18 wheeler

What You Need to Know About Driving an 18-Wheeler: Safety Tips and Legal Insights

18-wheeler truck driving accidents are often catastrophic, especially when they involve smaller vehicles. These crashes can lead to severe injuries, fatalities, and significant property damage. Understanding the common causes of these accidents, key safety practices, and your legal rights can help you minimize risks and protect your interests if you’re ever involved in one.

Common Causes of 18-Wheeler Accidents

The negligence of truck drivers, trucking companies, and even manufacturers often plays a role in 18-wheeler accidents. Below are some of the major causes of commercial truck accidents:

Poor Vehicle Maintenance

Regular maintenance is critical for the safe operation of large trucks. Worn-out brakes, under-inflated tires, and faulty steering systems can lead to disastrous consequences. Unfortunately, some trucking companies and drivers cut corners on inspections and repairs to save money or time, putting others on the road at risk.

Both trucking companies and drivers should make sure their vehicles meet safety standards. Unfortunately, skipping or delaying necessary maintenance checks often leads to incidents like 18-wheeler accidents on I-30, where poorly maintained trucks cause accidents.

Improper Cargo Securement

The Federal Motor Carrier Safety Administration (FMCSA) has safety guidelines on how to secure cargo for safe transportation. Cargo that is not properly loaded or secured is a safety risk. It can shift during transit, make the truck lose balance, and cause an accident.

Overloading the truck beyond its weight capacity or failing to distribute the load evenly also increases the likelihood of accidents. For example, an overweight truck may struggle to stop in time, and an 18-wheeler with a poorly balanced load may sway dangerously during sharp turns.

Importance of Compliance with Hours of Service (HOS) Regulations

Driver fatigue is one of the leading causes of semi-truck accidents. To prevent this, the FMCSA set up hours of service (HOS) regulations. The purpose is to keep truck drivers from being overworked so they can get enough rest and stay alert behind the wheel. Unfortunately, some truckers and trucking companies devise means to circumvent these rules. 

Following HOS regulations benefits the public and everyone involved in the trucking industry. As a driver, complying with the rules helps you stay alert on the road, which makes you less likely to be involved in a crash. Ultimately, following HOS rules puts safety over profit. 

In addition to protecting their drivers, trucking companies that prioritize HOS compliance build trust with truckers, customers, and regulators. They will retain drivers because they provide a better work-life balance. Also, complying with the rules will help them avoid fines and penalties.

Overview of Legal Frameworks Surrounding Truck Accidents

The trucking industry is closely regulated. If you’re a trucker, there are certain rules you need to be aware of.

Key Legal Rights of Truck Drivers

You need to know your rights as a truck driver or people may take unfair advantage of you.

Hours of Service Rule

The FMCSA regulates how long truckers can stay on the road, which depends on whether the truck is transporting property or passengers.

For truck drivers carrying property:

  • 11-hour driving limit: Truck drivers can only drive for up to 11 hours after they have been off duty for 10 consecutive hours.
  • 14-hour driving limit: Truck drivers cannot be on duty for more than 14 consecutive hours after a 10-hour break.
  • 30-minute driving break: Truck drivers must take one 30-minute break for every eight hours they are on the road.
  • 60/70-hour limit: Truck drivers can only drive for a maximum of 60 hours in seven days or 70 hours in eight days.

For truck drivers carrying passengers:

  • 10-hour driving limit: Truck drivers can only drive for 10 hours after being off duty for eight consecutive hours.
  • 15-hour driving limit: Drivers may not drive for more than 15 hours after being off-duty for eight consecutive hours.
  • 60/70-hour limit: Truck drivers can drive a maximum of 60 hours in seven days or up to 70 hours in eight days.

Rights Against Coercion

Coercion occurs when a motor carrier, shipper, receiver, or transportation intermediary pressures a driver to violate federal safety regulations, including:

  • Hours of service limits
  • Commercial Driver’s License (CDL) requirements
  • Drug and alcohol testing rules
  • Vehicle weight, size, and load securement regulations

Coercion includes threats to withhold payment, cancel contracts, or terminate employment if the driver refuses to comply with the illegal demands. If a truck driver is coerced into violating regulations, they may face legal consequences such as penalties or even loss of their commercial driver’s license.

If you face this situation, you can file a complaint with the FMCSA within 90 days of the alleged coercion action. Attach documents that will support your complaint.

Rights Under Labor Law

There are wage and overtime laws for truck drivers that trucking companies and motor vehicle carriers must comply with. Regardless of whether you’re paid by the mile, your pay must meet federal and state minimum wage standards. To find out if your pay meets the minimum wage, divide the total number of hours you worked in one shift by the total wages you received.

Regulations governing commercial truck drivers overtime pay are a bit complex. Section 13(b)(1) of The Federal Motor Carrier Exemption under the Fair Labor Standards Act (FLSA) exempts most truck drivers from overtime pay. 

Employees are exempt from overtime if:

  1. They work for a motor carrier or motor private carrier
  2. Their duties as drivers, drivers’ helpers, loaders, or mechanics impact the safe operation of motor vehicles used for transportation on public highways in interstate or foreign commerce
  3. They are not covered by the small-vehicle exception

Rights To Break

Apart from the mandated breaks under the HOS rules, your agreement with the trucking company will often state the time you’re entitled to be at home.

Right Against Misclassification

Some trucking companies wrongly classify employees as contractors to cut costs. Two questions can help you understand whether you’re an independent contractor or an employee. The first is “Who owns the truck you’re driving?” If the company owns the truck, you’re an employee. The second is “Who owns the operating authority?” If the carrier owns the operating authority, you’re an employee.

