According to the Federal Motor Carrier Safety Administration (FMCSA), there were over 490,000 accidents involving large trucks in the U.S. in 2021. Of these, over 5,100 were fatal crashes, and over 430 occurred in California—making it the second deadliest state in the U.S. for truck accidents. Between 2012 and 2021, truck accident deaths increased in the Golden State by 67%.
The Orange County truck accident lawyers at Case Barnett Law understand that when you lose a loved one in a wrongful death truck crash, your life is never the same. The financial and emotional costs of your loss can be overwhelming, and you may wonder if your family can recover damages. While our lawyers know that compensation for a wrongful death claim can never bring your loved one back or heal your pain, they do know that recovering for damages can bring closure and may deter other negligent truck drivers from making the same mistakes. Here, we discuss why truck accident claims are more complex than other types of wrongful death claims and what often causes these horrific accidents.
Wrongful Death Truck Accidents: What Causes Them
The unexpected loss of a loved one in a commercial truck accident can shatter a family. Truck accidents are 2.5 times more likely to result in a fatal injury compared to other types of vehicle crashes, and it’s likely that a trucking company or truck driver’s negligence was the cause. If negligence caused your loved one’s death, you may be entitled to compensation through a wrongful death claim.
The FMCSA reports that over 85% of truck accident wrongful deaths occur due to truck driver-related reasons, including the following:
Distracted Driving
Any behavior that takes a driver’s attention away from the road is considered distracted driving. This can be looking at a billboard, texting, eating, adjusting a GPS, or simply daydreaming. These types of activities increase the risk of a truck driver causing a fatal accident.
There following factors can make distracted truck driving especially dangerous:
- The size and weight of a large semi-truck means it needs a longer stopping distance than a regular vehicle. When a trucker is distracted, they may be unable to stop in time to avoid a crash.
- When a commercial truck is fully loaded, it can weight up to 80,000 pounds. Other vehicles weight around 4,000 pounds. A collision between the two can result in fatalities for the occupants of the smaller vehicles.
When a distracted truck driver causes a fatal accident, surviving family members may pursue a wrongful death claim. Attorneys for these cases typically look for evidence of distractions and will examine cell phone records, dash cam footage, black box data, and witness statements.
Truck Driver Fatigue or Drowsiness
A leading cause of truck accidents in the U.S. is drowsy driving. Because truckers are under huge pressure to meet deadlines, they may disregard common sense and FMCSA regulations to meet them. If they do, an accident can happen, and a passenger in a smaller vehicle may be injured or killed.
The FMCSA regulates the commercial trucking industry and how many hours a trucker is permitted to operate their trucks on a daily and weekly basis. In 2020, new rules were put into effect for truckers that include:
- An 11-hour daily driving limit
- A 70-hour maximum work week, followed by 34 hours off duty
- A required 30-minute break after eight consecutive hours of driving; the 30-minute break may be taken in “on-duty, not driving” status or “off duty” status
Because the trucking industry is competitive, these regulations are not always met, and sleep-deprived drivers still get behind the wheel and drive when they’re not supposed to. The faster they make a delivery, the more quickly they can be on the road with another. Some trucking companies pay their drivers by the mile and don’t pay them for time spent on inspections or mandated rest times. So, a driver may be encouraged to ignore rest breaks to maximize their pay.
There are many factors that contribute to truck driver fatigue, including the following:
- Long hours on the road
- Driving in the dark
- The monotony of driving on long, empty stretches of road
- Taking over-the-counter medication
- Extended work hours
Additionally, speeding, driving under the influence of alcohol or drugs, and failing to observe traffic signals are all negligent behaviors that can contribute to a wrongful death accident.
Your First Critical Step: What to Do After a Wrongful Death Truck Accident
If you lost a loved one in a wrongful death truck accident, the best thing you can do is hire an attorney as soon as possible. Truck accident claims are more complex than claims for other types of accidents, and there is potentially more than one at-fault party. Trucking companies have a team of lawyers at their disposal, and they’ll work hard to pay you as little as possible. That’s why you need legal counsel. If the Orange County truck accident lawyers at Case Barnett Law take your case, they will work tirelessly to do the following:
- Send a spoliation letter. This letter notifies the trucking company that it must preserve critical evidence that might be important to your claim or lawsuit. The recipient of the letter must take steps to ensure that no evidence mentioned is lost or discarded.
- Investigate the truck crash. Your attorney will work to recover evidence to build a solid wrongful death case for your family.
- Identify all liable parties. Often in a truck wrongful death case, there are multiple liable parties and potential sources of compensation.
- Document financial losses. Your lawyer will document your family’s current and future financial losses due to the death of your loved one.
- Determine the emotional impact. Your lawyer will establish the emotional impact the death has made on your family.
- Manage communication with the insurance companies. Your lawyer will handle communication with insurance adjusters, truck company representatives, and defense lawyers so you can mourn the loss of your loved one in peace
- Negotiate your compensation. Your lawyers will fight for maximum financial recovery, either through a settlement or in court.