Truck and Tractor Trailer Accidents

In the legal world, tractor-trailer wrecks are not treated as ordinary car accidents.

 Claims arising from wrecks caused by tractor trailers are much more complicated than simple automobile wreck claims.   The issues involving insurance coverage, trucking laws and regulations, vehicle equipment, and interstate laws make trucking accidents far more complicated.  Laws and regulations that apply to commercial carriers and their employers are different from those in typical car-to-car accidents. Our knowledge of federal and state trucking regulations and trucking industry practices provide reliable and confident representation of victims of commercial trucking accidents.   

An 18-wheeler is sometimes called "forty tons of death" and for good reason.  More than 5,000 Americans die each year in tractor-trailer wrecks or collisions with other large commercial vehicles. Because of their sheer size and limited maneuverability, the Federal Motor Carrier Safety Administration strictly regulates trucks and the trucking industry.

Here are a few of the many reasons tractor trailers and trucks cause accidents on our highways:

  • Inadequate truck maintenance
  • Unsafe operations
  • Inspections – brake inspections
  • The driver is rushing to meet a tight delivery deadline
  • The driver is tired due to driving for long periods
  • The driver is stressed and tired, not paying enough attention to other drivers and the road
  • It is difficult to see blind spots from a large truck
  • The driver does not leave enough space for his giant vehicle between other vehicles
  • Mechanical failure and defective components
  • Overloading or improper loading of the truck  

It is an established fact that tractor trailers and trucks are a leading cause of accidents on our highways and a federal study proves it. 

The FMCSA has a study out that "[d]rivers of large trucks and other vehicles involved in truck crashes are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance ...."

A quick summary from the press release about the study says: "The study, conducted with the help of the National Highway Traffic Safety Administration, investigated a national sample of fatal and injury crashes between April 2001 and December 2003 at 24 sites in 17 states. Each crash involved at least one large truck and resulted in at least one fatality or injury. The total sample of 967 crashes included 1,127 large trucks, 959 non-truck motor vehicles, 251 fatalities, and 1,408 injuries. Action or inaction by the driver of either the truck or other vehicle was the critical reason for 88 percent of the crashes."

The government study can be found at:  http://www.fmcsa.dot.gov/facts-research/research-technology/report/ltccs-2006.htm

An interesting quote from the Executive Summary: "Brake problems were coded for almost 30 percent of the trucks but only 5 percent of the passenger vehicles. Roadway problems were present in 16 percent of the two-vehicle cases, and adverse weather conditions were present in approximately 13 percent of the crashes. Interruption in the traffic flow (previous crash, work zone, rush hour congestion, etc.) was coded in almost 25 percent of the two-vehicle crashes."

Here are videos of what can happen in a tractor trailer wreck:

http://www.youtube.com/watch?v=slAfw1KZft4  Fire truck and Tractor Trailer Accident

http://www.youtube.com/watch?v=y_ijscfdMLo  Out of Control FedEx Tractor Trailer Truck Crashes into Police Cruiser

Virginia Tractor Trailer and Truck Accidents

The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic.

There are some situations where a tractor-trailer or other commercial motor vehicle is involved in only intrastate travel. For example, an appliance store in Virginia Beach or Norfolk may own a truck that only makes in-state deliveries.

The Virginia Department of Public Safety has adopted Title 49, Parts 382-384 and 390-399 of the federal regulations.

The following provisions are an overview of Virginia laws that affect trucks operating only in Virginia:

Driver Qualification:

Virginia has adopted Part 391 of the Federal Regulations with some exceptions. For example, the minimum age requirement for a person to hold an intrastate commercial driver’s license is 18. A minimum age of 21 is the federal law. Also, all licenses issued, other than a Commercial Driver’s License, will be issued without classification (except for motorcycle or Class M).

Hours of Service:

Virginia has adopted Part 395 of the Federal Regulations with one notable difference. The maximum driving and on-duty requirements can’t apply to intrastate transporters of agricultural commodities or farm supplies if the transportation is limited to an area within a 100-air-mile radius from the source of the commodities or farm supplies when such transportation occurs during planting and harvesting seasons.

Inspection and Maintenance:

Virginia has adopted Part 396 of the Federal Regulations in it’s entirety with no differences.

Crash reports are available from:

Department of Motor Vehicles
Customer Records Division
P.O. Box 27412
Richmond, VA 23269
(866) 368-5463 (toll free)

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If you need legal representation for injuries and damages sustained in an accident with a tractor trailer or a truck, email or call us right now.  We're experienced.  We get results.  We’re here to help!

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Web Resources for Truck and Tractor Trailer Accidents:

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