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According to the Centers for Disease Control (CDC), road accidents are a leading cause of non-natural deaths in the US. These accidents end the lives of nearly 1.35 million people each year, especially between the age groups of 9 and 54.
Now, these numbers include car and truck accidents, along with single crashes and head-on collisions. The National Safety Council found that 5,700 trucks were involved in a crash as of 2021. That was a 16% increase since 2016.
Of these crashes, nearly 5,788 people died, and hundreds of others were left injured. Comparatively, truck accidents are less common than car crashes. But the main point of concern is that the two are vastly different. This article aims to draw a fair comparison between car and truck accidents to understand if one is more dangerous than the other.
Major Differences between Truck and Car Accidents
An accident is an accident, right? Yes and no. Yes, because there are certain similarities between car and truck accidents, such as both are tragic and may involve loss of life and property. In both cases, legal claims and lawsuits can be filed by the victim, and life takes a major turn as the victim and their family deal with the losses involved.
However, there are major differences between the two. Let’s understand in detail what makes a truck accident different from a car accident.
1. The Severity of the Impact
This is one of the obvious differences between a car and a trucking accident. Rightfully known as big rigs, the latter is large and more challenging to operate than passenger vehicles. When a massive 18-wheeler hits another vehicle, it is more likely that the impact will cause deaths and severe injuries.
Commercial truck accidents most likely cause deaths when there’s a two-wheeler or a passenger vehicle on the other end. Some of the most debilitating injuries include brain and spine injuries, broken bones, and permanent disabilities.
Property damage is significantly greater when compared to car accidents, incurring costly repairs.
2. Blind Spots and Immediate Stopping Power
Driving a large commercial truck can be compared to maneuvering an aircraft from the cockpit, with the only differences being the medium of travel and the auto-pilot feature. But it is important to remember that road traffic does not compare to air traffic, and there is no ATC to aid the driver in taking turns and emergency stoppages.
According to the United States Department of Transportation (DOT), poor visibility is one of the leading causes of commercial truck accidents. These vehicles have blind spots (on their right, left, and behind) where the driver has no clue about the nearby vehicles.
It is the responsibility of other automobiles to maintain a safe distance. If they fail to obey road rules, there’s a high chance of being forced off the road. For instance – poor visibility often causes a truck driver to notice an approaching vehicle at the last minute. By this time, his chance of stopping the vehicle reduces by 20 to 40%, and a collision is almost certain. The same is not always the case with passenger vehicles, which have no blind spots and can be stopped immediately.
3. Emergency Maneuvers
Two types of accidents, in particular – rollovers and jackknifing – are more common among commercial trucks than cars. The former is an accident in which the vehicle tips over its edge or the roof and lands on its head. The latter is a unique case with trucks because these vehicles pull their weight instead of being steered. Since their center of gravity is higher, trucks may lose control of their cargo (especially on icy or slippery roads).
Truck drivers need to compensate by driving slowly on wet roads, but if they try to swerve the vehicle in an attempt to overtake another, jackknifing becomes inevitable. Cars can perform sudden maneuvers (even on slippery roads) without facing any severe damage.
4. At-Fault Parties
Car accidents are pretty straightforward in the sense that either of the motorists is usually at fault or both. But truck accidents are hardly the outcome of a single party’s fault.
In many cases, different entities become liable because a commercial truck or trailer is not in the vested interest of a singular party (the driver). In most truck accident lawsuits, the following parties may be held accountable (directly or indirectly):
- The truck driver
- Truck manufacturer
- Truck maintenance crew
- Third-party cargo vendors
- Cargo loading teams
- The trucking company (Employer)
Why the Differences Matter
In each case, victims are entitled to file a car or truck accident lawsuit, respectively. In most commercial truck accidents, the trucking side receives claims demands or gets sued because of the size of the vehicle. Not to mention head-on collisions with trucks almost always do not end well for the other party.
