Florida Injury Attorney Blog

After a crash with a tractor trailer, semi, 18 wheeler or big truck, as they are called, it is important to talk to an attorney experienced in these matters if a claim for injuries and damages is to be made. First, after an accident involving injuries, a representative from the trucking company or its insurance company may contact you to give them a statement. You can be sure that the questions asked about the accident are going to be designed to elicit answers that are helpful to the truck driver and the trucking company. Additionally, if injuries resulted from the accident, you may not be in the right mental and/or physical condition to answer questions about the accident. It is important to speak with a lawyer before anyone representing the truck driver or company so you understand the issues and know how to avoid being misled by an aggressive interrogator who does not necessarily have your best interests in mind.

Of course, those general principles also apply to a car accident and other types of injury cases. However, there are implications specific to tractor trailer accidents that make it especially important to consult a lawyer if injuries were involved and they were caused by the truck driver. Some of the issues that should be explored are:

• Was the tractor trailer driver qualified to drive that vehicle? In other words, did the trucking company perform the required due diligence into the driver before they sent him out on the road? Was a background check done into his or her driving record, employment history and criminal record?
• Were the required drug and alcohol tests performed on the driver before he or she was hired and after the accident?
• How many hours was the truck driver on duty and/or driving prior to the crash? Is there evidence of driver fatigue?
• Is there any electronic data that can be recovered from the tractor trailer which shows how the driver was driving just before the accident?
• Was the driver and/or company given any violations by the Department of Transportation prior to the accident that would indicate an ongoing safety risk?

These questions and many more may be important in determining all of the factors which caused or contributed to an injury accident with a tractor trailer. Hiring an attorney after an accident will help shed light on those important issues.

Channel 4 News in Jacksonville, Florida reported that a study showed that vehicle traffic crashes across the United States cost Americans about $164 billion each year. Included in this figure is the cost of property damage, lost time and earnings from work, emergency and medical services for the injured, legal costs and the cost of delays. There was no measure as to how much or what percentage tractor-trailer and other big truck crashes contribute to this figure.

However, this figure would suggest that investments in effective driver safety programs are probably worth exploring, particularly for companies like trucking companies whose employees spend a lot of time on the roads.

The statistics and anecdotal evidence regarding the number of accidents and driving dangers due to driving while fatigued are alarming. This subject was previously addressed in this blog here. Other studies have been done which compare the dangers of driving while fatigued with driving while impaired from alcohol or drugs.

For this reason, the government has sought to regulate the number of hours drivers of 18 wheelers, big trucks, tractor trailers and semis, as they are often called, can be on duty and drive those vehicles. The problem is that the Federal Motor Carrier Safety Administration (FMCSA) has not been able to enact a rule that everyone can seem to live with. A balance needs to be achieved recognizing the dangers of driving too long and becoming tired and the need for truck drivers and companies and their clients to have products shipped across the United States as efficiently as possible.

On December 27, 2007, the FMCSA set forth what they called an Interim Final Rule which regulates the number of hours truck drivers can drive, also called a driver's hours of service. The rule provides that tractor trailer, and other commercial motor vehicle, drivers may drive up to 11 hours within a 14 hour non-extendable period following 10 consecutive hours of off-duty time. In this context, off-duty time does not just mean time not driving; it means time not doing any sort of work for the company. Weekly on-duty time can be re-started once the truck driver has had 34 consecutive hours of off-duty time.

If you have been involved in an injury accident with a tractor trailer, driver fatigue is one of the possible causes that needs to be explored thoroughly. In order to do that, it is important to obtain the documents, testimony and other evidence which can shed light on the number of hours a tractor trailer was driving prior to the crash. Compliance with the hours of service rule certainly does not mean a driver was not tired. However noncompliance with the rule could lead to the conclusion that the truck driver was not in condition to be driving due to fatigue.

When a trucking company considers hiring someone to drive a tractor trailer, semi or 18 wheeler, as they are often called, between states, there are several qualification checks that need to be undertaken before that driver hits the road.  Among other things, the trucking company is supposed to: make sure the driver has a valid commercial driver's license (CDL) for the truck to be driven, check the driver's driving and employment histories, verify that the driver is physically fit to drive and have the driver submit to a pre-employment drug and alcohol test.

Consider this auto vs. tractor trailer accident that occurred just outside of Jacksonville, Florida on Highway 301 which, in the area of this accident, has two lanes going north, two lanes going south and a median in between. At night, Mr. Smith was driving his car on Highway 301 North. A tractor trailer was approaching Highway 301 from his right on a side road. The tractor trailer driver intended to turn left across the two northbound lanes, through the median and into the southbound lanes of Highway 301. The tractor trailer driver completed the first part of the turn. However, he stopped with his tractor in the median and his trailer blocking the two northbound lanes of Highway 301 because a car was coming in the southbound lanes preventing him from completing his left turn. Mr. Smith, driving in one of the northbound lanes of Highway 301, did not see the trailer blocking his lane until the last second which resulting in a serious crash and severe injuries to Mr. Smith.

Setting aside the issue that the tractor trailer driver should have waited to begin his turn until he knew both the northbound and southbound lanes were clear, this kind of accident illustrates the importance of having the appropriate lights and markers on the tractor trailer other than the normal headlights and taillights.