Legal Rights of Other Motorists

Other motorists also have rights, including the right to:

  • Expect truck drivers to operate safely, follow traffic laws, and maintain their vehicles properly
  • Obtain the truck driver’s and trucking company’s contact and insurance information after an accident
  • Request truck logs, black box data, and maintenance records if the motorist is involved in an accident with an 18-wheeler
  • Hold truck drivers and other responsible parties, like trucking companies, liable for negligence

Steps to Take Immediately After an Accident

If you’re involved in an accident, take these steps to protect your interests:

  1. Seek medical treatment: Your priority should be your health and well-being. Even if you think your injuries are minor, it is always best to seek medical attention immediately after an accident. Some accident injuries are not obvious and may manifest later. Also, some you think are minor may be more serious than they appear. A doctor can run a thorough check to make sure you get the medical help you need. The medical report can also help you prove your injuries. 
  2. Check for others’ injuries: Check on the well-being of other parties — drivers and passengers. If anyone is seriously injured, call 911 immediately.
  3. Call the authorities: Report the accident to the police. Cooperate with them and provide a clear account of what happened. After they are done, ask for a copy of the accident report.
  4. Gather evidence: Collect as much information about the accident as you can. Take photographs of your injuries and the scene, get the other driver’s information, secure eyewitness testimonies, and request their contact information.
  5. Exchange information: The other driver may request information, such as your contact details, driver’s license, and insurance details. Cooperate with this. 
  6. Consult an attorney: Speak with an expert lawyer to help defend your rights, whether you want to file a claim or you were sued by the other party. Morris & Dewett Injury Lawyers can defend you against a lawsuit or help you seek compensation if the other party caused the accident.

Importance of Documentation and Evidence

As a truck driver, proper documentation, including keeping accurate records of your trip reports and maintenance receipts, may seem monotonous, but it can come in handy if you’re in an accident. 

Documenting and gathering evidence after an 18-wheeler truck driving accident will help protect your legal interests. There are several compelling reasons to take documentation seriously:

  • Establish fault: Proper documentation, such as taking photos, witness statements, and accident reports, helps in determining who’s at fault in a commercial vehicle accident. It will also help you to prove your insurance claims or lawsuits. Detailed records, like driver logs, black box data, and dashcam footage, can provide proof of the truck driver’s actions and protect against fraudulent claims by other parties.
  • Support insurance claims: Insurance companies require adequate evidence to process claims. With proper documentation, you’ll have evidence of all the damages you suffered so you can receive adequate compensation.
  • Verify compliance: If you maintain logs, such as hours-of-service logs, and document vehicle inspection records, you can show that you comply with regulations. This can help you defend yourself if you’re accused of negligence or regulatory violations.

Types of Compensation Available for Victims

Victims of 18-wheeler truck driving accidents can recover compensation by suing the trucking company if their driver caused an accident or suing the driver. The compensation covers both economic and non-economic damages:

Economic Damages

Economic damages are measurable losses that have a clear financial value. They include:

  • Medical bills, including medication, equipment, and cost of physical rehabilitation 
  • Loss of income
  • Property damage
  • Lost future earnings

Non-Economic Damages

Non-economic damages are not easily quantifiable because their financial value is subjective. They cover the following losses:

  • Pain and suffering
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of consortium

Final Thoughts: Practical Safety Tips for Truck Drivers

Following safety tips for driving commercial trucks will prevent accidents and protect truckers and other road users. These two tips can help you stay safe and maintain control on the road.

Understanding Blind Spots

Blind spots, also known as no-zones, are areas around the vehicle that the driver can’t see. Because of the large size of 18-wheelers, they usually have more blind spots than smaller vehicles. Usually, trucks have four blind spots — front, back, left, and right.

The first thing in managing your truck’s blind spots is to note them. Always keep your mirror clear and positioned correctly to give you the best visibility. To minimize accidents caused by blind spots, always maintain a safe distance between you and the vehicle in front of you. Also, if you must change lanes, signal your intentions with horns and lights to drivers who may be in your blind spots.

Managing Stopping Distances

Because big rigs are heavy, they require longer stopping distances than passenger vehicles, especially when they’re fully loaded. In adverse weather conditions, for instance, in wet or icy conditions, it may take even longer to stop a fully loaded 18-wheeler. Drivers should always adjust their following distance in poor weather to account for longer stopping distances. This could be the difference between avoiding a collision and being involved in an accident.

So, while you’re driving a semi-truck, give enough space between you and the vehicle in front of you. Regularly inspect your brakes and tires to ensure they are in optimal condition in case you need to make abrupt stops.

An Expert Truck Accident Lawyer Can Help

If you’re involved in a truck accident, whether you’re the truck driver, another motorist, or a passenger, an experienced truck accident lawyer can help you protect your interests. 

If you need help seeking compensation, our dedicated team at Morris & Dewett Injury Lawyers can help. Don’t let an accident ruin your future. Talk to our experienced truck accident lawyers today.

Morris & Dewett provides this information to the public for general education and interest. The firm does not represent clients in every topic discussed in answers to frequent questions. The information is curated and produced based on questions commonly asked or search terms commonly used. Every effort is made to provide accurate information. Do not make any decision solely based on the information provided, please seek relevant counsel for each topic area. Consult an attorney before making any legal decision, consult a doctor before making any medical decision, and consult a financial advisor before making any fiscal decision. Information provided is not legal advice. If you have any legal needs, please do not hesitate to contact us. We are pleased to assist you if we can or provide a referral to another attorney if we cannot.