In the past four years the number of deadly accidents involving commercial trucks has risen 50% in Texas, while nationwide accidents are on the decline. This time period coincides with the boom in the oil and gas industry which has put more commercial trucks on the roads, but without increased safety oversight. Most of the crashes occur in the counties where the industry has the greatest activity, so the increase in accidents seems attributable to the oil and gas traffic.
Unsafe Commercial Trucks Are Still In Use
But accidents are not just caused by more vehicles operating, and the Texas highway patrol found in the course of inspections that over 25% of the commercial trucks in operation were potentially unsafe due to:
These conditions are allowed to exist in commercial trucking due to the constant use, wear and tear and lack of real inspection enforcement of companies in violation. Trucking companies will default to meeting customer deadlines and saving money if not forced into compliance.
Will More Damage Awards Force Companies to Increase Safety?
There have been damage awards for victims of commercial trucks in this area. Notably, one victim was awarded $6 million when two motorcycle riders were nearly killed by a truck in 2011. The driver had a history of drug and alcohol abuse, and his truck had not been inspected for 15 months up until the day of the accident. The cause of the crash was inoperable turn signal lights that failed to warn the victims that the truck was about to make a turn in front of them.
Many of the drivers of commercial trucks receive little training and are placed on the highways without adequate screening for drug use. Many of these vehicles carry highly flammable oil and gas products, so the ongoing danger to motorists becomes obvious. There are state audits and inspections, but the standards must be low to allow so many unsafe trucks to continue operation. There are really only two solutions to the problem: either increase inspections and safety standards, or aggressive pursuit of legal damages for injuries and deaths.
The Negligent Actions of Trucking Companies
Any claim for negligence would be constructed around the company’s inspection and repair processes, as well as training and screening of drivers. Any lack of a regular inspection routine or failure to repair known problems would form the basis for liability. Likewise, if the truck drivers are not well trained or have substance abuse problems, the company is responsible for their actions that cause an accident.
These elements are not difficult to establish and it is likely that as more accidents occur the victims will seek restitution for injuries and expenses. However, the real issue is how to prevent accidents and sometimes the threat of liability is sufficient to force a change in corporate behavior.