Trucking Accidents

While all motor vehicle accidents are traumatic, trucking accidents can be particularly devastating. They are the proverbial “Goliath” on the roadway, and can cause considerably more damage than a normal car. Trucking accidents differ from pedestrian motor vehicle accidents in the following significant ways:

• Size: Semi-trucks are larger, heavier and wider than typical pedestrian vehicles. Despite that, they use the same roads and highways that we all do. While the average car weighs between 3,000 and 4,000 pounds, commercial trucks can weigh up to 80,000 pounds. This discrepancy can lead to dramatic results when trucks are involved in motor vehicle accidents. 
• Injuries: The difference in size between trucks and cars naturally results in worse vehicle damage, and more severe injuries. The Federal Motor Carrier Safety Administration reported that in 2021 there were 494,000 police-related crashes involving large trucks. 110,000 of those accidents involved injuries, and 5,149 involved a fatality. Fatal accidents can occur anywhere – whether on busy roads in Davidson County, or on more rural roads in Rutherford County. But believe it or not, they occur on rural roads almost just as often as busy highways. The Federal Motor Carrier Safety Administration reported that 54% of all fatal accidents in 2021 occurred on rural roads.
• Parties involved: More parties are typically implicated in trucking accidents, including the truck driver’s employer. If an accident was caused by a malfunctioning part, or defect within the truck, the company who manufactured a part or performed faulty repairs may also be involved. Also, if a truck was improperly loaded and that contributed to an accident, the company who loaded the truck may bear liability.  
• Laws: Trucking accidents typically implicate a host of additional laws and regulations. Both Tennessee and the federal government have enacted laws related to the operation of commercial motor vehicles. Those laws were specifically designed to protect the public from dangerous trucks and drivers. More often than not, a trucking accident involves a violation of one or several of these laws.

Because semi-truck accidents tend to be more complicated – both legally and in terms of damage – it is critical that you contact a lawyer who specializes in handling trucking accidents. They can help identify the responsible parties, negotiate with the insurance carrier on your behalf, and assist in finding the right medical professionals to treat your injuries. The attorneys at MJ law have years of experience litigating commercial trucking accidents. They know how to deal with the insurance companies and to leverage the best possible settlement. Most importantly, they genuinely care about helping you or your loved one navigate this difficult time.

Accidents involving semi-trucks, buses, and other large commercial vehicles can occur in a number of ways, however some of the most common causes including the following:

• Jackknife Accidents: These occur when the trailer swings out from behind the tractor/truck and forms a 90-degree angle. “Jackknifing” can cause the trailer to collide with other vehicles on the road or force other vehicles to take evasive maneuvers which could lead to other accidents. Things like slippery roads or sudden braking can cause these types of collisions. In 2020, there were 55,000 injury-related motor vehicle accidents caused by a jackknifed truck. 
• Rollover Accidents: Like the name implies, these occur when a semi- truck flips onto its side or roof. These typically occur when the truck makes a sharp turn. A driver’s negligence is almost always the cause of these types of accidents, as they typically arise when the driver was distracted, speeding, or not paying proper attention to the roadway. 
• Underride Accidents: Underride accidents occur when a smaller vehicle slides underneath a truck’s trailer, in the gap between the wheels. This type of accident is particularly deadly, as the roof of the smaller vehicle can be torn off/crushed, leading to catastrophic injuries for the individuals within the smaller vehicle. Unsurprisingly, the driver of the large truck is rarely injured in these types of collisions. According to an analysis of the National Highway Traffic Safety Administration by Frontline, in 2021 there were more than 400 fatalities due to underride accidents. 
• Rear-End Collisions: Most people are familiar with these types of accidents. They occur when a truck crashes into the back of another vehicle. These are one of the most common types of accidents and are almost always caused by a driver’s negligence. Either they were following too closely, not paying attention to the road in front of them, were distracted, or fatigued. When large semi-trucks, buses, and other commercial vehicles are responsible for a rear-end collision, the damage can be extensive, even if minor speeds are involved. That is because large commercial trucks are so much larger and heavier than typical pedestrian vehicles. Whether minor or excessive speeds are involved, getting rear-ended by a truck can also cause a host of debilitating injuries. 
• T-Bone collisions: These accidents occur when a truck hits the side of another vehicle at a right angle (i.e., it forms a “T” shape). According to a report from the Insurance Institute for Highway Safety, side-impact accidents accounted for 23% of vehicle occupant deaths in 2020. These accidents often occur at intersections where vehicles are traveling in different directions. It seems to go without saying that these accidents tend to be devastating for the smaller vehicle. Commercial truck drivers know that their vehicles take longer to slow down due to their heavy loads. They also know that their vehicles are longer and that it takes more time to clear an intersection. They are specifically trained and instructed to proceed cautiously through intersections. When they fail to do so, accident often occurs. 

