The rising number of autonomous vehicles makes determining fault after an accident more difficult. Someday all motorized vehicles will likely be self-driven, but until that point, humans and machines must work together. Determining fault after an accident with human drivers is not straightforward. Factoring in non-human drivers brings up even more questions. An experienced truck accident attorney can provide guidance after an accident involving automated trucks.
Profits Push Technology Forward
There are around 1.7 million truck drivers and another 1.7 million taxi, delivery and bus drivers in the U.S. Carmakers are aggressively pursuing automated vehicles to save on human labor costs and to save lives on the road.
Automated vehicles will likely be much safer than those operated by humans, who can be tired, distracted, under the influence, or simply slow to react. However, humans and robotic vehicles are going to coexist until the technology is advanced enough to make human operation unnecessary.
The eventual goal is for big rigs to travel without a human driver. Trucks would be able to operate around the clock. More automated vehicles on the road interacted with human drivers will increase opportunities for accidents.
New Laws will be Necessary
More than 3,000 people were killed each year from 2012-2014 in crashes involved big rigs. Most accidents involve human error in some form. HAVs would not make human mistakes.
On September 20, guidelines for highly autonomous vehicles (HAVs) by the National Highway and Transportation Safety Administration were introduced.
Autonomous vehicles must be able to meet a variety of behavioral competencies, including:
Merging at low and high speeds
Responding to speed limit changes and speed advisories
Detecting and responding to oncoming or encroaching vehicles
Detect traffic signals and traffic signs
Navigate parking lots and parking spaces
Follow all local and state laws
While full automation is probably years away, at least partially automated vehicles, including big rigs, are here now. Their numbers will only continue to increase.
Who is to Blame After an Accident?
The big question is, who is to blame for an accident? When humans and machines are driving together, it will be all too easy to blame the person. Determining which vehicle is at fault, when partial or total automation is involved with humans, will be difficult. This gray area can best be addressed by a knowledgeable truck accident attorney.
According to Virginia State Police, 38-year-old Felimon V. Aizpuro II and 50-year-old Debbie S. Huffman both died in a dump truck backover accident at the intersection of routes 11 and 340 in Augusta County during a highway maintenance project. Huffman was killed instantly. Aizpuro died of his injuries a short time after medical help arrived on the scene. The accident occurred at approximately 3:30 p.m. when visibility was good. Investigators say another worker apparently motioned to the driver that the path was clear for him to back up and drop his load of asphalt. All persons involved worked for the same paving company.
A common tragedy on job sites
The Bureau of Labor Statistics reports that 443 struck-by deaths occurred at highway construction sites from 2003 to 2010. The bureau estimates that 143 of those fatalities were due to backover accidents. Seventy workers were killed in backover accidents in 2011. Backover accidents happen for a variety of reasons. A truck injury lawyer can advise people who have lost a loved one due to a backover accident on their rights and the best course of action.
How do backover accidents happen?
All trucks and other heavy equipment used on job sites should have backing alarms that sound automatically when the equipment is in reverse. These alarms are sometimes drowned out by other worksite noises. Some fatalities occur due alarms not functioningproperly. Workers on foot should wear high-visibility personal protective equipment, but truck drivers may not be able to see workers in their blind spot. Drivers rely on spotters to assure them the path is clear before backing up. If the designated spotter is distracted or busy with another truck, drivers may assume the area is clear or call upon a worker who is not trained to direct heavy equipment. Some backover accidents are due to a combination of factors.
Preventing backover fatalities
The Occupational Safety & Health Administration (OSHA) has established a number of standard operating procedures. Proper education of all personnel on the high risk of backover accidents is crucial. People on foot may not be aware of a truck driver’s blind spots. Video cameras with in-vehicle display monitors offer another way drivers can see what is behind them. Proximity detection devices can alert drivers if they are close to a person or other object. At the start of each shift workers should inspect equipment and review verbal and non-verbal communication signals.
Drowsy truck drivers are a dangerous and deadly threat to public health. It’s estimated that truck crashes cost the US economy roughly $99 billion a year in the form of lost wages, lost commerce, and expensive medical bills. It is estimated that roughly 30% of fatality, and 15% of injury crashes involving large trucks are caused by truck driver fatigue.
Fatalities are Rising
In 2013, 3,964 individuals were killed in accidents involving large trucks. 586 of these fatalities were truck drivers or their passengers. These statistics show that when a large truck is involved in an accident, it’s the occupants of the smaller passenger vehicle that are at the greatest risk. The fatality rates are increasing and 2013 was the fourth year in a row that they rose.
