Semi Truck Accidents
Herrick & Hart, Eau Claire Wisconsin Law Firm
Nearly half a million trucking accidents occur in the United States each year. And because of the size and power generated by semi trucks, the crashes in which they are involved often have devastating results. Semi truck and eighteen wheeler big rig truck crashes, tractor-trailer wrecks or trucking accidents can lead to issues generally not encountered in a crash involving only passenger vehicles. Some of these differences include:
- Governmental regulations and rules
- Greater likelihood of serious injuries or deaths
- Licensing requirements
- Negligent hiring claims
- Negligent supervision claims
- Negligent maintenance claims· Unique insurance coverage issues
Sometimes the cause of a crash involving a semi truck is fairly obvious. The driver may veer off into the wrong lane or run a traffic light. Other times, the reason for the crash is not so clear on its face. In those cases, a detailed and intense investigation may be necessary to determine whether the truck driver or trucking company may have negligently caused the crash. Areas of consideration include:
- Lack of training (on the part of vehicle operator)
- Overloaded trucks
- Unbalanced or shifting loads
- Oversized trucks
- Poorly maintained brakes
- Failure to adequately secure cargo
- Driving in conditions of poor visibility due to smoke, fog, snow, or rain
- Fatigued, sleepy or tired driver driving too long and too many hours without rest
- Speeding over the limit or driving at speeds or beyond the road and weather conditions
- Aggressive driving behavior
- Truck drivers under the influence of drugs and alcohol while driving
- Cell phone usage
Unfortunately, because of the size of these big rigs, a person occupying a passenger vehicle can be subjected to extremely serious injury and death. Common injuries include:
- Paralysis
- Head and spinal cord injuries
- Burns
- Fractured bones
- Internal injuries and damage to organs
- Amputations
- Back and neck injuries
The Motor Carrier Safety Improvement Act of 1999, mandated a study to determine the causes of, and contributing factors to, crashes involving commercial motor vehicles. The U.S. Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) conducted a multiyear, nationwide study of factors that contribute to truck crashes. The Large Truck Crash Causation Study identifies areas that need to be addressed by effective crash countermeasures.
A nationally representative sample of large-truck fatal and injury crashes was investigated during 2001 to 2003 at 24 sites in 17 States. Each crash involved at least one large truck and resulted in at least one fatality or injury. Data were collected on up to 1,000 elements in each crash. The total sample involved 967 crashes, which included 1,127 large trucks, 959 non-truck motor vehicles, 251 fatalities, and 1,408 injuries.
An action or inaction by the drivers of the truck or the other vehicles involved were important reasons leading to crashes in a large majority of the cases. Driver recognition and decision errors were the type of driver mistakes coded by crash investigators or law enforcement officials most often for the trucks and passenger vehicles. Truck drivers, however, were coded less frequently for both driving performance errors and non-performance problems (e.g., asleep, sick, incapacitated) than passenger vehicle drivers. In crashes between trucks and passenger vehicles, driving too fast for conditions and fatigue were important factors cited for both drivers. However, fatigue was coded twice as often for passenger vehicle drivers, and speeding more often for truck drivers.
Brake problems were coded for almost 30 percent of the trucks but only 5 percent of the passenger vehicles. Roadway problems were present in 16 percent of the two-vehicle cases, and adverse weather conditions were present in approximately 13 percent of the crashes. Interruption in the traffic flow (previous crash, work zone, rush hour congestion, etc.) was coded in almost 25 percent of the two-vehicle crashes.
Lane Departure Warning Systems
Trucking safety technology is an ongoing process. For example, LDWS are in-vehicle electronic systems that monitor the position of a vehicle within a roadway lane and warn a driver if the vehicle deviates or is about to deviate outside the lane. Currently available LDWS are forward looking, vision-based systems that use algorithms to interpret video images to estimate vehicle state (lateral position, lateral velocity, heading, etc.) and roadway alignment (lane width, road curvature, etc.). LDWS warn the driver of a lane departure when the vehicle is traveling above a certain speed threshold and the vehicle’s turn signal is not in use. In addition, LDWS notify the driver when lane markings are inadequate for detection, or if the system malfunctions.
LDWS do not take any automatic action to avoid a lane departure or to control the vehicle; therefore, drivers remain responsible for the safe operation of their vehicles. When the vehicle is traveling in close proximity to the center of the lane it is with the systems “no warning zone”, the system does not issue any position warnings. As the vehicle deviates from the no warning zone the system calculates the time for the vehicle to exit the lane. The LDWS calculates an earliest and latest warning line. As shown in Figure 1, the “earliest warning line” is inside the lane boundary and the “latest warning line” is outside the lane boundary. The “warning threshold placement zone” is the area between the earliest warning lines and the latest warning lines. Whenever the vehicle crosses out of the no warning zone into the zone between the earliest warning line and latest warning line, the LDWS issues a lane departure warning.
Semi Truck Injury Victims
If you have been injured in an accident involving a semi truck, contact the experienced lawyers of Herrick & Hart.
We offer a free initial consultation for motor vehicle accident victims. We also handle accident cases on a contingent fee basis. You only pay attorney fees on successful conclusion of your case. If there is no recovery, you are not responsible for any attorney fees.
Please feel free to call (715-832-3491) our office today for a free initial consultation or submit the facts about your case for immediate review by experienced personal injury lawyers.
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The personal injury lawyers at Herrick & Hart have successfully represented thousands of people throughout northwestern Wisconsin, obtaining very favorable results in the courts and through settlements. Below is a list of the areas where they appear most frequently.
Ashland County: Ashland, Odanah, Wisconsin
Barron County: Barron, Rice Lake, & Cameron, Wisconsin
Bayfield County: Bayfield, Mason, & Washburn, Wisconsin
Chippewa County: Chippewa Falls, Cadott, Cornell, New Auburn, & Stanley, Wisconsin
Clark County: Abbotsford, Colby, Neilsville, & Thorp, Wisconsin
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Dunn County: Boyceville, Menomonie, Colfax, & Downing, Wisconsin
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Jackson County: Black River Falls, Taylor, Merrillan, and Alma Center, Wisconsin
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La Crosse County: La Crosse, Brice Prairie, Onalaska, Holmen, & West Salem, Wisconsin
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Monroe County: Sparta, Wisconsin
Pierce County: Bay City, Ellsworth, River Falls, Spring Valley, Wisconsin
Portage County: Stevens Point, Amherst, Plover, Rosholt, & Whiting, Wisconsin
Rusk County: Ladysmith, Hawkins, & Weyerhauser, Wisconsin
Sawyer County: Hayward, Wisconsin
St Croix County: Baldwin, Hudson, New Richmond, North Hudson, River Falls, Spring Valley, Wisconsin
Taylor County: Medford, Gilman, & Stetsonville
Wood County: Wisconsin Rapids, Port Edwards, & Marshfield, Wisconsin
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