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Trucking Accidents: Common Causes & Liability

by Attorney Thomas D. Fazioli

Learn about the common causes of trucking accidents and who might be liable.

If you are the victim of a trucking accident, the questions of who is responsible and what actually caused the accident are often much more complicated than in a simple traffic accident. There are many players involved, from the driver to the owner of the truck, and getting information about what went wrong often requires some industry know-how.

Understanding the common reasons for trucking accidents, and the relationships among the persons and entities connected to the truck, the trailer, and the load, will help you determine whether you have a valid claim and how you will present your case.

Truck Accident Statistics

Over the past two decades, the number of truck accidents has increased by 20%. According to the Federal Motor Carrier Safety Administration (FMCSA), in 2002, 4,897 individuals died and 130,000 people were injured in crashes that involved a large truck. And even though large trucks are only responsible for 3% of injury-causing motor vehicle accidents, trucking accidents typically cause much greater harm than ordinary traffic accidents due to the large size and heavy weight of most trucks.

Laws Governing Truck Accidents

Federal laws and regulations govern the trucking industry. These laws establish certain standards that trucking companies, owners, and drivers must meet, and often determine who is responsible for a trucking accident. The bulk of federal regulations dealing with the trucking industry can be found in Title 49 of the Code of Federal Regulations.

Agencies that regulate truck driving include the U.S. Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA). Every state also has a department of transportation with its own set of trucking regulations.

Who Is Responsible?

When it comes to truck accidents, there is a web of players who may be responsible for a victim’s injuries, including:

• the truck’s driver
• the owner of the truck or trailer
• the person or company that leased the truck or trailer from the owner
• the manufacturer of the vehicle, tires, or other parts that may have contributed to the cause or severity of the accident, and
• the shipper or loader of the truck’s cargo (in cases involving improper loading).

The trucking, hauling, and leasing companies often argue among themselves over whose insurance will compensate the victim. For example, the truck company might claim that the accident was caused by defective brakes. In turn, the brake company might then point the finger at the leasing company, claiming that it failed to maintain the brakes in good working order.

Can Trucking Companies Avoid Liability?

In the past, trucking companies often tried to avoid liability for trucking accidents by creating distance between themselves and the driver, the vehicle, and the equipment. Here’s how they did this:

The trucking company obtains the necessary permits to operate the truck. However, the company often does not own the tractor, trailer, or equipment used to haul the goods. Instead it leases (rents) the equipment, tractors, and trailers from the “owner/operator.” The trucking company also does not directly employee the drivers. Instead, it hires them as independent contractors from the owner/operator.

The trucking company gives the owner/operator a “placard,” which includes the name of the trucking company and its permit numbers. The placard is then affixed to the door of the tractor -- which makes it seem like the truck is owned by the named trucking company and the driver is an employee of the named trucking company.

If the truck is in an accident, and the trucking company is sued, it would argue that:

• the driver was not the trucking company’s employee, so the trucking company is not liable for driver error, or
• the trucking company does not own the equipment, so it is not responsible for the operation, maintenance, repair, and inspections of the equipment.

Luckily, federal laws and regulations have put an end to these arguments. Under current federal law, any company owning a trucking permit is responsible for all accidents involving a truck that has its placard or name displayed on the vehicle. It doesn’t matter what the lease says with the owner/operator or whether the driver is an employee or independent contractor.

Determining What Caused the Accident

Traditionally, accident victims had to rely on police reports and witness statements to understand how and why an accident occurred. Today, there are other key ways to get information about an accident: information from government agencies and data from high tech devices.

Contact Government Agencies

Federal and state regulations require that a certified truck inspector (usually a member of the reconstruction division of the state police) inspect any commercial truck and trailer involved in an accident before it is removed from the scene. This report reveals the condition of all of the important mechanical parts of the truck and trailer. These reports are not part of local police report. Instead, they must be obtained from the appropriate government agency. 

Preserve Data From High Tech Devices

When a plane crashes, the first thing officials recover is the “black box” -- a device that records data that assists with the investigation. The trucking industry is now using devices similar to black boxes that record all sorts of information, including how fast the truck was going, patterns of speed, when the driver used his or her breaks -- and even how long the driver had been on the road.

Many of these devices are also used in the automotive industry, such as on-board computers and global positioning systems (GPS). Others are specific to the trucking industry such as inclinometers, which are devices that provide information about the angles of a slope and how to round corners safely.

If you are in a trucking accident, it is critical that you make sure data from high tech equipment is preserved. Otherwise, it might be erased as part of the regular routine of the company.

Common Causes of Truck Accidents

The most common causes of truck accidents are driver error prior to and during the trip, mechanical failures, weather conditions, road design, and traffic signal failures.

Driver Error

The most common cause of trucking accidents is driver error. In fact, drivers of large trucks are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance, according to a recent study released by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA found that the action or inaction by drivers was the critical reason for 88 percent of crashes.

Factors such as the use of prescription and over-the-counter drugs, speeding, fatigue, inattention, distractions, work environment, and unfamiliarity with the road all can contribute to driver error. But by far the most common causes of trucking accidents are driver fatigue and sleep deprivation.

Equipment Problems

The next most common cause of truck accidents is equipment failure. This can include manufacturing mistakes (defective tires) or design errors (failure to provide backing warning or object detection systems). However, most mechanical causes of truck accidents are caused by a failure to properly maintain the equipment. Some examples include:

• removing or depowering the front brakes, which can cause a truck to jackknife
• brake failure due to inadequate adjustments
• tire blowouts due to wear
• improper securing or load distribution, contributing to truck rollover
• defective steering
• improper trailer attachment
• defective side or rear lighting, and
• transmission failure.

Getting Help

Because the web of players in the trucking industry can be complicated and getting information from the right sources may require some industry know-how, you may want to get advice or representation from a personal injury lawyer.

For help on choosing a good truck accident lawyer, read Nolo’s article

Bike Accidents: Collisions With Cars at Intersections

by Bob Mionske

Learn about liability when bikes and cars collide at intersections -- and how to avoid these crashes and accidents.

Although intersections represent a relatively small portion of a cyclist’s travel route, they are where a cyclist is most at risk of getting hit by a car or otherwise involved in a car accident. Only 11% of bicycle accidents involve a collision with a car; but of these, 45% take place in intersections. (Contrary to popular fears, the majority of bicycle accidents -- 59% -- involve only the cyclist, who loses control of the bike and crashes.)

In order to minimize the risk of intersection accidents with cars, cyclists need to maximize their visibility, understand the rules of the road, learn to recognize some of the most dangerous intersection hazards, and take safety precautions when approaching and riding through an intersection.

It also pays to learn the basic legal rules of liability -- that is, who is responsible for an accident. Cyclists who don’t follow road rules or don’t keep a proper lookout might be deemed responsible for an accident. And cyclists who do follow the rules of the road but are nevertheless hit by a driver who doesn’t follow the rules of the road may be surprised to find that the driver and police blame the cyclist for the crash.

So to avoid liability for an accident after being hit by a car, cyclists must understand -- and follow -- both the basic legal rules of liability and the rules of the road.

How to Avoid Bike Accidents at Intersections

Intersections pose a special risk to cyclists for many reasons: Cars often underestimate the speed of a bike; cars often don’t expect bikes to be on the road so car drivers aren’t watching for bikes; and even if cars are on the lookout for bikes, they sometimes just don’t see them because bikes are smaller and can blend into the background (due to the biker’s clothing, the sun, and other factors).

Cyclists should keep this in mind and take extra precautions to avoid accidents at intersections by:

• increasing the visibility of the bike and cyclist (with front and rear lamps, reflective clothing, and brightly colored clothing)
• being on the lookout -- a legal requirement for bikes and cars alike
• riding defensively, and
• learning to execute emergency maneuvers to avoid collisions. The free pamphlet, Bicycling Street Smarts, provides information on such maneuvers (see www.bikexprt.com, click “My Publications” then “Bicycling Street Smarts"). Also, the League of American Bicyclists provides information on classes that teach emergency maneuvers (see www.bikeleague.org, click “Programs,” then “Bike Education”).

Who is at Fault -- the Bike or the Car ?

Legally speaking, in nearly every state a bicycle is considered to be a “vehicle” and therefore, just like motorists, cyclists must follow the rules of the road. When it comes to collisions occurring at intersections, liability usually boils down to who had the right-of-way -- the car or the bike.

Right-of-way rules: No traffic signals. Generally, when two vehicles approach an intersection not controlled by a traffic signal, the vehicle arriving first has the right of way. If the vehicles arrive at the same time, the vehicle to the right has the right-of-way. This is also the rule for vehicles approaching intersections controlled by stop signs -- the vehicle to the right has the right of way. If, however, the intersection consists of a minor street intersecting with a major street, then the traffic on the major street has the right-of-way.

Right-of-way rules: Traffic signals. The right-of-way at intersections controlled by signals is determined by the signal. If a signal sensor is unable to detect the presence of a bicycle, the cyclist can (1) position the bicycle closer to the sensors embedded in the road, and if that doesn’t work, wait until it is safe to cross against the light, or (2) cross at the crosswalk.

Having said that, there are other legal considerations that come into play depending on the type of intersection and whether the car is turning or going straight through. These different intersection situations require cyclists to use different defense techniques to avoid accidents.

Types of Intersection Accidents

Here are some of the more common situations when bikes and cars meet at intersections.

Accidents at Stop Signs

The most frequent type of intersection collisions, representing 9.7% of all intersection accidents, occur at intersections where the cyclist has a stop sign and the motorist does not. After stopping at the stop sign, the cyclist then rides out into the intersection in front of a car that has the right-of-way. Absent other factors, the cyclist is at fault. Most of these accidents occur among riders younger than age 15, indicating that a young person’s inability to accurately judge the distance and speed of approaching cars is the main factor in these accidents.

