Improperly loaded semi trucks can pose significant safety risks to the driver as wells as to other motorists and even pedestrians. The Federal Motor Carrier Safety Administration (FMCSA) has developed very clear and specific guidelines that truckers, truck loaders and trucking companies are supposed to follow. Unfortunately, not everyone abides by these rules, and severe truck crashes are often a result.
The Impact of Overweight Trucks
In 2014, the United States Department of Transportation issued approximately 8,000 citations for overweight semi trucks. When a large truck is overweight, the risk for crashes increases significantly. Load weight affects the truck’s downhill speed, stopping distance, and maneuverability. A heavier load also puts added stress on various components of the truck like the brakes and tires, which could cause them to fail and cause a crash. In the event of a sudden stop, an overweight truck has a higher chance of jack-knifing or rolling over as well.
When fully loaded, a semi truck typically weighs about 20 times more than the average car or small truck. The damages sustained by the smaller vehicles on impact are often severe. When a truck is overweight the impact realized in a crash is intensified, which is even more dangerous.
Improper Cargo Distribution and Securement
When a truck’s load is not distributed on or inside the trailer correctly, it raises the risk for a rollover accident. If a load is top heavy or the weight is not evenly distributed on both sides of the trailer, turns can be deadly. Crashes can occur even when a truck is loaded correctly, however, if that load is not adequately secured.
The FMCSA provides a guide for properly securing truck loads. When the right number of tiedowns are not used, tiedowns are placed incorrectly, or they are in poor condition, loads can shift or even break loose. In addition to tiedowns, dunnage or dunnage bags, and shoring bars are often used to secure loads. Improper placement or an inadequate number of these load securement tools can allow loads to shift as well. A shifting load can make turns or curves especially dangerous.
Who is Liable for Improperly Loaded Truck Crashes?
The truck driver, anyone hired to load a truck, and the trucking company can all be held liable for damages, injuries and wrongful death when a truck is overweight or its load is not properly secured and it causes a crash.
Federal agencies are proposing speed limiters on large trucks to reduce the number of accidents that occur each year from trucking accidents around the country. A Nashville truck accident lawyer sees trucking accidents on Tennessee highways that commonly result in serious injuries and fatalities.
Federal Proposals for Speed Limiters
The Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) recently released a long-awaited proposal that requires speed limiters on large, heavy-duty trucks. According to agency officials, speed limits of 60, 65 or 68 mph would be imposed through a special device, called a speed limiter, to all newly-manufactured vehicles with a gross vehicle weight rating of more than 26,000 lbs. According to the proposal, the NHTSA would require speed limiters for all trucks, public buses and school buses, and multipurpose passenger vehicles, while the FMCSA would only require them for commercial motor vehicles.
The proposed regulation for speed limiters would require truck manufacturers to activate speed limiters at the time of manufacture, as well as equipping trucks already on the road with engine control modules that are capable of restricting speed. For safety in both cases, federal agencies are proposing that trucks must have activated speed limiters for as long as the truck remains on the road.
The Potential Impact of Speed Limiters
Based on the review of available data, limiting the speed of large trucks and heavy vehicles would reduce the severity of injuries and potential fatalities caused by the impact from a crash. In Tennessee, accidents caused by heavy trucks often result in serious personal injury cases handled by a Nashville truck accident lawyer. The FHTSA suggests that speed limiters will save lives, as well as more than $1 billion in annual fuel costs, a plus for energy conservation and a cleaner environment. Studies show the following impact of speed limiters on large, heavy trucks:
A maximum speed limit of 60 mph would save between 160 and 500 lives annually
A maximum speed limit of 65 mph would save between 60 and 215 lives annually
A maximum speed limit of 68 mph would save between 27 and 97 lives annually
Although the 60 mph speed limit would have the most impact on safety, agency officials believe that the 65 mph and 68 mph alternatives will be more quickly accepted by truck manufacturers and drivers. Tennessee Department of Transportation officials are encouraged that speed limiters will help to reduce accidents and injuries. In Tennessee, serious, large truck rollover accidents are common on major highways. A Nashville truck accident lawyer often sees fatalities that result from rollover accidents. According to the FMCSA, approximately nine percent of all large truck crashes involve a rollover. Large truck rollovers account for approximately 3,000 injuries and 300 fatalities every year.
If the proposal for mandated speed limiters is approved, federal agencies are requesting roadside on-board diagnostic connections to ensure that set speeds are not adjusted. Diagnostics would read and report the set speed of the truck, as well as the previous two speed settings. In addition, all speed modifications would be recorded and dated.
