Southern California is one of the busiest regions for the trucking industry. Orange County is no stranger to seeing multiple commercial trucks on the roads. With so many different highways covering SoCal region, it’s all too common for road accidents to occur. These commercial truck related accidents are projected to rise as the current situation continues to create changes that make a highly competitive profession even tougher.
Whether you are a veteran trucker or just starting, it pays to learn more about the causes of common road accidents. Aside from giving you insights on preventing them, it informs you of your rights as a victim or as an offender. Protect yourself and your future in the profession by knowing your rights on the road.
What Causes Truck Accidents?
Trucking is considered a high-risk profession because of how operations are set up. Although there are protocols in place to ensure the health and safety of drivers, these are not followed often. Familiarizing yourself with the causes of truck accidents will prepare you to develop a plan on how to avoid them.
Driver Fatigue
The Federal Motor Carrier Safety Administration has implemented restrictions on how long a driver can operate to prevent fatigue. Drivers are required to take breaks between shifts to rest and recharge. But some often go against this to reach their destination sooner. This often leads to them falling asleep on the wheel and causing an accident.
Distracted Driving
It’s common for drivers to multitask while they’re behind the wheel. It’s typical to see drivers use their phones, adjust their GPS, or eat and drink while they’re on the road. With their focus elsewhere, they are at risk of causing accidents.
Lack of Skills
Driving a truck requires skill and training. But as completion gets tougher in the industry, the number of unqualified drivers increases. When an inexperienced driver gets behind the wheel, they are at risk of causing serious accidents on the road.
Blind Spot Driving
A large commercial truck has several blind spots, including the space directly in front of the cab, the space directly behind the truck, and both sides of the truck. When passenger vehicles drive in these spots, the truck driver won’t see them, and they are at risk of getting into a collision.
Mechanical Failure
A common cause of truck accidents is mechanical failure. Truck owners and operators are required to inspect and maintain their vehicles regularly. Failure to do this often leads to faulty equipment and mechanical issues that compromise the driver’s ability to control the truck.
Who’s Responsible? Liability on the Road
Educating yourself on the common causes of accidents can help you prevent them. If you do get into an accident while on the job, however, it’s important that you know your rights. The primary cause of the incident determines liability in truck accidents.
Trucking Company
If you are a company driver, your employer will typically be held accountable for accidents. But this is only after a thorough investigation. The authorities have to prove that the company is responsible for what caused the accident. It can be any of the following:
- Setting unrealistic deadlines that force drivers to clock in more hours on the road
- Neglecting to inspect and maintain vehicles regularly
- Hiring unqualified or ineligible drivers to increase deliveries
Truck Driver
You can be held liable for any accident, whether you are self-employed or a company driver. Although most underlying causes are due to the company’s practices, your response to these can shift the blame onto you.
- If you consume drugs or alcohol while on the clock and your inebriation causes an accident
- If you choose to continue driving when you are already tired and drowsy
- If you fail to report mechanical issues that you know compromise your control over your vehicle
Independent Owner
If your company does not own the vehicle involved in the accident, the owner will often be held liable. They are often responsible for the inspection and maintenance of these vehicles. Their failure to accomplish these tasks regularly can lead to accidents, for which they can be charged.
Responsible 3rd Party
On some occasions, liability will fall on a third party. This includes other motorists and other truck drivers and their companies. However, they have to be investigated thoroughly to prove they were responsible for the accident. Once their involvement has been proven, they can be charged for the accident.
Your Rights as a Truck Driver
Federal and state laws have been modified in favor of truck drivers. If you think your employer is putting your health and safety at risk, you are within your right to refuse to drive. Here are some examples of when you can refuse to work:
- Inclement weather
- Suspected mechanical issues
- Insufficient training
- Over-fatigue
The trucking community in Orange County is vulnerable to unethical business practices when there is misinformation. By educating yourself on the matter—from your rights as an employee and your company’s responsibility towards you to the common causes of truck accidents—you can better protect yourself at work.
Also, you have the right to ask your employer for the necessary solutions to the ongoing pandemic. At the beginning of the year, the trucking industry was one of the few that remained in full operation during the countrywide lockdown. It presented several challenges, including where drivers can rest and eat. Your company is responsible for your health and safety on the job. Their failure to adapt to the new normal can result in bad practices on your end (e.g., driving beyond the legal hours).
Protect Yourself from the Worst
It pays to know your rights, both on the road and as an employee. Safety on the road is everyone’s responsibility. But as someone in-charge of operating a large vehicle, you are expected to be in full control. By educating yourself, you can prevent accidents from happening.
Truck Driver Rights provides personal injury and wage disputes to the trucking community in Orange County and beyond. If you are suspicious of your company’s practices, you can contact us for a consultation. Book an appointment here.