In 2020 there were over 111,800 trucking accidents in the USA. Accidents involving a semi truck are usually more serious because of the size, and the type of cargo being hauled. These accidents lead to bodily injury or death, damage to the truck or property, legal or insurance issues, and they can often force a driver off the road for an extended period of time.

Because of this, we want to offer eight common causes of truck accidents, and some tips to help prevent accidents as much as possible.

DISTRACTED DRIVING

Distracted driving is the number one cause of accidents, claiming 3,522 lives in 2021 and over 4,000 in 2020. Whether it be texting, a dog barking, eating/drinking, changing the radio station, or checking the route navigation, a distracted driver is a dangerous one.

As a general rule, driving should be the only task a driver does. Never send or read a text message while driving. Plan the route, radio station, playlist, or anything else before leaving. And try to keep the eating and drinking to a minimum.

SPEEDING

Speeding is the second-highest cause of accidents on the road. Compared to cars, semi-trucks exert more force on whatever they make an impact with because of their sheer size and weight. This means it’s vital for drivers to be aware of their speed and distance between other vehicles.

Delivery times are important, but safety is a much higher priority. Plus, lower speeds mean less fuel consumption. Drive at a legal and reasonable speed. A speed limit is not a suggestion, and not a minimum. It’s the maximum speed at which drivers are allowed to drive on a particular portion of road.

WEATHER

The weather is unpredictable and can change in an instant. Being prepared to react to changing weather conditions is very important. Changes in temperature or clouds could mean the weather may begin to act up. Depending on the season there may also be ice, snow, water, more animals, or debris on the roads.

Taking precautionary measures like using chains or cleaning off the top of the trailer can be helpful toward preventing accidents. The speed and following distance should be adjusted accordingly as well. Even something simple like using the turn signal for a longer period can help in preventing an accident.

DRIVER FATIGUE

Accidents triggered by driver fatigue are often the most serious. Going without sleep for 24 hours can impair cognitive abilities as much as having a blood alcohol concentration (BAC) of 0.10%, which is higher than the legal limit for driving in many countries. After about 17 hours of being awake, responsiveness and alertness begin to deteriorate rapidly.

Follow the rules about driving hours and get enough sleep. There are strict regulations about how many hours a driver can be behind the wheel and the number of breaks needed for a reason. These might be the most important rules to follow as a truck driver.

BLIND SPOTS

Trucks are about four times the length of a typical car. This means drivers must be more aware of their surroundings to ensure a vehicle isn’t in the blind spot. Although this may seem obvious, about ten percent of accidents are attributed to a lack of visibility. These blind spots can hinder a driver’s ability to see while driving, and when backing up to a loading zone.

When making a delivery it’s important to conduct a pre-check of the surrounding area. Passenger vehicles may take a shortcut in an area where they don’t belong, or there could be other delivery vehicles coming and going. Having a spotter is also helpful to an extent. However, a spotter is typically only able to watch one part of the truck. The driver is the one who needs to be checking all aspects of the truck while driving or backing.

UNFAMILIAR ROADWAYS

Drivers with a dedicated route will be very familiar with their roadways. For everyone else, the routes might not be as familiar. Unfamiliarity with the roads could cause distractions like needing to check a GPS, an atlas, or road signs.

It’s important to be familiar with the route ahead of time. Since a truck might not be able to use the same roads, entrances, exits, or underpasses as passenger cars. Get the lay of the land ahead of time if possible. Check a map and then compare it with the GPS to obtain a full picture of the route. Knowing bridge and trestle clearances ahead of time is also very helpful.

Sometimes the local roads can be just as tricky to navigate as the highway. This is where reaching out to the customer or manager at a delivery location can help. Call ahead, let them know approximately what time to expect delivery, and ask if there are any road hazards or special conditions that a driver should be aware of.

TRUCK MAINTENANCE

The most common out-of-service violation for an inspection is brake defects. A flat tire is the most common reason for a truck breakdown. If they had been checked, both of these issues could have been avoided.

It’s very important to inspect the truck regularly before and after every trip. This includes brakes, tires, fluid levels, mirrors, etc. Drivers who perform PTI inspections will be able to locate any issues and keep up with the necessary regular maintenance.

To correctly assess the truck and trailer, it’s essential that a driver knows their vehicle inside and out. They need to know how it typically operates, what noises are common, and when something should be addressed. As for the trailer, drivers also need to know what they are hauling with each load.

Drivers need to know what to do if there’s an emergency. Even a minor accident can become a big problem if there’s cargo that includes substances that are harmful if released into the air or water.

If a driver is in an accident and hasn’t performed a pre-trip inspection, the liability of that accident will likely fall on them, even if it wasn’t their fault. This is a major reason why it’s important to do inspections.

BAD HEALTH

Truck drivers can be prone to health issues like obesity, lung cancer, obstructive sleep apnea, an unbalanced sleep routine, and muscular injuries. These issues can lead to fatigue, a lack of concentration, a lack of alertness, and a lack of mobility.

Never drive under the influence of alcohol or drugs. It’s tempting for some weary truckers to use amphetamines or cocaine as stimulants while driving, but this is not a safe solution. When drivers use these drugs to stay awake unnaturally, it raises the likelihood of taking risks like speeding, unsafe lane changes, or other poor maneuvers. Plus, they’re more likely to fall asleep at the wheel when the stimulants wear off.

Try using Hotels4truckers.com, which is dedicated to helping truckers find hotels that can accommodate them.

CONCLUSION

Staying healthy plays a huge role in safe driving. Eating right, exercising, and getting plenty of rest, are essential for safe driving. Being diligent to maintain a healthy lifestyle can make a driver feel refreshed, have more energy, and be more alert and aware.

While some accidents are impossible to avoid, drivers who regularly follow these tips will greatly minimize the number of accidents in which they are involved. A driver is the most important part of a truck, so it’s up to you to remind yourself of these tips frequently to ensure that you are as safe as possible while on the road.

As a trucker, safety is your number one priority. When an accident happens, there’s a lot to consider.

How do insurance claims work? Who is liable? Who will pay for your medical bills? When can you return to your job? It’s an intimidating situation, to say the least.

As a Houston truck accident lawyer and head of my own personal injury firm for over 20 years, I’m here to give you the details. Below you’ll find the steps you need to take for a smooth recovery—physically and financially.

Truck Accident Liability: Who’s At Fault?

The basis of every personal injury case is simple: someone’s negligence hurt someone else. The negligent person is known as the “liable” or “at-fault” party.

In truck accident cases, there could be multiple liable parties and multiple insurance companies to deal with. The goal of a truck accident lawyer is to determine which parties should be held responsible for an injured victim’s losses and expenses, and then pursue maximum compensation from all the available sources.

So who is liable for a truck accident?

In general, trucking companies are responsible for accidents caused by their drivers as long as the driver is “on the clock” at the time of the accident, acting “within the scope of employment.” Exceptions to this rule include:

-if the driver was an independent contractor

-if the driver intentionally caused the accident

-if the driver was given a ticket

Were you given a ticket at the scene of the accident? You’re more likely to be placed at fault if you broke the law by speeding, driving under the influence, or violating company regulations, just to name a few possibilities.

If you were employed by a company, the injured victim(s) will probably go after your employer, not after you individually. This is because trucking companies tend to hold commercial insurance policies with higher payout limits.

There are many ways a trucking company could contribute to an accident. For example, did these employers fail to properly service their trucks? Did they set unreasonable goals for their truckers, forcing them to drive in unsafe conditions or exceed federal restrictions for the number of driving hours? Did they hire irresponsible drivers without doing background checks? Did they fail to provide proper training? There are a ton of possibilities, and a truck accident lawyer will investigate them all.

Here are other potentially liable parties in a truck accident:

Other Motorists

Drivers in smaller cars can cause trouble for big trucks. Did an aggressive driver cut you off? Did traffic come to a sudden standstill? Many factors come into play here.

Truck Manufacturers

Auto parts manufacturers are responsible for producing safe vehicles and parts free of defects. If a faulty auto part causes an accident, the manufacturing company may share the blame for the accident. Truck accident lawyers, crash reconstruction experts, and investigators can help you get to the bottom of this.

Fleet Mechanics

Fleet mechanics conduct routine inspections on trucks to ensure they’re safe to take on the road. If a mechanic fails to notice a problem that later causes a wreck, it can quickly turn into a matter of life and death! They could potentially be liable for accident-related damages.

Whoever Loaded the Truck

Did cargo fall off of the truck and cause an accident? Did the shifting weight of an unsecured load contribute to a rollover? In scenarios like these, it’s important to find out who loaded the truck and what company they worked for. Shippers and loaders may be held responsible for any accidents related to unsecured cargo.

Remember: truck drivers are protected from retaliation under federal law. You cannot be fired for reporting hazardous working conditions to the Occupational Safety and Health Administration (OSHA). If you notice shady practices, speak up. You could save a life.