Wide Turn Accidents: Wide turn accidents occur when large tractor-trailer combinations swing left to make a right turn, or swing right to make a left turn, which forces them to collide with vehicles in adjacent lanes. Because trucks are so big and long, they often need more space to turn, which is why these accidents primarily occur. Truck drivers must ensure they have enough time and space to complete a turn before they start it. These accidents are normally caused by a truck drivers’ impatience or negligence in failing to observe his/her surroundings.

Trucking accidents can occur for a number of reasons. But make no mistake about it, in almost all cases, someone was negligent. That negligence, while inadvertent, can have devastating effects on those involved due to the sheer size and weight of semi-trucks, buses, delivery trucks, and other commercial vehicles. While you may not know the cause of an accident right after it occurs, an experienced trucking accident lawyer can help investigate the accident and determine the cause. Many times, that determination can be complex due to the myriad of laws and rules which regulate commercial drivers. That is even more of a reason to get a skilled trucking accident lawyer involved right away. The following are common causes of trucking accidents:

• Driver Fatigue: Commercial truck drivers spend long hours on the road. Many times, it can be as long as 10-12 hours straight, and often at night. Anyone who has driven for a lengthy period of time knows that driving for that long can cause drowsiness and impaired judgment. Truck drivers also often work lengthy hours for numerous days in a row. Because of that, fatigued driving can be a real concern. It can cause a rollover accident, a T-bone collision, or rear-end accident. Trucking companies are well aware of the dangers of fatigued driving and often enact rules for their drivers about driving while tired. Consequently, when an accident occurs due to driver fatigue, it violates not only federal and state laws, but also internal safety rules. A skilled trucking lawyer can help you navigate those rules and laws and determine whether they are implicated in an accident.
• Distracted Driving: Distracted driving is another form of negligent driving, and is a common cause of trucking accidents. This can include anything which takes the drivers attention off the road, whether it be a telephone call, a text message, a GPS device, or eating/drinking. And that is to mention nothing of the fact that commercial truck drivers have to pay constant attention to the large loads they are carrying. In 2022, there were over 42,000 fatal car accidents which involved distracted drivers. It is also one of the leading causes of accidents in Tennessee. 
• Speeding: It is no surprise that speeding has caused or contributed to many trucking accidents. Because semi-trucks and other large commercial vehicles are large and heavy, they take longer to slow down. When a truck driver speeds, it adds to the amount of time that it will take them to slow down and/or avoid an accident. Be aware that recently, the Tennessee Department of Transportation increased the speed limit for commercial trucks to 65 or 70 miles per hour (depending on the highway), which is faster than many other states. Skilled trucking accident lawyers, like those at M|J Law, can hire experts who can determine whether a truck violated the pertinent speed limit, and whether that violation contributed to the occurrence of an accident. 
• Improper Maintenance: What many people don’t know about commercial vehicles is that they rarely come off the road. When one driver gets off their shift, another driver starts theirs and drives the very same truck. Thus, they are constantly being used and constantly being subjected to wear and tear. A failure to maintain the truck’s brakes, tires, and other critical systems can and often does lead to accidents (e.g., inability to stop in time, hydroplaning in rain, etc.). Because of the damage these trucks can cause when not properly maintained, there are many laws and regulations regarding the type of inspections which need to be periodically performed by the drivers and their employers. Experienced trucking accident lawyers know about these laws and know how to find out whether they were violated.  
• Overloaded/Improperly Loaded Trucks: Exceeding weight limits can make trucks harder to control. Also, when a truck is improperly loaded, it causes the truck to become imbalanced and as a result, more difficult to control. That can be especially true when turning or driving in poor weather conditions. Improper loading also makes a truck more susceptible to a rollover accident or wide turn accident. The attorneys at MJ Law know which documents and records need to be reviewed in order to determine whether improper loading contributed to an accident. 
•  