Driver Shortage Exacerbates Problems Caused by Fatigue
Fewer drivers mean companies are requiring more and more drive time from their drivers. Large trucking companies have been reporting up to 90% turnover every year since 2012. As the hours get longer, and the hauls even further, more and more drivers are leaving the industry. As of now, it is estimated that there is a shortage of drivers exceeding 35,000. This means that more and more companies are hiring inexperienced drivers to fill slots vacated by more experienced drivers. The more inexperienced the driver, the greater the likelihood that they will be involved in an accident involving fatigue, driver error, or other cause that a seasoned driver may not make.
Trucks are Disproportionately Dangerous
The NTSB estimates that trucks account for less than 10% of all road miles driven each year. However, they are involved in approximately 1 in 8 fatality accidents. 7% of drivers self-report having fallen asleep at the wheel, and a total of 13% report fatigue as a contributing factor to crashes they have been involved in. When driver fatigue is combined with crowded highways and busy intersections, it is other motorists who pay for the driver’s lack of sleep. Even minor fatigue can cause significant loss of focus and inattention to the road that can cause an accident.
Individuals who have been involved in an accident involving a semi-truck driven by a fatigued driver should contact a semi-truck accident lawyer. When a fatigued truck driver causes an accident, they are responsible for the physical injuries and property damage, as well as the loss of income, companionship, and quality of life that their lack of sleep leads to.
According to the United States Department of Transportation, larger, heavier trucks are associated with a higher risk for serious large truck accidents than smaller, single trailer trucks. Not surprisingly, law enforcement officials, safety leaders, elected officials and even individual truck drivers themselves agree. In fact, a recent poll reveals that an alarming 95 percent of law enforcement officers who were surveyed feel that longer, heavier trucks will be more dangerous. Additionally, an estimated 88 percent of individual truckers who were asked believe that the increased use of larger trucks will negatively impact the safety of America’s roadways.
Large Truck Weight Limits
Large truck weight regulations have been the topic for debate for decades, and in September of 2015, the Safe, Flexible and Efficient Trucking Act was introduced to the House. Fortunately, the amendment that would have raised large truck weight limits to an alarming 91,000 pounds was rejected. Because heavier trucks are more difficult to steer, can become top-heavy and more prone to rollovers, and take a longer distance to stop, the added weight could have posed significant dangers to everyone on the road. Additionally, the heavier trucks would have caused more damage to the roads than the typical 80,000 pound trucks do, causing poor infrastructure that would endanger the lives of motor vehicle operators and their passengers. Sadly, in an effort to transport an increased amount of cargo, many trucks continue to be overloaded, exceeding the federal weight regulations.
Extending the Length of Twin-Trailers
The weight of large trucks isn’t the only issue at hand, however. The Coalition for Efficient & Responsible Trucking (CERT) supported a proposal to increase the maximum length of twin-trailer semi-trucks last year as well. Current regulations allow double-trailer rigs to have trailers that are a maximum of 28 feet long. Advocates aimed at increasing that length to 33 feet to increase the amount of cargo that truck drivers could transport in a single trip. While it is true that the legislation would have likely resulted in fewer trucks being on the nation’s roads, the dangers associated with the longer trucks significantly outweighed the benefits of less congestion.
Smaller cars and pedestrians can already be difficult for truckers to see, and longer trailers would only make that worse. Passing and merging would become more difficult, and the added trailer length would cause these trucks to have a 22-foot longer stopping distance. Fortunately, the language to lengthen twin-trailers was not approved.
Semi truck accident attorneys see lots of accidents where truckers are fatigued or have logged too many hours. E-logs are supposed to remedy this situation. Many trucks must have an e-log device in the next two years, but over 10,000 independent truckers are challenging that ruling in court. They claim that the e-logs are are a violation of privacy and constitute unlawful tracking.
E-log books electronically log a trucker’s hours and location. They don’t monitor changes in duty, however. Truckers must record the changes from rest periods to driving manually, which raises the question of whether or not e-logs are truly more accurate than paper ones.
The other point of contention comes from the fact that these devices will be monitoringtruckers‘ movements and location while they are on the job. While this may seem safer, and make it easier to know where truckers are, some independent truckers claim that it is illegal tracking.
One survey shows the impact this law could have on the trucking industry. 15% of truckers are already using electronic logs or will purchase them in the near future. Another 32% said they will wait until they are sure the law will stick before purchasing an electronic log. The law only affects trucks made after the year 2000. 10% of truckers say that they won’t change anything because they drive a truck made before 2000. Another 6% say that they run short haul so the law won’t apply to them. 23% say that they will quit the trucking industry before the regulations take effect, and another 10% claim they will quit if they can’t find a truck made before 2000.