Other Common Causes of Houston Truck Accidents

Speeding

If you need to meet a particularly tight deadline, you may be tempted to go over the speed limit. Don’t press your luck. “Failure to control speed” was a factor in more than 113,000 auto accidents in Texas last year. 475 were fatal.

Distracted Driving

This is a broad category: snacking, checking a map, talking on the phone, you name it! Always remember to check your blind spots, and never engage in any behavior that takes your hands off the wheel, your eyes off the road, or your mind off of driving.

Fatigued Driving

Unfortunately, exhaustion is a common issue among long-haul truck drivers. That’s why the FMCSA wants you to keep your logbooks up-to-date and allow for adequate break times. Did you know drowsy driving is just as dangerous as drunk driving? Speaking of…

Driving While Intoxicated

In 2020, there were 75 fatal DUI accidents in Houston alone. Drunk driving contributed to an additional 2,280 accidents in the city. Trucking companies are supposed to conduct routine drug tests, but they don’t always follow this rule. Never turn to alcohol or drugs to cope with the stress and monotony of long journeys.

Mechanical Problems

Tire blowouts, faulty brakes, and shifting cargo can all cause problems for large trucks. This is why they require thorough routine inspections. Trucking companies are responsible for conducting these inspections and properly maintaining their fleet in order to keep everyone on the road safe and sound.

Environmental Factors

Even if you’re a safe and responsible driver, you may be unlucky enough to encounter roads with sudden or sharp curves, unexpected debris, or bad weather conditions like wind and rain. All of these increase the likelihood of a truck accident.

What Do I Do After a Truck Accident?

Now you know who might be liable for a truck accident, but how do you prove it?

After any accident, follow these steps:

#1. Call 911

Truck accidents often leave devastating injuries in their wake. Even if no one seems injured, you still need to call to report the accident, and the police need to visit the scene so they can create an accident report.

Note: Texas law requires you to report any auto accident that involves injury, death, or more than $1,000 of property damage.

In addition to a police accident report, your company should have established a process on how you can create your own accident report. Your report will include as many details as possible, such as the date, time, weather conditions, and location of the accident, and contact information and insurance information for anyone else who was involved. Do not leave the scene of the accident until an officer instructs you to.

#2. Exchange Info and Collect Evidence

Stop and exchange contact info and insurance info with everyone involved. Carefully take photos of the vehicles and surrounding area. Don’t make a statement, don’t admit fault, and don’t speculate! It sounds easy enough, but when you’re nervous and stressed, you may say things that will harm your claim.

It’s important to preserve all evidence as soon as possible. Truck accident lawyers know how to track down every bit of available evidence, such as:

-Photos of the accident scene and damaged property

-Eyewitness testimony

-Police reports (Note: police reports don’t always determine fault, and when they do, they aren’t always 100% correct.)

-Truck black boxes (These devices record info like the speed at which the truck was traveling, how long the driver was on the road, and when they used their brakes.)

-Dashcam footage or other surveillance videos

-Logbooks and trucking company records

-Cell phone records

-Medical records

Subpoenas allow your truck accident attorney to access trucking company logbooks, truck GPS system records, the black box, cell phone records, and more. These sources provide valuable supporting evidence for your Houston truck accident case, helping you maximize your settlement.

#3. Go to a Doctor ASAP

After a truck accident, prompt medical care is important. Even if you weren’t whisked away in an ambulance, you need to see a doctor and follow through with any recommended medical treatment.

The treatment process uncovers details about injuries you suffered in the crash and how they’ll change your daily life. When accident victims try to ignore their aches and pains, the results are never good. Sometimes, symptoms of serious injuries don’t appear until days after the accident. Additionally, insurance adjusters will use any “gaps in treatment” to deny your claim. Don’t delay.

Lawyers have networks of doctors, therapists, investigators, and other experts. Together, they collaborate on cases and help injured victims recover. Whether you need x-rays, physical therapy, a rental car, or all of the above, we’ve got you covered. Best of all, you won’t pay a cent out of your own pocket. Thanks to liens and letters of protection, your lawyer can coordinate payment with various providers via a portion of your final truck accident settlement. You won’t have to worry about following up and settling these bills—that’s our job, too!

#4. Report the Accident, But Never Give A Recorded Statement

If you are working for a trucking company, they should provide you with insurance coverage, but you’ll still need to call and report the accident. Proceed with caution! Insurance adjusters might act friendly, but they’ll twist your words and accuse you of exaggerating your losses. They’ll ask you for a recorded statement, and anything you say can—and will—be used against you!