While all motor vehicle accidents can cause significant physical injuries, trucking accidents are far more dangerous. They are significantly larger and heavier than a typical car, and thus, capable of inflicting far more damage. Typical injuries caused by a trucking accident are the following:

• Traumatic Brain Injuries (TBI): Traumatic brain injuries are caused by a blow or jolt to the head. The residual effects of a traumatic brain injury can be significant and long standing. They include headaches, blurred vision, tinnitus, memory loss, nausea/vomiting, and other neurological problems, such as slurred speech, weakness, and loss of balance. If you believe you may have suffered a traumatic brain injury, you will need to be seen and cared for by various specialists. The treatment can also be costly and complex. Because of that, it is critical that you contact an attorney to ensure that you are adequately compensated for your injuries. Insurance companies will make every effort to avoid compensating you for all of the time you lost from work, and all of the care you will require to get back to baseline; and not just now, but in the future as well. 
• Spinal Cord Injuries: Spinal cord injuries are common when someone has been involved in a trucking accident. The sudden force from a collision with a large commercial vehicle can cause your neck and lower back to be contorted in unnatural positions. The injuries range from whiplash to spinal cord damage (e.g., disc herniations, fractures, etc.), and in some of the worst cases, paralysis. Treatment for spinal cord injuries can be tricky, costly, and time consuming. 
• Broken Bones: Broken bones are common in trucking accidents. These can include fractures to the spine, legs, hands, and ribs, to name a few. Broken bones take time to heal, which may force you out of work while you recover. Proving to the insurance company how much time you missed and how much you would have earned can be challenging. An experienced trucking accident lawyer can advocate on your behalf an ensure you are adequately compensated for these damages. 
• Internal Injuries: Damage to internal organs, such as a punctured lung, or lacerated spleen, are often caused by serious collisions with large trucks.
• Cuts/Lacerations: Due to the violent forces involved in accidents with large trucks, cuts and lacerations often result from these types of accidents. They can be caused by broken glass, and blunt force impact.

In Tennessee, the statute of limitations for filing a personal injury lawsuit, including trucking accidents, is generally one year from the date of the accident. However, specific circumstances can affect this timeframe, so it’s crucial to consult with an attorney promptly to ensure your rights are protected. Missing the statute of limitations can act as a complete bar to you seeking compensation. There are very few exceptions to this rule.

In a typical car accident, the other driver is the only person who can be held responsible for your injuries. However, when you are involved in an accident with a semi-truck, or other large commercial vehicle, there may be numerous parties who bear responsibility. They include:

• Truck driver: Obviously, the person operating the truck can bear liability for an accident if they were negligent. These drivers have a lot of responsibility. They are operating extremely large vehicles on the same roads as the rest of us. Because of that, they are required to follow many laws and regulations regarding the safe operation of their truck. With how wide and large these vehicles are, truck drivers must also pay special attention to their surroundings. That can be challenging when one considers the lengthy amount of time these drivers are on the road. Often, when a commercial vehicle is involved in an accident, the driver violated one if not several federal and/or state laws.
• Trucking Companies: Typically, the driver of a commercial vehicle is working for a company or large corporation. That company likely provided the driver extensive training regarding the company’s safety rules (in addition to the myriad of federal and state laws). When a large truck is involved in an accident, the driver may have violated one, if not several of their company’s safety policies, which are designed to keep the motoring public safe. When that happens, the driver’s employer can be liable for negligent hiring, training, retention and/or supervision. 
• Truck Manufacturers/Maintenance Providers: If an accident is caused by a defect or malfunction with a truck, the manufacturer of the relevant truck and/or part may bear responsibility for the accident. For example, if a brake system failed and that failure contributed to an accident, then the brake manufacturer may be on the hook. Similarly, if a company or person was hired to perform preventative maintenance or make vehicle repairs, and failed to properly do so, they can be held liable as well. 
• Cargo Loaders: The company who loads the truck may bear liability for an accident if they improperly loaded the truck and that caused or contributed to an accident. That can occur when the contents of a truck are imbalanced, which causes a truck to roll over, or the contents contained in the truck shift which causes a rear-end collision. 
• Vehicle Owner: In some cases, the truck owner will be different than the company and driver who are operating the truck. While liability against them can be limited, they can bear liability if they know something about the truck which makes it dangerous, and that danger contributes to an accident. Or, if the owner knows that the person who they are allowing drive the truck poses a risk to the public, and that risk results in an accident.

