Truck accidents can be catastrophic. Their mere weight and size and long distances required for braking can result in devastating consequences. A new European study, however, has found that in 75 percent of truck accidents with passenger vehicles, it was not the truck driver who was at fault.
The study involved seven European countries and confirmed American findings on truck accidents. Human error was responsible for 85.2 percent of the approximately 600 accidents in the study with truck drivers responsible for only 25 percent of the crashes. The main causes of the accidents were speeding, unsafe lane changes and failure to observe laws at intersections.
A truck's load that may have been lost, leaked, overloaded, unbalanced or unsafely secured accounted for only 1.4 percent of the accidents, although load as a factor did contribute to the severity of the accident.
The study should not affect personal injury cases involving truck accidents. Each accident is unique, and claims that a truck driver was negligent in causing an accident should not be undermined by a study that indicates that they are usually not at fault.
Many states now require blood alcohol testing in any fatal vehicle crash, and law enforcement may require such testing in any accident if a driver is suspected of being under the influence. Some truckers have been shown to use amphetamines or other drugs to get them through a long haul, and a number of studies have shown that truckers who receive less than five hours of sleep per night or suffer from sleep apnea are especially vulnerable to collisions. Although fatigue accounted for only a small percentage of the truck accidents in the European study, it is a causative factor that must be considered.
Also, commercial carriers are responsible for instituting drug testing policies and may not have a drug program in place. A recent strike force led by the Federal Motor Carrier Safety Administration (FMCSA) identified 175 carriers facing enforcement actions for violations of drug and alcohol testing and reporting requirements.
A study in 2010 by the FMCSA reported that there were 74,000 truck accidents involving injuries and 3,380 truck-related fatalities in 2009. Even if truckers were responsible for only 25 percent of those accidents, that would still leave 19,345 accidents for which they did have at least some culpability for causing the accident.
It is important to remember that study findings often differ depending on a multitude of factors and results can also be misleading or misinterpreted. If you have been injured in an accident involving a truck, it is important to speak with a personal injury attorney regarding your case. Every situation is unique and should be treated as such. A lawyer can examine the circumstances surrounding your case and help you determine the best legal options based on your situation.