There is no obligation to provide a recorded statement to the insurance company.

Bottom line? Don’t let anyone pressure you. Your best option is to direct all further communication to your truck accident attorney. Insurance companies aren’t on your side, but a truck accident lawyer can be a vital ally against them. Let us protect your rights and your finances.

Most accident claims settle out of court during the negotiation phase. However, if you cannot reach an agreement even with the help of a mediator, you’ll move on to litigation.

#5. Contact A Local Truck Accident Lawyer

Most Houston truck accident lawyers work for a contingency fee. This means you pay nothing upfront and nothing at all unless you win; payment is entirely contingent on the success of your case. Put simply, we don’t get paid unless you get paid! Legal fees are taken from a percentage of your final settlement award. This percentage is usually discussed during your initial consultation, and this arrangement ensures the lawyer’s goals are aligned with your goals.

Houston Truck Accident FAQ

Will I Get Penalized for a Truck Accident?

All commercial truckers need a Commercial Driver’s License (CDL.) Since your CDL is regulated by the Federal Government, fines and other punishments may be stricter for you than for the average person.

Additionally, you will have to undergo drug and alcohol testing soon after the crash. Bad results could get you fired on the spot. Your license may even be revoked, preventing you from continuing in the trucking industry.

Having an accident doesn’t always mean you will be fired, but keep in mind your driving history and criminal record may be checked. Further, the Federal Motor Carrier Safety Administration (FMCSA) states that each motor carrier shall conduct an annual inquiry/review of the driving record for each driver under their employ, where they’ll see any “points” on your license. If you have more than one accident on your record, it will be tough to find another truck driving job.

What if I’m Partly at Fault for the Truck Accident?

Texas is a “proportionate responsibility” state, so even if you’re found partially at fault for a truck accident, you can still recover damages. You just have to be less than 50% at fault. Reach out to a Houston truck accident lawyer for more info on how fault is determined.

Who Can File A Wrongful Death Claim in A Fatal Houston Truck Accident?

The Texas Wrongful Death Act allows certain relatives to pursue compensation if they’ve lost a loved one in a truck accident. The surviving spouse, children, or parents of the deceased victim can sue for the damages and suffering associated with the loss of their loved one. They can file the claim either individually or together as a group. If no one files within three months of the date of death, a representative of the estate can file on their behalf.

What Are My Potential Damages?

The money you collect from a personal injury claim is known as your “damages.” Damages are divided into different categories.

Economic Damages

Economic damages include things like property damage and medical bills. The exact amounts of these losses and expenses are easily proven with copies of your bills and receipts. Additionally, if you had to take time off work while recovering from your injuries, you can be compensated for your lost wages. This can be done by providing past pay stubs, timesheets, and/or a statement from your employer. If your injuries are severe enough to permanently change the course of your career, your lost earning capacity will be included in your damages as well. Sound confusing? Don’t worry; a lawyer can help you keep track of everything.

Non-Economic Damages

Non-economic damages refer to more abstract losses like your pain and suffering. In addition to being emotionally distressing, your Houston truck accident might cause you to miss important events, quit your hobbies, or leave you unable to support your family. PTSD symptoms like insomnia and anxiety would also be included under pain and suffering.

Punitive Damages

A third category known as punitive damages applies only in scenarios where the at-fault driver was particularly reckless. (For example, if the other driver was arrested for drunk driving at the time of the crash.) Punitive damages exist to punish the at-fault driver for bad behavior and discourage others from being negligent.

When Should I Hire A Truck Accident Lawyer?

When should you hire a Houston truck accident lawyer?

As soon as you can!

It may shock you to hear all truck accident cases have a time limit known as the statute of limitations. This differs from state to state, but the statute of limitations in Texas is two years.

Two years seems like a long time, but your team will need time to investigate and compile evidence. The countdown starts the moment your accident happens. If you don’t take action before the deadline, the case may be thrown out entirely. Protect your rights by contacting a truck accident lawyer.

Still Lost? Free Consultations Available Now

Handling a truck accident case is a full-time job. Don’t do it alone. Let an experienced Houston truck accident lawyer handle the messy details while you focus on what matters most: your health and recovery.

Since they’re well-versed in commercial trucking regulations and industry standards, truck accident lawyers can help you secure way more compensation than you ever could alone. Entering the showdown alone could mean you miss out on thousands or even millions of dollars of a truck accident settlement.

Don’t miss out on the money you need.

Get a free case evaluation from a Houston truck accident lawyer today!

8 Reasons for Trucking Accidents & How to Avoid Them