Insight

Onboard Safety Technology―Preventing Truck Accidents Before They Happen

The top three causes of truck crashes are rear end collisions, lane departures, and rollover accidents.

Onboard Safety Technology in Trucks
Andrew R. Young

Andrew R. Young

January 19, 2017 12:00 AM

The top three causes of truck crashes are rear end collisions, lane departures, and rollover accidents. A vicarious liability admission by the truck company on behalf of its driver's negligence is all well and good. However, it does not truly represent the best interests of the accident victims because it fails to provide real answers to the following burning questions:

  1. Why did this truck crash happen?
  2. Were the truck crash and loss to the victim(s) preventable?
  3. Can the truck company prevent future similar crashes?

The Federal Motor Carrier Safety Administration (FMCSA) defines the word "accident" as "an occurrence involving a commercial motor vehicle operating on a highway in interstate or intrastate commerce which results in: (I) A fatality; (ii) Bodily injury to a person who, as a result of the injury, immediately receives medical treatment away from the scene of the accident; or (iii) One or more motor vehicles incurring disabling damage as a result of the accident, requiring the motor vehicles to be transported away from the scene by a tow truck or other motor vehicle."

A truck company/motor carrier must maintain an "accident register" for three (3) years after the date of each accident. Information placed into the "accident register" must include the type of accident and the consequences that resulted. The FMCSA provides educational materials that introduce the concepts of "preventability analysis and accident countermeasures" to aid motor carriers in their effort toward safety management proactively reducing the number and severity of truck crashes. These materials assist motor carriers in analyzing their truck drivers' accidents to determine preventability and "to create strategies to keep similar accidents from happening in the future."

Practice Tip: Take time to explore the Federal Motor Carriers Safety Administration's website and materials available to help motor carriers improve safety within their fleet. Download or print a copy of "A Motor Carrier's Guide To Improving Highway Safety." The "Accident Countermeasures" section gives great guidance for training drivers to prevent accidents for all potential accident types: struck in the rear by another vehicle; accidents at intersections; striking another vehicle in rear; sideswipe and head-on collisions; backing accidents; accidents while passing, etc.

A Truck Company's Direct Negligence

An experienced truck accident attorney understands that in every trucking case a separate claim for negligent entrustment, hiring, training, supervision, retention, and vehicle maintenance must be alleged. More importantly, this attorney recognizes the importance of educating the judge that the truck company's direct negligence is a distinctly different liability claim than the vicarious liability / respondeat superior admission. Ohio judges must allow discovery into areas of negligence regarding the truck company's hiring, training, entrustment, supervision, and retention of the defendant truck driver.

Why should the additional discovery matter when liability is already admitted? The purpose is to expose the fact that a trucking company took unnecessary risks by not utilizing the safest available options for equipping their trucks with technology that supervises driving behavior and assists drivers with crash avoidance. The goal is to expose dangerous practices or unnecessary risks that have an effect on the motor carrier's entire fleet of drivers and trucks. This expands the liability exposure beyond the specific accident that is the focus of the litigation. It further allows a jury to determine and apportion fault between the truck company and the truck driver. An act or omission by the truck company likely was a contributing factor for the subject truck and driver failing to either stop in time, maintain his or her lane of travel, or keep the vehicle upright.

See also Summer Travel, Trucking, and Hidden Dangers

Related Articles

Masters in the Courtroom


by Best Lawyers

A look into The Law Offices of Frank L. Branson and the notable work of its lawyers against negligence.

Law Offices of Frank L. Branson

IN PARTNERSHIP

Easton & Easton: Let Our Family Help Yours


by Justin Smulison

For more than 50 years, Easton & Easton have continued to be the go-to trial law firm for injury and wrongful death claims in Southern California in 2023.

Group of lawyers pose at table with globe in forefront

Understanding Statute of Limitations in Personal Injury Cases


by Best Lawyers

In personal injury cases, the statute of limitations can vary depending on several factors. To navigate the process, consider hiring a legal professional.

Animated woman holding a clock and coin while balancing on plank

IN PARTNERSHIP

This Man Can Protect You From Unsafe Trucks


by The Law Offices of Frank L. Branson

Texas-based listed lawyer Frank L. Branson has dedicated his legal career to helping consumers, representing the families and victims of serious truck accidents.

Suited man sits behind desk and writes on notepad

Unwavering Dedication to Clients


by Best Lawyers

Trial attorneys Michael Lyons and Chris Simmons find motivation when the result means everything.

Trial Attorneys at Lyons & Simmons

Truck Safety Watchdogs


by Best Lawyers

Unqualified, Poorly Trained Truck Drivers and Unsafe Trucks Heighten Roadway Dangers

Truck Safety and Roadway Dangers

Cost to Boss


by Gregory Sirico

New Colorado legislation aims to stop employers from dodging direct negligence claims.

Employers Dodge Direct Negligence Claims

Best Lawyers: A Technology Powerhouse in the Legal Industry


by John Ettorre

Best Lawyers, a legal publishing company, is paving the way in the industry as a tech-first giant.

Best Lawyers is a Tech-First Titan

Insuring the Future


by Best Lawyers

Thomas Heitzer discusses how new technology advancements are impacting the insurance realm.

An Interview With Noerr

Uber Negligence


by Daniel Katz

Who is responsible for gig economy car accidents?

Litigating ride-hailing services

Up To the Challenge


by Justin Smulison

Leading the Litigation for the 2016 Silver Spring Apartment Explosion

Fights for justice

A Texas-Sized Reputation


by Justin Smulison

Dan Sciano’s proven record of success and leadership has made him a highly sought-after plaintiff’s litigator in the Lone Star State.

Dan Sciano: Expert Civil Litigator

Baraona Fischer & Cia on the Changes Coming to Tax Law in Chile


by Best Lawyers

Juan Manuel Baraona of the 2019 "Law Firm of the Year" award-winner for Tax Law in Chile discusses forthcoming regulations, career highlights, and his secrets to success in an interview with Best Lawyers CEO Phillip Greer.

Baraona Fischer & Cia LFOTY

Internet Speech in the Crosshairs


by Ari Holtzblatt and Jamie Gorelick

Charges of anti-right bias notwithstanding, online platforms are on solid ground when they defend their policies and procedures as neutral and protected by the First Amendment.

Is Internet Speech Protected?

The Fighter From New York


by Justin Smulison

Benedict Morelli discusses recent successes and high-profile casework.

Benedict Morelli of Morelli Law Firm

FinTech at the Crossroads


by Rob Scavone, Pat Forgione, Tayleigh Armstrong, and Kelly Kan

Regulating the Revolution

Fintech at the Crossroads

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky