb. 2015, https://bit.ly/3N7ASn5
[xiii]https://www.forbes.com/advisor/legal/auto-accident/truck-accident-statistics/[xiv] https://www.iihs.org/topics/fatality-statistics/detail/large-trucks
[xv] https://www.fmcsa.dot.gov/ourroads/cmv-safe-speed-campaign
[xvi] Id. Safe Speed Campaign Talking Points.[xvii] Id. Safe Speed Campaign Talking Points citing https://www.transportation.gov/NRSS/SafeSystem[xviii]https://www.langinolaw.com/articles/truck-driver-at-fault-for-collision-ELD-Data/
[xix] https://www.langinolaw.com/articles/commercial-truck-collisions-a-guide-for-the-injured/
