Client Review by Trucker Injured in 3 Semi CrashQuick Answer
Fatal truck accidents occur when collisions involving large commercial vehicles cause one or more deaths. According to the NHTSA, in 2023 more than 5,472 people died in crashes involving large trucks across the United States. Common causes include driver fatigue, speeding, distracted driving, and equipment failures. Families who lose a loved one in a fatal truck crash may be able to pursue a wrongful death claim against the responsible parties.
As a trusted truck accident law firm serving clients throughout Kansas City and the surrounding areas of Kansas and Missouri, Flick Truck Accident Law can help families pursue compensation and accountability after losing a loved one in a commercial vehicle crash. Flick Truck Accident Law has more than 40 years experience. We understand how devastating these cases are and how important it is to hold negligent parties accountable.
Why Truck Accidents Can Kill
Large commercial trucks pose unique dangers on the road. A typical empty semi-truck + trailer can weigh 30,000 – 35,000 pounds. The legal maximum gross vehicle weight (GVW or gross weight) for a standard big rig (tractor-trailer combination) on U.S. interstate highways can be 80,000 pounds or more. Typical passenger cars can weigh 3-4,000 pounds.The force involved and massive weight difference when an 80,000 lb big rig hits a smaller passenger vehicle can be enormous and tragically, in some cases, fatal.
According to the National Highway Traffic Safety Administration, more than 82% of people killed in large truck crashes in 2023 were not occupants of the truck. Instead, they were drivers or passengers in other vehicles, pedestrians, or cyclists. This pattern has remained consistent for years.
The stopping distance for a large truck is also significantly greater than for passenger vehicles. A fully loaded 18-wheeler traveling at typical highway speeds (around 65 mph) under ideal conditions requires approximately 525 feet to come to a complete stop. This includes perception/reaction time plus actual braking distance and is much more than the stopping distance required by smaller passenger vehicles.
Leading Causes of Fatal Truck Accidents
The Federal Motor Carrier Safety Administration conducted an extensive study to identify what causes serious truck crashes. The research found that most fatal accidents involve multiple contributing factors rather than a single cause.
Driver Fatigue
Fatigued or tired truck drivers are a major factor in truck crashes. The FMCSA’s Large Truck Crash Causation Study found that approximately 13% of commercial motor vehicle drivers involved in serious crashes were fatigued at the time of the accident. Research shows that being awake for 18 hours produces impairment equal to a blood alcohol concentration of 0.08%, which is the legal limit for intoxication.
Federal hours-of-service regulations limit how long truck drivers can operate their vehicles. Most truck drivers aren’t allowed to drive more than 11 hours following 10 consecutive hours off duty. They also can’t drive beyond the 14th consecutive hour after coming on duty. Despite these rules, some trucking companies might pressure drivers to exceed these limits to meet delivery deadlines.
Speeding and Reckless Driving
Speed was the most frequent driver-related factor recorded for large truck drivers in fatal crashes, according to FMCSA data. Driving too fast for conditions, exceeding posted speed limits, and making aggressive maneuvers all increase the risk of losing control of an 80,000-pound vehicle.
Distracted Driving
Like all motorists, truck drivers face distractions from cell phones, GPS devices, dispatching systems, and other electronics. At highway speeds, even a few seconds of distraction can be fatal. Federal Motor Carrier Safety Regulation (FMCSR) § 392.80 prohibits commercial drivers from texting while operating their vehicles. FMCSR § 392.82 prohibits the use of a hand-held mobile phone while driving
Equipment Failure
Brake failures, tire blowouts, and other mechanical problems can contribute to fatal crashes. Trucking companies are required to regularly inspect and maintain their vehicles. Truck drivers are required to do “pre-trip” inspections each day before they start driving. When they cut corners or miss something, the results can be deadly. The truck’s owner, the maintenance company, or even a parts manufacturer could share responsibility when equipment failures cause crashes.
Improper Loading
Improperly loaded or secured cargo can shift during transport. This can cause a truck to become unstable or tip over. In some cases trucks have tipped over onto adjacent vehicles causing serious or fatal injury to occupants of the other vehicle. Overloaded trucks can be harder to control and take longer to stop. When cargo occupants of the isn’t properly secured, it can also spill onto the roadway and create hazards for other drivers.
Current Fatal Truck Accident Statistics
The numbers paint a troubling picture of truck safety in America. According to NHTSA’s 2023 traffic safety data:
- 5,472 people died in crashes involving large trucks in 2023
- This represents about 13.4% of all traffic fatalities nationwide
- Large trucks make up only about 5% of vehicles on the road
- Fatal truck crashes have increased by more than 40% over the past decade
- Over 153,000 people were injured in large truck crashes in 2023
While the 2023 numbers showed a decrease from the record-high 2022 totals, the overall trend over the past 14 years has been an increase in both fatal crashes and injuries involving commercial vehicles.
Lawrence Flick, head attorney at Flick Truck Accident Law tracks these statistics because they affect families in Kansas City and throughout the region every day. Understanding the scope of this problem helps Flick Truck Accident advocate more effectively for our clients and push for improved safety standards.
