Any motor vehicle accident can be traumatic and have devastating consequences for those involved. Big rig truck accidents, with the enormous disparity in size and weight between the semi-truck and the car, pickup truck, sport utility vehicle (SUV), or minivan involved, can be catastrophic. Between property damage to your vehicle and the injuries you and your family, friends, or other passengers sustained, you could be financially ruined. Fortunately, you can legally pursue compensation in a truck accident. However, you may want to consult with an experienced Minnesota trucking accident attorney at Betz & Port, P.A. to learn more about who may be liable, as there could be other parties besides the truck driver responsible. Call (763) 323-6911 to schedule a free consultation and review your case.
What Is a “Big Rig?”
When discussing truck accidents, there are many trucks that fit the description: dump trucks, concrete trucks, tankers, box trucks, flatbeds, service trucks, fire trucks, and tractor-trailers (a truck with a detachable trailer). A “big rig” truck is a tractor-trailer. The name comes from the massive size (big) of these vehicles, and the general term for a piece of equipment used for a specific task (rig). Calling a tractor-trailer a big rig reflects that it is a large, powerful ensemble designed for hauling freight.
Big rig is just one term used to refer to a tractor-trailer. Others include semi-trucks, 18-wheelers, and semis. Each of these terms describes the combination of a tractor unit (the truck cab) and a trailer used to haul large and/or heavy amounts of goods. In some cases, these big rigs may even haul two or three trailers at a time.
Leading Truck Accident Causes
The Minnesota Department of Public Safety’s Office of Traffic Safety reported that in 2022, there were 4,797 truck accidents in the state, resulting in 65 fatalities and 1,284 people injured. There are several potential causes for these accidents, and in some cases, multiple causes may apply to a single truck accident. Determining the causes of a truck accident and finding evidence to confirm them can be challenging, which is why many individuals injured in these accidents seek guidance from an experienced personal injury attorney.
These causes are not all that different from the potential causes of other motor vehicle accidents. What makes truck accidents unique is the physical size and weight of semi-trucks. These trucks weigh between 20,000 and 35,000 pounds when empty and 80,000 pounds when filled to the maximum weight; they may weigh more if the driver, company, or cargo loaders choose to ignore the weight limit. This is compared to passenger vehicles, which can range in weight from 2,500 pounds for a compact car to between 5,000 and 6,000 pounds for a large pickup truck. Semi-trucks, with their heavy weight, cannot stop quickly. Whether they try to stop or not, their significant weight makes them far more likely to do severe damage to other vehicles and cause severe injuries to the people inside those vehicles.
Distracted Driving
Big rig drivers basically live their lives in their trucks. They sleep, eat, and drive in them. They often have televisions or laptops in their sleeper berth for their off-duty hours. Additionally, they drive hundreds of thousands of miles annually. This can lead to a driver who feels as comfortable behind the wheel as they do in a recliner in their living room. This can also lead to overconfidence as the driver thinks they can adjust radio settings, input information into a GPS, or text on their phone while they drive. Sometimes, they may even try to eat, drink, clean up a spill, adjust their seat, manage climate control settings, groom themselves, or fill out paperwork while driving. All of these behaviors distract them from their most important task: driving the truck.
Driver Fatigue
Truck drivers are strictly regulated by the Federal Motor Carrier Safety Administration’s (FMCSA) Hours of Service, which limit them to a maximum of 11 hours driving after 10 hours off duty, taking a 30-minute driving break after driving for eight consecutive hours without a break, and driving no more than 60 hours in a consecutive seven-day period and 70 hours in a consecutive eight-day period. They may reset their seven or eight-day consecutive period by taking 34 hours off-duty. However, many trucking companies and their customers pressure drivers to ignore these regulations and push themselves beyond safe working hours. This leads to drowsy driving and drivers who fall asleep at the wheel. Winding roads, hilly terrain, and the hypnotic effect of snow in the winter months can all increase the chances of a fatigued or drowsy driver falling asleep.
Impaired Driving
Minnesota’s Driver & Vehicle Services (DVS) provides that driving a commercial motor vehicle with a blood alcohol concentration (BAC) of 0.04% or higher is grounds for losing a commercial driver’s license (CDL) for one year. However, this does not prevent truck drivers from drinking or using illegal drugs while on the job. However, a driver does not have to drink alcohol or use illegal drugs to be impaired while driving. Over-the-counter and prescription medications can also cause impaired driving and prevent a driver from operating their big rig safely.
Reckless Driving or Speeding
The name “18-wheelers” to describe big rig trucks comes from the fact that, including the tractor and trailer, there are 18 wheels. That many wheels require quite a bit of space, with most semi-trucks averaging 70 to 72 feet in length. Combine that length with the empty or fully loaded weight of a semi, and this creates a vehicle that requires considerable distance to come to a safe stop. At 65 miles per hour, it can take approximately two football fields for a semi-truck to safely stop.
Therefore, if the truck driver is speeding, tailgating, or engaging in other reckless driving behaviors, they dramatically increase the chances of causing an accident and severely injuring other drivers. If they are also impaired or fatigued, the chances increase even more.