Although the American Trucking Association petitioned the FMCSA and the NHTSA to mandate speed limiters on large trucks in 2006, federal agencies didn’t start drafting a proposal until 2011. Since then, the proposal has been stalled by various opposition groups, as well as the White House Office of Management and Budget.
Opposition to the Proposal
Although federal agencies are in favor of speed limiters, several other groups are opposed. The American Trucking Association is in favor of truck speed limiters, but not the proposed speed limits that would be mandated. The president of the American Trucking Association suggests that the FMCSA and the NHTSA has insufficient data to recommend three proposed speeds, and which speed is best and why. He also suggests that the proposed national speed limits for trucks allows passenger vehicles to travel at much higher speeds than trucks, creating increased safety risks for drivers, as well as more accidents and personal injury claims filed with a Nashville truck accident lawyer.
The Owner-Operator Independent Drivers Association (OOIDA), which has long been opposed to truck speed limiters, thinks that speed limiters are dangerous, not only for truck drivers, but for motor vehicle drivers and passenger as well. OOIDA states, “speed limiters will create speed differentials that increase accidents and promote driver confrontations on the road.” Todd Spencer, an OOIDA executive vice president, further states that “highways are safest when all vehicles travel at the same relative rate of speed.”
Agencies that oppose speed limiters are also concerned about retrofitting older trucks with engine control modules that are necessary to record speeds may be a problem. They are concerned about the costs of installing these devices on older trucks that require more frequent repairs and maintenance than newer trucks.
Speed is dangerous and is cited as a contributing factor in a considerable number of truck accidents. As the number of vehicles traveling America’s roads continues to increase, the Department of Transportation (DOT) is considering a proposal that would limit the top speed of commercial motor vehicles.
The DOT’s proposal would lower the speed limit to 60 MPH for commercial motor vehicles that weigh over 26,000 pounds. The rule would apply to semi-trucks, buses, and other large vehicles. DOT”s internal estimates show that this proposed rule change could save up to 500 lives per year.
The proposal has support from both the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration. These agencies all agree that reducing the speed limit would save lives, however, they disagree as to what the speed limit should be, and how many lives might be saved. Ultimately, it will be up to the DOT to set the final rule later this year. It is expected the the rule change will be met with considerable resistance from the trucking industry as the proposal could cost the industry upwards of $1.5 billion per year to comply.
Moreover, there are concerns that if commercial trucks are driving too slow, they will pose an even greater risk to motorists who could be traveling 10, 15, even 20 MPH faster at legal highway speeds. This could increase the number of semi-trucks that are rear-ended by motorists traveling at considerably higher rates of speed. In fact, the Owner Operator Independent Drivers Association has stated that the significant differentials in speed would increase the possibility of crashes several fold.
Truck wreck lawyers also point out that many trucks traveling down the road are doing so on tires that aren’t designed to handle speeds in excess of 75 MPH. This means that in states where the speed limit is greater than 75 MPH, these vehicles are inherently unstable and dangerous even though they are driving within the legal speed parameters. Tennessee is not one of these states as the maximum speed on state highways is 70 MPH.
The public has 60 days to comment on the proposals being considered by the Department of Transportation. Until the DOT rules on the potential changes, motorists and semi-truck drivers will have to proceed with caution. That means watching their speed and paying close attention to road conditions so that they don’t become one of the thousands of fatal truck accidents that occur every year.
A Heavy Truck Crash Causation Study by the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) found that the truck driver was the critical reason for 87 percent of the truck crashes analyzed. Approximately 19 percent of the total accidents were due to driver fatigue. When a large truck collides with a passenger vehicle, the risk of injury or death to the passenger vehicle’s occupants is significant.
Grim statistics on truck accidents
For the Large Truck Crash Causation Study, critical events were: 1) Departure from the travel lane into another vehicle or off road. 2) Loss of control of the vehicle. 3) Crashing into the rear of a vehicle in the trucks travel lane. The NHTSA Traffic Safety Facts Data on commercial trucks from 2015 reports that approximately 95,000 people were injured in large truck accidents in 2013. There were 3,964 fatalities. Seventy-one percent of those deaths were people in the other vehicle. When a truck accident results in injury or death, a trucking accident attorney can advise injured parties about their rights.
