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Trucking Accident Statistics

The following statistics were recorded by the Federal Motor Carrier Safety Administration (FMCSA) in the United States for the year 2008:

• Trucks involved in non-fatal crashes: 123,918
• Trucks involved in injury crashes: 49,084
• Injuries in crashes involving large trucks: 73,047
• Trucks involved in tow-away crashes: 74,834
• Trucks involved in Haz-Mat crashes: 2,609

In addition to the statistics above, all of these trucking accidents result in approximately 5,000 fatalities every year. Therefore, this is no small problem, but is an issue that everyone should be aware of for many reasons.

Trucking Accident Liability

One of the more common questions that’s asked of trucking accident attorneys regards the identity of the proper defendant or defendants if an injured victim decides to pursue a legal claim. This is a complicated answer that can largely depend on the facts of the situation, but below is a brief description of each of the potential defendants.

The truck driver – While the driver of the vehicle seems to be an obvious place to start, this is not always the starting point in terms of liability for an accident. Clearly, if the driver was at fault for the incident, he or she will certainly be part of any legal claim that follows. However, there are situations in which the truck driver may not be liable, including those where there was some sort of malfunction or defect with the truck that caused the accident, particularly if that defect was unknown to the driver.

The trucking company – This represents another somewhat complicated situation, as the company generally shares liability with the truck driver and carries insurance on its trucks and trailers. Therefore, if the truck driver was an employee, it’s likely that it would share liability in an accident situation. However, if the truck driver was an independent contractor, it’s possible that the trucking company could either avoid liability or have it limited to an extent. If this is the defense brought against a legal claim, the plaintiff would need to offer proof that the truck driver, while ‘technically’ an independent contractor, was actually an employee based on several aspects of his or her driving routine.

Other drivers – In the majority of trucking accidents, more than two vehicles are involved. This is clearly because when a truck spins out of control, its size tends to ensnare other vehicles into its spinning or capsizing. However, it’s possible that during the course of an accident, another driver could make a mistake that creates liability to his or her vehicle as well, and not naming that party to the lawsuit could be seriously problematic.

The examples listed above are only three of several potential defendants to a legal action. They do represent a starting point for the legal analysis that will need to be done in order to properly provide you with a recommendation regarding the proper manner in which to move forward.

Why You Need a Trucking Accident Attorney

The decision regarding whom to name as a defendant in a legal action is only one of many that must be made. There are also other obstacles that must be overcome that are part of every step of the process. These include dealing with all of the relevant insurance companies who will be in touch with the injured victim to take a statement, handling the gathering and organizing of all of the documentation that will be needed to reinforce your claim and of course negotiating with the other parties who may be looking at the possibility of a settlement.