One interesting argument from truckers is that this will force drivers to drive when they have the “legal hours” to do so. While a trucker with a paper log book may decide to make up time after resting, they claim the electronic log book will put a stop to that. While this sounds more safe, if the driver was up most of his rest period for a personal reason or very sick, they will be tempted to drive whether they feel well or not.
The fourth amendment means that a person can’t be stopped or even monitored without probable suspicion of illegal activity. Independent truckers say that these electronic log books are a way of monitoring drivers for law enforcement purposes, and the only way to do that legally is with a warrant.Categories
Despite the attention that distracted driving and large truck accidents has had in the media over the last few years, and federal laws which are geared towards reducing the number of accidents due to distracted driving, recent investigations reveal that distracted driving still remains a problem for truck drivers. In fact, distracted driving plays a role in an estimated 8 percent of large truck accidents each year. While 8 percent doesn’t seem like a number of much magnitude, when an individual considers that there are approximately 4,000 fatalities due to large truck accidents in the United States each year, and an estimated 284 injuries each day caused by accidents with big rigs, 8 percent is actually a large number.
Since safety advocates first began evaluating the issue of distracted driving and the big rigs, the use of cellphones has been a major focus. In 2012, a federal law went into effect banning the use of handheld cellphones while operating a commercial truck. The law includes interstate truck drivers and bus drivers as well as drivers who transport “placardable quantities of hazardous materials”.
The Dangers of Using Cellphones While Driving
Countless commercial vehicle drivers still use their cellphones regularly while driving, but the effects of doing so can be catastrophic.
Research shows that commercial motor vehicle operators who use their cellphones to text while driving are 23 times more likely to become involved in an accident or safety critical event than drivers who did not text and drive.
Truck drivers who use their cellphones to place or receive calls and performed other operations that required dialing were 6 times more likely to experience an event than those who avoided such cellphone usage.
Drivers who reach for a cellphone or other object in such a manner that interferes with a safe driving position are approximately 7 times more likely to become involved in a safety critical event.
Drivers typically take their eyes off of the road for between 3.8 and 4.6 seconds when texting or dialing. During that short period of time a commercial vehicle traveling approximately 55 mph. will cover more ground than a football field- an estimated 300 ft.
While using handheld devices is strictly prohibited, using them in a hands-free manner is generally acceptable. Any hands-free device needs to be within close proximity to the trucker. Additionally, the federal regulations regarding cellphones do not apply to devices used for dispatching unless texting is involved.
The Penalties for Driving and Using Cellphones
For those who are caught texting or using handheld cellphones while operating a motor vehicle, the penalties can be severe.
Drivers can face fines of up to $2,750
Second and subsequent offenses can result in the truck driver being placed out of service for up to 120 days.
Violations will have a negative impact on the employer’s Safety Measurement System rating.
Employers can be fined up to $11,000 if they require or knowingly allow their truck drivers to text or use hand-held cellphones while operating a commercial vehicle.
Violations of the law are considered to be serious traffic violations and penalties are taken with consideration of the existing Federal Motor Carrier Safety Administration guidelines.
In addition to the above stated penalties, drivers who violate the law could be subject to whatever punishments their employer wishes to dish out in accordance to their own policies. Since many companies have policies that are similar to those regulations set forth by the federal law, and truckers who use handheld cellphones while driving are at a higher risk for accidents, they are like lawsuits waiting to happen. Termination of employment upon violation of the law is common.
Although many states have not set their own laws regarding commercial vehicles and cellphone usage, truckers should be aware that they are still required to follow the regulations set forth by the federal law when traveling interstate, regardless of the state they are in.
Other Forms of Distracted Driving Among Truck Drivers
Unfortunately, using cellphones while driving is not the only form of distracted driving that effects truckers and their risk of accidents. The unique lifestyle that goes along with trucking brings with it a strong temptation, and sometimes necessity, to perform other tasks while driving. Two of the more common distractions among truckers are:
Eating or Drinking: Due to strict deadlines, many truckers don’t have the time to pull over and eat when they are hungry. Therefore, they often grab something to go and eat on the road to make deliveries on time.
Reading Maps or GPS Screens: Since truckers often travel in areas that they are unfamiliar with, it is an extremely common practice for them to take their eyes off of the road to look at directions.
