Trucking Overview

Commercial vehicles are involved in an alarming number of traffic wrecks each year. According to Citizens for Reliable and Safe Highways (CRASH), 429,000 commercial vehicles were involved in wrecks in the United States in 2001. In these wrecks, 5,082 people died and an additional 131,000 were injured. Some of these tragedies were a direct result of careless truck driver conduct. However, a large number are attributable to commercial carriers' systemwide failure to implement safety management controls needed to promote the safe operation of a commercial vehicle. There are numerous results of a commercial carriers' failure to operate their businesses safety:

  • Hiring and using an incompetent, unskilled, unqualified or disqualified drivers
  • Failing to properly investigate a driver's background
  • Overlooking a driver's bad employment and driving record
  • Using a driver that does not have a commercial vehicle driver's license
  • Inadequate training of drivers
  • Improper supervision of drivers
  • Ineffective monitoring of drivers' speeding
  • Ineffective monitoring of drivers' moving violations
  • Ignoring drivers' wreck history
  • Inappropriate review of driving time behind the wheel
  • Allowing drivers to drive without proper rest
  • Improperly scheduling shipments and deliveries
  • Retaining the employment of an unqualified driver
  • Failing to properly maintain the commercial vehicle to ensure that it is safe
  • Ignoring driver complaints about the poor operation of the commercial vehicle
  • Failing to properly inspect the commercial vehicle to ensure that it is safe
  • Failing to properly equip the commercial vehicle to ensure that it is safe
  • Overloading the commercial vehicle
  • Improperly distributing the weight of the cargo
  • Improperly securing the cargo
  • Parking the truck in the travel lane
  • Failing to display flares when the truck is either stopped or disabled
  • Driving under the influence of alcohol or drugs
  • Providing the driver with radar detection
  • Unsatisfactory safety rating

For the victims and their families, the ability to uncover these types of failures is the objective in litigating a commercial trucking case. The hope is that, through litigation, the errors of the commercial carrier can be exposed and corrected so that another tragedy can be avoided.