The trucking industry is the backbone of commerce, facilitating the movement of goods across vast distances and sustaining economies worldwide. However, amid its vital role, concerns persist regarding driver safety.
The alarming statistics from 2021 – the latest data – underscore the urgency of addressing truck drivers’ rights within the industry. With 523,796 large truck accidents, 117,300 resulting in injuries, and 5,788 in fatalities, it’s inevitable that truck drivers will be held liable and their rights as employees compromised.
This blog will explore the realities in the trucking industry, how it concerns truck drivers, and the rights they have that will protect them during road accidents.
Realities Behind the Statistics
In 2021, the United States witnessed a staggering number of large truck accidents, each potentially resulting in catastrophic consequences. What’s particularly concerning is the distribution of injuries and fatalities among different categories of road users.
Seventy-one percent of injuries occurred to occupants of other vehicles, 27% to truck occupants, and 2% to non-occupants. Truck drivers are usually held liable for injuries to occupants of other vehicles and non-occupants. On worse days, they must shoulder the property damages while nursing their own injuries.
The heightened emotions and need for urgent accountability often place truck drivers into financial, physical, emotional, and psychological burdens they should not face alone. After all, most of these truck drivers are working for firms, companies, and organizations. As with other employees, they are protected by labor rights.
Common Road Accidents Faced by Truck Drivers
Truck drivers in the US encounter various types of road accidents, some more common than others. Here are some of the usual road accidents experienced by truck drivers:
Rear-end collisions: These occur when a truck collides with the vehicle in front of it due to tailgating, distracted driving, or sudden braking.
Jackknifing: This happens when the truck trailer swings out to the side, forming an angle with the cab. It often occurs during hard braking or driving too fast on slippery roads.
Rollovers: Trucks can tip over onto their side or roof, especially when taking sharp turns at high speeds or due to improper cargo loading.
Blind spot accidents: Trucks have large blind spots, particularly on the right side and directly behind the trailer. Accidents can occur when other vehicles linger in these blind spots, leading to collisions during lane changes or merging.
Underride accidents: These occur when a smaller vehicle slides under the trailer of a truck, often resulting in catastrophic injuries or fatalities for the occupants of the smaller vehicle.
Tire blowouts: Blowouts can cause loss of control of the truck, leading to accidents. Poor tire maintenance, overloading, or road debris can contribute to tire blowouts.
Runaway truck accidents: Trucks descending steep grades can experience brake failure or loss of control, resulting in collisions with other vehicles or objects at the bottom.
Weather-related accidents: Adverse weather conditions such as rain, snow, ice, fog, or high winds can significantly increase the risk of accidents for truck drivers.
Factors That Contribute to Higher Chance of Trucking Accidents
Several factors contribute to the risks faced by truck drivers and others sharing the road:
Driver Fatigue: Long hours on the road, tight schedules, and demanding deadlines can lead to driver fatigue, impairing judgment and reaction times.
Distracted Driving: With the proliferation of smartphones and in-cabin technologies, distractions abound, diverting drivers’ attention from the road and increasing the likelihood of accidents.
Inadequate Training: Proper training is essential for safe truck operation, yet some drivers may lack comprehensive training programs or ongoing education to navigate challenging road conditions effectively.
Poor Infrastructure: Decaying roads, inadequate signage, and congestion exacerbate the dangers truck drivers face, increasing the likelihood of accidents.
Mental Health: The isolation and stress inherent in long-haul trucking can affect drivers’ mental well-being, potentially impacting their ability to operate vehicles safely.
Some of these factors are directly and indirectly related to the management that employed the drivers. For instance, if the company fails to provide adequate training to the driver, leading to an accident, the company could be deemed responsible.
Suppose the company imposes unrealistic schedules or encourages drivers to exceed legally mandated service hours, leading to driver fatigue and causing an accident. In that case, the company may be liable for its negligence in managing driver fatigue.
Moreover, suppose the company fails to maintain its vehicles properly, leading to mechanical failures contributing to an accident, such as brake failure or tire blowouts. In that case, the company may be considered negligent.
How Can Truck Driver Lawyers Help?
Truck driver attorneys, also known as trucking accident lawyers or personal injury attorneys specializing in truck accidents, play a crucial role in representing truck drivers involved in accidents.
Here’s how they can help:
Legal Representation: Truck driver attorneys advocate for truck drivers in legal proceedings related to accidents. They provide legal representation in negotiations with insurance companies, in courtrooms, or during settlement discussions.
Investigation: Attorneys specializing in truck accidents conduct thorough investigations into the circumstances surrounding the accident. They gather evidence, interview witnesses, review police reports, and analyze road conditions, weather, and potential mechanical failures.
Determining Liability: Truck driver lawyers assess liability in the accident. They consider factors such as driver negligence, company policies, vehicle maintenance records, and other parties involved (such as other drivers, manufacturers, or government entities) to determine who may be responsible for the accident.
Protecting Rights: Truck driver attorneys protect their clients’ rights throughout the legal process. They advise truck drivers on their legal rights, help them understand their options, and ensure that they are treated fairly by insurance companies and other parties involved in the case.
Pursuing Compensation: Trucking accident lawyers assist truck drivers in pursuing compensation for damages incurred in the accident. This may include compensation for medical expenses, lost wages, property damage, pain and suffering, and other losses resulting from the accident.
Negotiation and Settlement: Truck driver attorneys negotiate with insurance companies and other parties involved in the accident to reach a fair settlement. They use their legal expertise to advocate for their client’s interests and ensure they receive the compensation they deserve.
Litigation: Truck driver lawyers are prepared to take the case to court if a fair settlement cannot be reached through negotiations. They represent their clients in litigation proceedings, presenting evidence, making legal arguments, and advocating for a favorable outcome in court.
Let Truck Driver Rights Protect You From Unjust Conditions
Truck Driver Rights supports truck drivers in California seeking expert legal representation after a trucking accident. Our team of experienced truck driver attorneys is dedicated to protecting your rights and fighting for the compensation you deserve.
Whether you’re navigating complex legal proceedings, negotiating with insurance companies, or seeking fair compensation for your damages, we’re committed to advocating for you every step of the way.
Contact Truck Driver Rights today to schedule a consultation, and let us be your trusted allies in your legal journey.