'TIS THE SEASON OF DELIVERY TRUCKS

The holidays are approaching, and that means people are shopping—for gifts, for festive clothing, for home goods. With more people shopping online than ever before, there are more and more delivery trucks on the roads, ranging from vans to Fedex and UPS vehicles to semi-trucks carrying full trailers of cargo.

Even the volume of mail being sent through the U.S. Postal Office increases around the holidays, with invitations to holiday events and parties, Christmas and Hanukkah cards, and packages. The increased mailings lead to more U.S. Postal Service trucks on the road, and more postal workers walking around neighborhoods—with the potential to become pedestrian casualties.  

According to data from the U.S. Department of Transportation’s Fatality Analysis Reporting System (FARS), there were a total of 4,102 casualties in multiple-vehicle crashes involving a truck in 2017. This number shows a significant 52% rise from the lowest point back in 2009 since the report was first drawn up when 3,147 were killed in the same manner. Data from the National Safety Council shows that 32.34 percent of trucking accident fatalities occur between November and January. This means that nearly one out of every three trucking fatalities happens during the holidays.  

Below, states are ranked for the total number of trucks involved in fatal accidents:

1. Texas – 543 (that makes up 14.3 percent of the nationwide total)

2. California – 244

3. Florida – 194

4. Pennsylvania – 175

5. Georgia – 149

6. Ohio – 146

7. North Carolina – 132

8. Oklahoma – 124

9 and 10. Illinois and Indiana each had 115 large trucks involved in fatal crashes

MOST COMMON CAUSES OF ACCIDENTS

Although every accident has unique circumstances, there are common characteristics that can be identified. For example, many accidents involving delivery trucks happen when the truck makes a sudden stop, or makes a sudden turn without signaling. We have all been behind a truck at some point when these unanticipated movements occur, and have had to apply our brakes quickly in order to avoid hitting the truck.  

Backing up without ensuring that no cars or pedestrians are in the way is another common cause of accidents involving delivery trucks. Roughly one out of every four accidents (25%) involves backing. Considering that the average driver operates in reverse less than a mile every year, this statistic is even more alarming. Improperly secured loads and mechanical failure are two additional common causes of accidents. They can be the result of failing to adequately check the truck, and can cause serious accidents if, for example, the load breaks loose or brakes fail to work properly. The Insurance Institute for Highway Safety's Fatal Causation Study found that in 55% of truck accidents involving injury, the truck had at least one mechanical failure.

Distracted driving and drowsy driving are two major causes of deadly accidents. Truck drivers work long shifts and are under pressure to get to destinations on time. With a severe shortage of drivers still occurring, the drivers that are employed are working longer and longer hours, resulting in exhausted and distracted people at the wheel of a 6 ton vehicle. In addition, some companies hire seasonal workers to deal with the extra volume of goods being delivered, and some of these seasonal workers lack experience and sufficient training, making their task of delivering goods all the more dangerous.  

LIABILITY

Accidents involving delivery trucks can pose more complexities in an injury case, in part because there are usually going to be at least three parties involved: the two drivers in a collision, and the truck driver’s company. This may mean a more complicated road towards a justified level of compensation, which highlights the importance of having the best legal representation possible if you are involved in such a case.  

In delivery truck accidents, there are several parties who could potentially be held liable:

Truck Drivers - Truck drivers can be held liable if it is found that they were driving negligently or recklessly. This could include speeding, driving under the influence, or violating other traffic laws.

• Truck Companies - The trucking company that the driver is employed by can also be held liable if it is found that they did not properly maintain the truck or if they encouraged the driver to take risks on the road (for instance, by not including sufficient time for rest/sleep when scheduling drivers, or for setting unrealistic destination times). More often than not, a trucking company will be found liable for a collision rather than the truck driver.
• Parts Manufacturers - In some cases, accidents may be caused by defective truck parts. In these instances, the manufacturer of the defective part can be held liable.

CONTACT YOUR ATTORNEY

Dave Thomas at The Thomas Law Firm is a personal injury attorney who has a lot of experience in truck-involved accidents. Contact him for a free consultation about the compensation your claim deserves.