FMCSA requirements for commercial motor vehicles
The FMCSA has hours of service regulations for when and how long drivers are allowed to drive. The limits on drive time and work time are to reduce the risk of fatigued and sleep-deprived drivers operating heavy trucks on busy highways. Drivers have three maximum duty restrictions:
The 14-hour driving window limit: Drivers must be off work at least 10 consecutive hours after working 14 hours
The 11-hour driving limit: Drivers can only drive for up to 11 hours during the 14 hours of work time
The total hours limits: Drivers can only work a maximum of 60 hours in any seven day period and a max of 70 in eight days
Some people go their entire life without receiving a traffic ticket or being involved in an automobile accident. Even those fortunate people have been affected by automobile crashes because one or more of their loved ones has been involved in a crash. A person can be operating their vehicle in a safe manner and still be struck by another vehicle. When that other vehicle is a commercial truck, the resulting accident often results in serious injury or death. A trucking accident attorney understands the laws governing trucking companies and the drivers who operate the large trucks. They can provide advise and counsel to motorists involved in large truck crashes.
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.
Semi truck drivers have stricter drug and alcohol laws to help protect other drivers and passengers. Semi trucks have the potential to cause lots of damage in accidents. Crashes may be more likely if the driver is under the influence. Victims can seek competent assistance from a semi truck accident lawyer after such an accident.
Recent Accidents Highlight Need for Stricter Laws
A driver who tested positive for drugs caused an accident on I-75 last year that killed 6 and injured 12 others. The driver failed to slow down during heavy traffic and slammed into eight stopped vehicles. The family of one victim, who was a middle-school band director, has filed a lawsuit against the truck company and the driver.
The driver, Benjamin Brewer, had been cited for careless driving in Florida the day before the I-75 accident. According to the Florida Highway Patrol crash report, Brewer had sideswiped a truck while passing. No one was injured.
A Tennessee-based company was forced to cease operations in 2014 after the owner was charged, for the second time, with driving while intoxicated. Ricky Hatfield crossed over the highway shoulder, striking two disabled vehicles that were parked on the shoulder. Both of the occupants of the other cars were severely injured but survived.
Drug Guidelines
All CDL (commercial driver’s license) holders are subject to the Department of Transportation’s testing (DOT). Drivers who are part-time, backup, or international are not exempt. DOT requires testing for:
Marijuana
Opiates
Cocaine
Methamphetamines and amphetamines
PCP
Testing will occur pre-employment. Testing will also occur after a crash occurs to determine if the driver was under the influence. Random testing will occur throughout the year. Any driver who appears to be under the influence can be tested.
Some prescription medications cause a driver to be medically unqualified. These include methadone, narcotics, and anti-seizure medications. Drivers may not take medications that cause symptoms including drowsiness or difficulty concentrating. Drugs like Prozac, Xanax, Paxil, Imitrex, and can impair a driver and prevent safe operation of the vehicle. Drivers who have insulin-dependent diabetes may be limited to operating a commercial vehicle within the state.
Drivers who require these medications may not legally operate a commercial motor vehicle, including a semi truck. Some over-the-counter drugs may impair driving, as well. Side effects such as dizziness, confusion, or drowsiness can be unsafe.
Any driver that refuses to test or that tests positive for drug use is no longer able to operate a commercial vehicle safely. In Tennessee, drivers face at least a year without a CDL. Drivers must complete a return-to-duty process with a substance abuse professional.
A trucker that continues to operate the vehicle while under the influence is putting other people at risk. Litigation can be complex, and injuries may make it difficult to handle the case. A semi truck accident lawyer can answer questions to ensure that the victim’s rights are protected.
Alcohol Guidelines
Driving under the influence of alcohol is dangerous. The legal limit for blood alcohol concentration is 0.08% in Tennessee for passenger vehicles. However, the Tennessee Court of Criminal Appeals has ruled that people with lower limits, depending on the circumstances, may be convicted of DUI.
It is illegal to operate a commercial vehicle if the semi driver’s blood alcohol concentration (BAC) is 0.04% or higher. These stricter guidelines are in place to ensure that truckers operate the vehicle in a safe manner.
Commercial drivers who have any detectable amount of alcohol in their blood will be put out-of-service for 24 hours. If a driver has a higher BAC than 0.04%, or if the driver refuses to be tested, the CDL license will be revoked for at least one year. If the truck was carrying hazardous materials, the license is revoked for at least three years. A second offense means the CDL is gone for life, with no recourse for the driver.
Research Shows Drugs and Alcohol are Problematic
The Federal Motor Carrier Safety Administration conducted The Large Truck Crash Causation Study and published the results in 2007. The study examined crash data from 24 sites in 17 states over a 33-month period.
17% of the crashes involved over-the-counter drugs.
2% of the crashes involved illegal drugs.
1% of the accidents involved alcohol use.
These accidents account for hundreds of deaths, affecting the lives of countless families. Truckers are responsible for their actions, and truckers who violate the law and operate a commercial vehicle under the influence may be found negligent. An experienced semi truck accident lawyer can assess the case and attempt to recover compensation for the victim and their family.
