Auto Accidents with Trucks-Investigating

Auto Accidents with Trucks-Investigating

Brien Roche

In investigating truck crashes, aside from focusing on the causes, consider the following:

Motor Carrier Issues

• Confirm the trucking company is a motor carrier engaged in interstate commerce.
• Study the Federal Motor Carrier Safety (FMCS) Regulations. Also the International Fuel Tax Agreement.  The FMCS Regs. require that drivers record duty status for a 24 hour period.  Furthermore compare these types of logs with fuel receipts, bills of lading, delivery manifests, GPS tracking info and accounting records. This will tell you where the driver was at any time. They will show for how many hours he has been on the road.  Most motor carriers have a license issued pursuant to the International Fuel Tax Agreement.  This statute requires quarterly reports. They show fuel receipts.  Likewise this will show you the extent of driving during any particular period.
• The FMCS Regs. apply to the following types of vehicles used in interstate commerce: (1) gross vehicle weight rating or gross combination weight rating is over 10,000 pounds; (2) it is designed to carry between 9 and 15 passengers for compensation; (3) it is designed to carry 15 or more passengers regardless of compensation; (4) it is transporting hazardous materials. 
• The FMCS Regs. have adopted a model CDL manual.  Gather books used by truck driver schools or defensive driving schools as useful sources of info.

Electronic Data

• The black box logs offer a wealth of info. This data must be downloaded.
• There is other electronically stored info. For instance computer generated bills of lading or fuel receipts. Also other types of electronic communication between driver and dispatcher.
• Identify anything within the cab that is a source of info. This includes cell phones, texting devices, videos, telematics, electronic logging devices, the electronic control module, event data recorder, sensing diagnostic module, electronic onboard recorders, collision warning systems, driver vehicle inspection reports, freight tracking equipment and satellite based navigation or communication system. All of those need to be identified. Finally the data must be extracted.
• When a truck accident occurs the insurance carrier and its lawyers are promptly on the case. However the plaintiff takes time to retain counsel. That lapse is critical. Many important records dealing with the truck accident only need to be retained for six months. Therefore get a letter out to the trucking company requesting that they preserve all records and data relating to this crash. Call, or contact us for a free consult.

Intrastate

• If the truck only operates intrastate check if the state has adopted the U.S. Regs.
• Most of these vehicles weigh over 10,000 lbs. They are commercial motor vehicles if being used for that purpose.  However a landscape pickup truck pulling trailers could qualify.  Although these drivers may not be required to have a CDL, most of the other trucking safety rules apply.

Driver Status

• The driver in many cases is an independent contractor. That does not mean he is not an employee.  Independent contractor is included within the definition of employee if the truck is a commercial motor vehicle.  Likewise owners or operators may be employees. See another page on this site for a look at independent contractor status.

Systemic Issues

• Look for systemic failures within the company.

The Scene and the Truck

• Visit the scene with a trucking expert and/or reconstruction expert. You may need an investigator. She can locate any witnesses not identified on the police report.

Auto Accidents with Trucks-Investigation Made Easier

Truck accident investigation is easier with the advent of the Compliance Safety Accountability Program by the FMCS Administration. The data from CSA must be requested through FOIA. This is designed to identify potentially high risk trucking companies. Also the system uses a number of different factors to provide a rating. Those are:

• safety of the driver
• driver fatigue
• driver fitness
• use of drugs or alcohol
• vehicle maintenance
• cargo problems
• number of reported crashes

However make sure the data you have relates to the company you are dealing with. When a company changes hands it receives a new Department of Transportation number.

In addition, the U.S. has implemented a pre-employment screening program. This is open to carriers relating to potential hires. If the defendant uses that system, if applicable, it will help.

Finally, certain carriers that have been non-compliant with log requirements must have an electronic on-board recorder. These recorders are less susceptible to manipulation. Furthermore in reviewing any data from these recorders be aware of any audits of this equipment. These are conducted so as to identify any changes to the log. Call, or contact us for a free consult.

Service on Foreign Trucker

The FMCSR requires companies to provide process agents in every jurisdiction where they transport.  49 CFR Sect. 366.  They have to file a form designating that process agent.  The bigger companies use blanket companies that maintain process agents in every state.  You can find the process agent by going to the FMCSA website.  

Auto Accidents with Trucks-Standards

Truck accident standards are in the FMCS Regs. However those Regs. are not the only source of standards.  In addition there are industry standards and also standards in the CDL manual.

There are some basic industry standards. Drivers must approach every intersection assuming that cross traffic may not obey the signals. Also drivers must not start a left turn until there is enough time for the rear of their vehicle to clear the intersection without forcing opposing drivers to slow down. Furthermore drivers have a duty of extreme caution when there is bad weather. They must reduce their speed by one-third (1/3).  Those basic rules can be a tremendous help in any truck accident case.  The FMCS Regs carry the force of law.  Industry standards do not.

CDL Manual

The CDL manual is an excellent source of standards. The FMCS Regs require every state to provide a CDL manual. It must contain the basic info and skills that drivers need.  The manual states that drivers need to look 12 to 15 seconds ahead. In addition the CDL manual for the state of the accident and also the CDL manual for the state where the driver is licensed can be used.  Although they may be the same, there may be some slight differences.  

Teaching Material

Another source of standards is the material that the industry uses to teach new drivers. Also these are used to refresh experienced drivers in their various driving schools.  

Preventability Manuals

In addition many companies maintain what are called preventability manuals. They assess whether their drivers acted reasonably in a crash.  There are three commonly used manuals. They are published by the American Trucking Association, the National Safety Council and the Federal Highway Authority.   Also these can be good sources of truck accident standards.

Call, or contact us for a free consult.

Auto Accidents with Trucks-Underride

Underride refers to a car riding under the back of a truck. The U. S. Department of Transportation has standards regarding proper rear-impact guards for tractor trailers. However there is some dispute as to what those rear-impact guards should be. That is how high off the ground they should be. Earlier regs. allowed heights of 30 inches. That may still govern some trucks. However some say the guards should be no higher than 18 inches. There is further dispute about the strength of these guards.

The regs. do not mandate the use of guards that absorb energy through the use of hydraulics. The guards that are on most vehicles at this point are fixed objects. As a result they do not absorb impact. Rather they simply prevent riding under.

The U.S. Regs. may create a federal preemption question. However Congress has not shown any intent to occupy that field exclusively. Therefore preemption should not be a bar to asserting state tort claims.

Side Underride

Aside from rear underride there is also a problem with side underride. The Insurance Institute for Highway Safety reports that there were 1,542 people killed in two-vehicle crashes with tractor trailers in 2015 and that 301 of those involved side collisions.

U.S. Regs. do not mandate any side guards.  However the Insurance Institute says the risk of injury is less with such side guards.

In addition the National Highway Traffic Safety Administration says that trailers with reflector tape on the side are much less likely to have side underride crashes.

Many countries around the world have regs. requiring side guards.  They protect people in cars and on motorcycles.

Seek Out Help From A Trusted Car Accident Attorney in the DMV Area

Call, or contact us for a free consult. Also for more info on truck crashes see the Wikipedia pages. Also see the post on this site dealing with truck crashes.