Tractor trailers are supposed to have what is called conspicuity tape (often red and silver reflective tape) on the side of their trailers to help other drivers see it from the side and understand the length of the tractor trailer when visibility is limited. They are also supposed to have clearance lights on the truck. These are the lights on the corners of the truck that help make the truck more conspicuous and also help another driver appreciate the size of the vehicle. Identification markers, which are a set of three lights on the front and back of the tractor trailer, are also important to help other drivers see the vehicle and determine its size and length.

Driving a tractor trailer with proper and functional headlights and taillights is not sufficient. Driving with the other lights and markers mentioned here can be equally important from a safety perspective so other drivers on the road can fully observe, and appreciate the dimensions of, a big truck, semi, 18 wheeler or tractor trailer as they are often called, which has stopped or slowed on the road so that an injury accident can be avoided.

If you have been involved in an injury accident with a tractor trailer under circumstances where it had stopped or slowed on the road at night or in the fog, even one where your vehicle struck the tractor trailer, there may be more to the story of who caused the crash. It will be important to inspect the tractor trailer and investigate whether or not the tractor trailer had a complete set of lights and markers in the proper condition to determine what chance you had of seeing and appreciating the size of the tractor trailer.

The obvious danger associated with night driving that is not necessarily an issue during the day is reduced visibility. However, that danger may be greater for 18 wheelers, big trucks, tractor trailers and semis, as they are often called.

Is it safe for a tractor trailer to drive the speed limit at night? Maybe not depending on the driver's visibility.

Headlights are limited in the area they illuminate. For instance, low beam headlights provide a driver with approximately 250 to 300 feet of visibility. Of course, that distance is less if the lights are dirty or faded. If the tractor trailer driver is traveling at 55 miles per hour (which is less than highway speeds in most places throughout Florida and Jacksonville), the tractor trailer travels that 250 to 300 feet distance in just over 3 to 4 seconds. Therefore, at 55 miles per hour, that driver may have just over 4 seconds, or less, to identify and respond to another vehicle or an unlit hazard on the road at night. At 60 or 65 miles per hour (more common speeds driven by tractor trailers), obviously the driver's response time is less. That means the tractor trailer driver has very little time to assess a dangerous situation and respond effectively to avoid an injury accident, if necessary.

Even if the driver recognizes another car that is stopped or a danger on the road immediately, it may not be possible to avoid an accident. Again, at 55 miles per hour, the truck driver will need about 300 to 360 feet to safely stop the tractor trailer. That distance could be more depending on the weight of the load in the trailer and the quality of the brakes. Doing the math, at 55 miles per hour with no other effective lighting other than the low beam headlights, the big truck driver may be able to only see 300 feet ahead but need up to 360 feet to safely stop. In other words, at that seemingly safe speed, that driver is likely not going to be able to safely stop for certain dangers on the road. This is called "overdriving the headlights" or driving too fast given the visibility afforded by the headlights.

Driving a tractor trailer at night with the high beams on (when appropriate), can increase a driver's visibility by up to approximately 200 feet. Additionally, driving slower at night and being extra alert can increase the response time for a driver when he or she sees a hazard. These two methods can reduce or eliminate the "overdriving the headlights" scenario.

If you have been involved in an injury accident caused by an 18 wheeler/tractor trailer that occurred at night, it is important to investigate and understand not just the speed of the tractor trailer (i.e. knowing that the tractor trailer was going the speed limit is not necessarily the end of the inquiry) but also the other factors that may have affected the driver's visibility and response time. An experienced attorney can obtain the appropriate documents and ask the right questions to learn that important information.

After an inordinate number of tractor trailer rollovers in some parts of Canada last year, the Canadian Trucking Alliance (CTA) is trying to convince all North American manufacturers of class 8 tractors (more commonly known as tractors or big trucks with fewer than five axles and transporting a single trailer)  to make anti-rollover technology standard in these new vehicles immediately. 

Big trucks, or tractors as they are more accurately called, are a threat to roll over on the roads for a variety of reasons including: driving too fast around turns or curves (you have probably seen the road signs in Florida and elsewhere warning 18 wheeler and tractor trailer drivers of the possibility that their vehicle may tip over on a sharp turn or curve), not properly loading or securing the load in the trailer causing it to shift and making it more unstable and quick evasive maneuvers by the tractor trailer driver in response to road conditions or the driving of others.  Of course, given the size and weight of these tractor trailers, if one rolls over on the road, the potential for injury and damage is great.

The anti-rollover technology helps to prevent tractors from rollovers by sensing when the vehicle is becoming unstable and automatically taking countermeasures such as reducing the throttle and applying the brakes to help the driver avoid a rollover and regain control of the tractor trailer.   As of the publication of this article in late 2007, this rollover technology was standard on two of the manufacturers' new class 8 tractors, and the others only offered the technology as an option.  This anti-rollover technology is similar to the electronic stability control systems and similar systems found standard in many newer model SUV's. 

While the technology will not be able to prevent tractor trailer drivers from rolling over and causing injury accidents on the road, more pervasive use of stability control systems will likely help to prevent some accidents and reduce the number and severity of injuries resulting from some tractor trailer-involved accidents when they do occur.