What to Do After a Fatal Truck Accident
If you’ve lost a family member in a truck crash, the days and weeks following the accident are critical. Here’s what you should know about protecting your rights:
Preserve Evidence Quickly
Trucking companies start their own investigations immediately after a crash. They may send teams to the accident scene within hours. Critical evidence like electronic logging device data, dashcam footage, and maintenance records can disappear if steps aren’t taken to preserve them. A truck accident attorney like Flick Truck Accident Law can arrange for experts to obtain evidence by inspecting the truck, downloading electronic data from it and sending spoliation letters requiring the trucking company to preserve other relevant evidence.
Understand the Investigation Process
Multiple law enforcement and other government agencies may investigate a fatal truck crash. State and local police may conduct their own investigation. The FMCSA may also get involved, particularly if the crash reveals violations of federal trucking regulations. In particularly serious crashes the National Transportation Safety Board can conduct investigations. These may take weeks or months to complete.
Know Who May Be Liable
Fatal truck accident cases often involve multiple defendants. Potentially responsible parties include the truck driver, the trucking company, the semi-tractor and trailer’s owners (if different from the driver or company), freight brokers, shippers, maritime shipping companies.
Wrongful Death Claims in Kansas and Missouri
When negligence causes a fatal truck accident, surviving family members may file a wrongful death lawsuit. The rules differ slightly between Kansas and Missouri.
In Missouri, the general statute of limitations for wrongful death claims is three years from the date of death. Surviving spouses, children, and parents typically have standing to file a claim. Missouri does not cap damages in wrongful death cases except in medical malpractice situations.
Kansas law generally gives families two years from the date of death to file a wrongful death lawsuit. Any heir at law of the deceased person may file a claim. Kansas does not cap non-economic damages in general personal injury cases.
Both states allow families to recover compensation for medical expenses incurred before death, funeral and burial costs, lost income the deceased would have earned, and the loss of companionship, guidance, and support.
Compensation Available in Fatal Truck Accident Cases
Families pursuing wrongful death claims may recover several types of damages:
Economic damages include funeral and burial expenses, medical bills incurred before death, lost wages and benefits the deceased would have earned, and the value of household services the deceased provided.
Non-economic damages compensate for intangible losses like the loss of love, companionship, and guidance. These damages also cover the emotional pain and suffering experienced by surviving family members.
Punitive damages may be available in cases involving particularly reckless or egregious conduct. For example, if a trucking company knowingly violated safety regulations that led to the crash, punitive damages might apply.
The exact value of any wrongful death claim depends on numerous factors, including the deceased person’s age, earning capacity, and relationship to the surviving family members. An experienced truck accident attorney can help calculate the full extent of damages in your case.
FAQs About Fatal Truck Accidents
Who can file a wrongful death lawsuit after a truck accident?
The answer depends on state law. Missouri has a hierarchy of people who can file a lawsuit for the death. The spouse, children, or surviving lineal descendants of any deceased children (natural or adopted, legitimate or illegitimate), or the father or mother of the deceased (natural or adoptive) have first priority.
In Kansas, any heir of the deceased who sustained a loss because of the death may file suit. Often, the personal representative of the estate files the lawsuit on behalf of all eligible family members.
How long do I have to file a wrongful death claim?
In Missouri, you generally have three years from the date of death. In Kansas, the deadline is usually two years. However, waiting to consult an attorney is not a good idea. Important evidence can be lost or destroyed if prompt action is not taken to preserve it. Experienced, knowledgeable truck accident lawyers can take timely steps to preserve this evidence.
Can I sue both the truck driver and the trucking company?
Yes. Trucking companies are typically responsible for their drivers’ actions when those actions occur during the course of employment. Additionally, trucking companies can be directly liable for negligent hiring, training, or supervision practices, or for pressuring drivers to violate safety regulations.
What evidence is important in a fatal truck accident case?
Important evidence includes data from the truck’s black box (ECM) and electronic logging device (ELD), dashcam video, photos of the crash scene and vehicles involved, trucking company documents, police reports and witness statements. Data from the truck’s ECM can show the truck’s speed before and at the time of the crash, whether the driver was braking or on the gas and other vehicle information. Data from the electronic logging device or paper logs can show the hours the driver was on duty, driving, on breaks and following the Hours-of-Service rules.. Dashcam videos can be key to seeing exactly how the crash happened. Required trucking company documents like driver qualification files, drug and alcohol test results, maintenance record can yield important information about the company and driver’s compliance with the FMCSRs, the driver’s background and record,safety practices at the trucking company and more. Witness statements and police reports round out the investigation.
Key Takeaways
- Fatal truck accidents claim more than 4,500 lives annually in the United States
- Driver fatigue, speeding, and equipment failures are among the leading causes
- Over 80% of people killed in truck crashes are not occupants of the truck
- Families in Missouri have three years to file a wrongful death claim, while Kansas families have two years
- Multiple parties, including the trucking company, may be held liable for a fatal crash
- Preserving evidence quickly is essential to building a strong case.
Contact Flick Truck Accident Law for Help With Your Truck Accident Case
Losing a loved one in a truck accident is devastating. While no lawsuit can bring back the person you’ve lost, holding negligent parties accountable can provide a measure of justice and help your family move forward.
Lawrence Flick is a top-rated truck accident attorney in Kansas City, MO. Call Flick Truck Accident Law at (816) 221-0501 to schedule a consultation if a loved one has been involved in a fatal trucking accident.