In most cases, there will be numerous parties who bear responsibility for a trucking accident. Trying to identify each party who may have contributed to an accident may be challenging, stressful and time consuming. That is especially true if you are dealing with injuries. The attorneys at MJ Law have extensive training and experience at determining which parties may be liable. They also care about you, your case, and ensuring that those persons and corporations who bear liable are held to account.

Commercial truck drivers and their employers are subject to a host of laws and regulations meant to protect the motoring public. The Federal Motor Carrier Safety Administration and the Tennessee Department of Safety and Homeland Security are the agencies tasked with protecting Tennessee drivers, ensuring trucks are road-worthy, and that truck drivers are prepared to operate these large trucks.  When trucking companies and their drivers break these laws and cause injuries, the law allows you recover money damages. While the violation of these rules does not provide an independent cause of action, it can be used as evidence of a driver and the company’s negligence.  The following are common examples of laws which regulate the trucking industry:

• Hours of Service (HOS) Regulations: When a truck driver crosses state lines, they become what is known as an “interstate” truck driver, which subjects them to federal laws. One of the most important federal regulations pertains to hours of service. Those rules limit the amount of time a truck driver can drive, which helps prevent driver fatigue, and thus, keeps the public safe. While it may seem like a reasonable an easy requirement to follow, there are many instances of truck drivers and their employers violating these rules in order to get shipments delivered quickly and on time. 
• Logbooks: Federal law also requires that all commercial trucks be equipped with what is called an “electronic logging device.” These logs document a driver’s hours of service and time off, as well as information related to a vehicle’s engine, miles driven, and movement. 
• Commercial Driver’s License (CDL) Requirements: A valid commercial driver’s license ensures that drivers have the necessary training and qualifications to operate these large, heavy machines. Commercial trucks drive differently due to their size and heavy loads. Generally speaking, if a truck weighs more than 26,001 pounds, a commercial drivers license is required. Pursuant to TCA § 55-50-403, companies who employ commercial truck drivers must ensure that all of their employees have proper driver licenses. Not only that, but commercial truckers must carry a valid medical card, which states that the individual possessing it is medically fit to drive. 
• Vehicle Inspections: Inspections of commercial vehicles, including large semi-trucks, must be performed before and after each time a driver takes a truck out. The drivers are required to inspect everything on the vehicle, including brakes, tires, turn signals, etc. If a driver finds something wrong with the truck, he/she is required to report and document the problem. This is an incredibly important requirement given that trucks are constantly being put into use. Moreover, there are federal laws which require trucks which weigh more than 10,001 pounds and are involved in interstate commerce (i.e.,crossing state lines) to be inspected annually by a certified mechanic for safety.
• Weight Limits: Commercial trucks can weigh a maximum of 80,000 pounds (20,000 pounds for a single axle). A violation of that law can be a Class C misdemeanor, and lead to significant penalties. Not only that, but if a company violates that rule and that violation contributes to someone’s injuries in a car accident, the company can face civil liability. Weight limits are in place for a reason – they help preserve critical infrastructure in Tennessee, including road surfaces, bridges and highways, and they also keep the motoring public safe from excessively heavy, and thus, dangerous loads.