Second in frequency, representing 9.3% of all intersection accidents, is when the cyclist has the right-of-way on a street without a stop sign and the car approaches from a street that does have a stop sign. After stopping at the stop sign, the car then drives out into the intersection, in front of the cyclist who has the right-of-way. Absent other factors, the accident will be attributed to the driver. If, however, the cyclist is riding against traffic (as happens in 60% of these sorts of collisions), both the cyclist and the driver may be at fault.

The best way to avoid these accidents is to:

• maximize your visibility
• keep a proper lookout when approaching an intersection, and
• adjust your lane position to the left as you approach an intersection so that you are more visible to drivers.

Never Ride Against Traffic Because bicycles are considered “vehicles” and must obey traffic laws, cyclists who ride against traffic are breaking the law. Not only that, riding against traffic is dangerous and accounts for a large portion of bike accidents. Drivers don’t expect to see bikes coming the wrong way, which leaves those cyclists susceptible to collisions. Also, when a cyclist rides against traffic, there is often little time to maneuver away from an imminent collision. Finally, wrong-way cyclists pose a risk to the cyclists riding with traffic. Avoiding accidents caused by wrong-way cycling is easy: don’t do it.

Bike’s Failure to Yield

Representing 7.1% of all intersection accidents, this is the third most frequent type of intersection accident. The cyclist stops at the intersection, which may be either controlled or uncontrolled, and then rides into the intersection without yielding -- perhaps because she didn’t see the car or misjudged the car’s distance or speed. Often, the cyclist is young. In these accidents the cyclist is usually at fault.

Car Turning Left: The “Left Cross”

In this accident, the motorist and bicyclist approach the intersection from opposite directions, and as they enter the intersection, the motorist turns left, colliding with the cyclist. Usually the motorist doesn’t see the cyclist or misjudges the cyclist’s speed. In most cases, the driver of the car will be liable to the cyclist.

The cyclist can take safety measures to reduce the risk of these accidents:

• maximize your visibility
• adjust your speed at the intersection so that you can brake quickly if necessary
• consider taking the entire lane through the intersection to increase your visibility to cars (the trade-off of this approach is that you may annoy motorists behind you), and
• don’t attempt to cross the intersection by riding into the crosswalk from the sidewalk -- this makes it even more difficult for the motorist to see you.

Car Turning Right: The “Right Hook”

There are several ways that accidents can happen when cars make right turns at intersections.

• The car passes a bike as both approach an intersection, and then the car turns right at the intersection, cutting the cyclist off.
• The bike passes a slower car on the right, and the car makes a right turn into the bike.
• The car and bike are waiting at a light. The car turns right when the light changes, cutting off or perhaps hitting the bike.

In most of these situations, the car will be at fault. But again, regardless of fault, a cyclist can take measures to reduce the chance of such an accident.

• Keep a proper lookout -- use a mirror, and check your mirror as you approach the intersection.
• Be prepared to brake suddenly in case a car cuts you off.
• Adjust your lane position by riding closer to the car lane or taking the entire right lane as you cross the intersection.
• Consider crossing at the crosswalk -- but note that riding into the crosswalk from the sidewalk puts you at risk of being hit by both left and right-turning drivers, who won’t be expecting a cyclist to suddenly enter the crosswalk. You can reduce your chances of being hit in the crosswalk by walking your bike across, as a pedestrian.
• Never pass a car on the right at intersections or driveways. Either slow down to match the pace of the car or take the lane and pass on the left.
• Avoid being in a car’s blind spot while approaching from behind or while waiting at traffic lights.
• Use a “bicycle box” where available. (Portland, Oregon is beginning to experiment with these European innovations). These position cyclists ahead of other vehicles at intersections.

Why Liability Matters

The ultimate goal of safe cycling is to avoid accidents altogether. But cyclists who violate right-of-way rules also face another potential hardship -- if an accident results, they might be found at fault for the accident. This means if the motorist is hurt or the car is damaged, the cyclist will be responsible. And if the cyclist is hurt, he or she may not be able to recover for injuries, medical expenses, lost wages, or pain and suffering.

The “almost stop.” One liability rule bears special mention. In some states, if the cyclist doesn’t come to a complete stop at an intersection, the cyclist may be barred from any recovery, even if the motorist is mostly responsible for an accident. This may be true even if the cyclist came to an “almost stop”. In order to preserve your rights, you must come to a complete stop when required to by law, although, contrary to popular misconception, you are not required to put a foot down to come to a complete stop.

For a complete discussion of almost every type of bike accident imaginable, including issues of liability and safety tips for avoiding them, get Bicycling & The Law: Your Rights as a Cyclist, by Bob Mionske (Velo Press).