On May 31, 2021, many of the COVID-19 restrictions in Pennsylvania were loosened, and employers are hoping to get their workers back to work. With many about to return to their daily commute, and restaurants and other venues increasing their capacity, a familiar danger will once again be out on the road: Increased truck traffic.

According to the American Trucking Association, in a report issued before the pandemic, there were typically over 3.9 million trucks on the road in the United States at any given time, and the US Department of Transportation estimates 4,000 people die, and many more are catastrophically injured each year from large truck crashes. With commuters, travelers and truckers returning to the roads, it is important to know what to look out for while driving and what to do if you are involved in an accident with a truck or tractor trailer.

What Are Some of the Causes of Trucking Accidents?

There are many causes of trucking accidents, but the most common are driver fatigue and distracted driving.

The Federal Motor Carrier Safety Administration is responsible for regulating our nation’s truck drivers and trucking companies.  Federal “hours of service” regulations require that truck drivers may drive only during a period of 14 consecutive hours after coming on duty, with a 10-hour off-duty period between each 14-hour on-duty period. Within each 14-hour period, the driver may only drive 11 hours and must take a 30-minute break after 8 hours. This 14-hour period includes all breaks and gas-stops.    

Despite these laws, many truck drivers continue to drive their vehicles beyond the 11-hours approved by law and fail to take the required breaks. While truck drivers sometimes decide to drive long hours on their own, many trucking companies either expressly or indirectly push their drivers to violate the regulations to increase their bottom line. In 2017, USA Today published a detailed report on trucking companies forcing their drivers to drive in excess of the Federal regulations.

Fatigued drivers experience many of the symptoms suffered by anyone who has gone for long periods without sleep, all of which can cause an accident. These include

• Hallucinations;
• Longer reaction times;
• Decreased attention and alertness;
• Decreased ability to make proper driving decisions;
• Blurred vision; and
• Confusion.

Distracted driving is also a serious problem. The increased use of cellphones, GPS, and other distractions are just as dangerous, if not more dangerous, than driving tired. Distracted drivers also have longer reaction times, decreased attention and alertness and decreased ability to make proper driving decisions.

Signs that a truck driver may be fatigued or distracted include:

• Drifting in and out of the traffic lane;
• Driving too fast or too slow;
• Failing to react to traffic patterns or traffic control devices, such as traffic lights and yield signs; and
• Sudden changes in speed or direction.

Drivers who violate the Federal regulations such as the hours-of-service regulations are subject to fines and other penalties, including criminal prosecution. Violations of the regulations may also be used as evidence of negligence in a civil case if the driver’s violation caused an accident. Further, distracted driving, such as driving while texting or talking on a cell phone, is often a violation of State and Local laws, which violations can be used against a driver in a negligence claim.

What Should I Do If I Am in An Accident With a Truck or Tractor Trailer?

YOU NEED TO CONTACT AN EXPERIENCED ATTORNEY IMMEDIATLEY.  DO NOT DELAY!

Trucking accidents require extensive, urgent and experienced investigation. Your lawyer must conduct an investigation immediately, so the insurance and trucking company do not destroy critical evidence.

Modern trucks are typically equipped with “black boxes,” GPS reporting systems, speed monitoring devices and other equipment that store important data about the driver’s movements and whether they braked before or after a crash. An investigation must start right away to make sure this data is preserved and downloaded for use by an accident reconstructionist. Your attorney also needs to make sure photographs of the trucks and scene are taken, and that interviews with witnesses are conducted while memories are still fresh.

In a recent death case involving a collision between a truck, a car and a farm tractor, we immediately set to work investigating and gathering evidence. We arranged for the truck and other vehicles to be impounded and remain untouched until we could conduct a full investigation. Our expert, a retired Pennsylvania State Police Crash Reconstruction Specialist, then examined the vehicles, downloaded data from the vehicle computers, and conducted an exhaustive analysis. We used drones to photograph and scan the entire highway where the collision took place. Our expert was able to determine numerous data points, including the respective speeds of the truck, car and tractor, the closing speeds of each vehicle before the crash, and the reactions and response times of the drivers. This information was critical in resolving the case in our client’s favor, which later resulted in a significant settlement.

The truck driver and the trucking company responsible for the accident are often from another state. There may also be several individuals and entities who may be responsible for the accident, including the driver, the owner of the truck, the driver’s employer and the company whose freight was being hauled by the tractor trailer. Additionally, truck drivers are governed by special federal and state laws and regulations which do not apply to other drivers.

You need an attorney who has the experience and resources to investigate your case so key data is preserved.

At the Law Office of Alvin F. de Levie, Esq., we have decades of experience handling cases resulting from truck and tractor-trailer accidents. 

We handle cases throughout Pennsylvania: From Philadelphia and the surrounding counties to Centre County, from Central Pennsylvania to Pittsburgh, and from the New York border to the borders of West Virginia and Maryland. If you have suffered an injury or someone died as a result of a trucking accident, please call our firm – 24 hours a day, 7 days a week – at 844-777-2529 (Toll Free) or (215) 696-3900 for a consultation. One of our team members will be in immediate contact with you. We maintain offices throughout Pennsylvania in Philadelphia, State College and Bellefonte. We are willing to meet any clients throughout the Commonwealth.