In July 2007, the Federal Motor Carrier Safety Administration (FMCSA) released the results of The Large Truck Crash Causation Study (LTCCS). The goal of the study was to pin point the cause of the estimated 141,000 fatal or injury accidents involving large trucks in the 33 months between April 2001 and December 2003. The LTCCS closely examined a sample of 963 crashes which resulted in 249 deaths and 1123 injuries. For each crash, up to 1000 data elements were collected, including the condition of the truck driver and other drivers involved in the crash, the behavior of the drivers during the crash, the condition of the vehicles, the condition of the road, and the weather.

Of the crashes in which a heavy truck was identified as the primary reason for the crash, 87% were attributed to a failure of the driver, 10% were attributed to a failure of the vehicle, and 3% were attributed to environmental conditions. The LTCCS also identified the factors most strongly associated with the risk of a truck crash, including cargo shift, driver illness, illegal maneuvers, following traffic too closely, and driver inattention. Hopefully, the results of the LTCCS will serve as a guide to law makers in the creation of appropriate safety regulations to protect the motoring public.

A summary of the LTCCS is available here. For complete information about the LTCCS, including the original data, the methodology, and the resulting report to Congress, visit the LTCCS website here.

In September 2003, a Fresno California truck driver fell asleep at the wheel, causing a multi-vehicle crash resulting in the death of a father and son. Investigation revealed that the driver had been driving for 19 consecutive hours, greatly exceeding the maximum hours of service permitted by federal regulations. Ultimately, five truckers at the same company plead guilty to falsifying their log books.

Given the competitive nature of the trucking industry, it is unfortunate, but not surprising, that commercial truck drivers sometimes violate the hours of service regulations and alter their records to escape detection. In recognition of these temptations, trucking companies must institute practices and procedures to encourage their drivers to comply with the law. In this tragic case, however, just the opposite occurred. The trucking company executives actually conspired with drivers to falsify records to hide routine safety violations.

In June 2008, executives of Nijjar Brothers Trucking Inc. were sentenced for aiding and abetting the falsification by their drivers of official documents required by the Federal Motor Carrier Safety regulations. The trucking company owners face prison, probation, and fines, all of which will come as little comfort to the families of the victims.

The investigation of most motor vehicle crashes focuses on the conduct of the driver. Truck crash investigation must also focus on the conduct of the trucking company which may foster a culture of unsafe trucking practices. Public safety demands this emphasis on corporate accountability.

Truck safety advocates often battle with the trucking industry over truck safety legislation. Recently, the issue of truck weight limits took center stage. The trucking industry favors higher weight limits for more profitable operations. Truck safety advocates contend that heavier trucks pose greater risk to the motoring public.

On May 13 and 14 2008, the trucking industry group Americans for Safe and Efficient Transportation (ASET) hosted a “fly-in” to lobby congress for legislation increasing the weight limit for heavy trucks from the current 80,000 pounds to 97,000 pounds, a 21% increase. According to the ASET website, such a change would increase efficiency and decrease pollution.

As reported by the Washington Post (the articles are reprinted at the ASET website), the idea is opposed by certain key members of the Senate who quickly introduced legislation to prevent any increase of the weight limit, claiming that heavier trucks take longer to stop, cause more damage to public roads, and are more inclined to cause roll-over accidents. (This legislation, the Safe Truck Operations and Preservation Act, may be viewed at the Library of Congress website by searching for S3021.) These concerns are shared by truck safety advocacy groups such as Advocates for Highway and Auto Safety which outlines the dangers of heavier trucks in a “Fact Sheet” here.

Commercial truck drivers work long hours under physically demanding conditions. Ensuring that drivers get enough rest is a critical component of truck safety. That is the purpose of the federal Hours of Service regulations.

Commercial truckers transporting property (the rules for passenger trucks are a bit different) are subject to daily and weekly limits on the number of hours they are permitted to work.  Generally, drivers are permitted to work no more than 14 consecutive hours. Of that time, only 11 hours may be devoted to driving. (The remaining time may be devoted to paperwork, loading and unloading, etc.) After exhausting these limits, drivers are required to spend a minimum of 10 consecutive hours off duty.

Drivers are subject to weekly limits as well. The regulations prohibit driving after the driver has been on-duty 60 hours in 7 consecutive days, or 70 hours in 8 consecutive days. Drivers may restart the 60 or 70 hour clock by taking no less than 34 consecutive hours off duty.

Drivers must record their status throughout the day as either “off-duty”, “sleeper berth”, “on duty, not driving”, or “driving.” An example of a completed log book is provided by the Federal Motor Carrier Safety Administration here.

In truck crash litigation, it is important to study the driver’s logbook, but that is only a first step. The Hours of Service regulations are well known in the trucking industry, and commercial truck drivers will rarely confess to a violation in the log book. The possibility of falsified log books must always be considered. Log book entries should be compared to other evidence including receipts for fuel and food, credit card statements, cell phone records, bills of lading and other shipping records, loading dock security logs and servailance tapes, and GPS tracking data. A determination about whether a trucking crash was caused by a violation of the Hours of Service rules can be made only after all of the evidence has been considered.