However, the Federal Motor Carrier Safety Administration (FMSCA) has laid down certain legal regulations to address trucking accident lawsuits. These regulations may provide the plaintiff with some insight into measuring the extent of the defendant’s faults. This measuring stick is not available for standard car accident lawsuits. Let’s understand why the differences matter.
1. Vicarious Liability
This rule becomes applicable in cases where the truck driver is responsible for the accident. The vicarious liability rule makes the employer of the respective driver also a liable party if the accident happened during the driver’s working hours.
2. Evidence Involved
Car accidents usually involve circumstantial evidence, witness statements, photos or testimonies of the crash, and physical clues from the accident site. A trucking accident case often includes a wealth of evidence that may be gathered from sources like the truck’s black box, cargo loading manifests, the driver’s hours-of-service logs, Electronic Logging Devices (ELDs), and more.
These sources make it easier for the jury to give a fair verdict because trucking accident lawsuits are generally complex.
3. Litigation Challenges
Since there are more than one at-fault parties involved, trucking accident lawsuits are long-drawn and complex. Let’s take the example of a US city that has been deemed as the most dangerous in terms of road safety – the popular logistics hub of St. Louis, Missouri.
Given the busy interstates and ports on both sides, St. Louis is no stranger to big rig accidents. In almost every case, a reliable St. Louis trucking accident lawyer is needed because of the complex nature of the cases and the statutes of limitations.
The state of Missouri states that the victim must file a truck accident lawsuit within five years from the date of the accident (in case of serious injuries). The deadline is only three years for cases of wrongful death.
According to TorHoerman Law, trucking company insurers always find ways to refuse claims and are not willing to settle until a lawsuit is involved. Even then, they try to delay the claims process and settle for less than the case’s actual worth (unless an experienced lawyer comes into the picture).
With thorough knowledge of legal processes, a personal injury attorney helps the plaintiff reach fair settlements faster, despite complex litigation challenges. Car accidents are fairly straightforward and do not involve complex litigation issues.
Laws Binding Solely the Trucking Industry
The various rules laid down by the Federal Motor Carrier Safety Administration have made the trucking industry highly regulated. There are certain laws that this industry needs to abide by that car owners do not have to worry about.
This is another essential difference between the two automobile industries (though not directly related to road accidents). Let’s discuss those regulations in detail.
1. Limitations on Blood Alcohol Concentration (BAC)
The standard upper limit for BAC for other motorists across the US is 0.08, which is equivalent to 80 mg of alcohol for every 100 ml volume of blood. The same limitations are significantly lower for commercial truck drivers – 0.04, which is 40 mg of alcohol for every 100 ml volume of blood.
If they fail to meet these standards, they can be legally barred from driving.
2. Regulations about Hours of Service
The regulations on a truck driver’s hours of service state that they are only allowed to drive for a maximum of 11 hours after a consecutive 10 hours off-duty. Not only that, but each driver is entitled to a non-stop 30-minute break after 8 hours of continuous driving.
These regulations became vital in light of the rising number of truck accidents caused due to driver fatigue. Moreover, trucking companies must ensure that their drivers receive adequate 6 to 8 hours of sleep every night.
3. Rules on Record Maintenance
Trucking companies and drivers need to maintain certain record logs without fail. These rules state that detailed records of the driver’s alcohol BAC, compliance with hours of service regulations, and personal qualifications must be maintained.
These records help prevent trucking accidents and act as evidence in case one occurs.
The Key Takeaways
At the start of 2023, the FMCSA declared that it’s making new efforts to improve US road safety. Several Federal-aided projects are to be implemented to strengthen road infrastructure based on Industry 4.0 technologies, mainly the Internet of Things (IoT).
The new projects would include standards for road construction, traffic management, and real-time monitoring. Trucking companies may have to change their fleets to include vehicles installed with smart technologies like forward collision avoidance, automatic emergency brakes, speed limiters, and electronic stability control systems that help drivers avert a crash.
Finally, public awareness and personal responsibility also play major roles in making the roads safe for everyone. Collective efforts should help reduce the number of vehicle crashes, but time is the best judge in the matter.