Improperly Loaded Cargo
How cargo is loaded on a truck may not seem important, but improperly balanced or overloaded cargo can make a truck more difficult to control. This can cause the truck to jackknife or roll over. Harsh weather or poor road conditions during rain or the winter months can further contribute to challenges in controlling the truck, increasing the risk that the driver may cause an accident.
Poor Vehicle Maintenance
The FMCSA has strict requirements regarding vehicle inspections, maintenance, and repairs, including the length of time the trucking company must maintain records of such inspections, maintenance, and repairs. These records also include roadside inspection reports and driver inspection reports. Failure to maintain these records can be an indication that the vehicle was not properly maintained. An improperly maintained vehicle can have dangerous issues, such as tire blowouts, brake malfunctions, or steering issues.
Weather Conditions
Winter in Minnesota is characterized by fluffy snow, slick ice, and temperatures below freezing, while summer is the rainy season. These weather conditions, along with others such as fog, can reduce visibility and traction, resulting in hazardous road conditions. These challenging road conditions can become even more dangerous if the driver is also distracted, impaired, or fatigued. Because these types of road conditions can slow the truck driver down, there is a greater likelihood they will be distracted (for example, trying to find shortcuts in their GPS) or fatigued (for example, driving longer hours to make up for driving more slowly).
Inexperienced Drivers and Inadequate Training
Driving a semi-truck requires specialized training. However, training programs across the country range from just two or three weeks to a year and a half or more. This means that while all truck drivers may claim to be trained, their training is vastly different, and some of them are lacking significant knowledge and skills that make them less safe than others. Even with high-quality training, new drivers are still inexperienced and may not react to real-world conditions the way they did in training simulations. They may misjudge distances or make other critical errors that can have deadly consequences for themselves and others.
Negligent Hiring Practices
In 2004, the FMCSA issued a final rule to help employers hire the best and safest drivers. This rule requires previous employers to provide prospective employers with information about a driver’s history, such as crash involvement, controlled substances and alcohol violations, rehabilitation efforts, and whether rehabilitation was successful. However, some trucking companies may ignore this rule, or they may hire drivers who do not have a good record because they will work for lower pay. Additionally, some truck drivers are self-employed, which means they own their own truck and do not work for a trucking company. As a result, they may never have an employer who reviews their driving history or may lie to prospective employers when seeking employment after a period of self-employment.
Common Injuries in Truck Accidents
Any motor vehicle accident can result in injuries ranging from mild to severe. However, due to their size and weight, trucks are much more likely to result in severe injuries. Truck accident victims can suffer life-changing injuries and require long-term treatment and rehabilitation. Even with treatment and rehabilitation, some victims may never fully recover from their injuries.
Head Injuries
Traumatic brain injuries (TBI) are one of the most severe injuries one can sustain in a truck accident. From the seemingly mild concussion to more serious brain injuries such as contusions (bruises), fractured skulls, or diffuse axonal injuries (rapid acceleration or deceleration that causes widespread tearing or stretching of the nerve fibers in the brain), these injuries can cause long-term or permanent disabilities. Cognitive abilities, motor function, and emotional well-being are all impacted by these injuries. Recovery, whether partial or complete, can require years of therapy and treatment, as well as significant financial resources.
Spinal Cord Injuries
Spinal cord injuries are another common, severe injury resulting from trucking accidents. Spinal cord injuries can result in partial or complete paralysis that is temporary or permanent. Like TBIs, recovery can take years and enormous financial resources. In cases where paralysis is permanent, there are still surgeries, rehabilitation, long-term care, adaptive equipment such as wheelchairs, and home modifications that the individual and their family will have to pay for.
Back and Neck Injuries
Even at low speeds, trucking accidents can cause neck or back injuries such as whiplash, herniated discs, or fractured vertebrae. While these may be less severe than a spinal cord injury or TBI, they can still result in debilitating pain for the injured individual. They may require pain management, physical therapy, or surgery to recover. Even with treatment, they may permanently limit mobility and the individual’s quality of life.
Broken Bones and Fractures
Trucking accidents are often high-impact, and this can cause an individual to suffer multiple fractures throughout their body. Arms, legs, ribs, and the pelvis are common broken bones in these types of accidents. Surgeries, casts, and rehabilitation are often required to restore function to these broken bones. In some cases, a fracture does not heal completely or does not heal correctly, leading to chronic pain or permanent disabilities.
Internal Injuries
Injuries to internal organs like the liver, kidneys, and lungs can be severe and life-threatening. These injuries often result in internal bleeding, which frequently does not have any immediately noticeable symptoms. This often leads individuals to believe they are fine and not seek immediate medical treatment. By the time they do, the bleeding may be so bad that there is little that can be done. This is why the experienced attorneys at Betz & Port, P.A. recommend that anyone involved in a motor vehicle accident, especially those involving trucks, seek immediate medical attention regardless of how they feel. This ensures that any internal injuries are identified and treated promptly, and creates the necessary paper trail of medical records needed to build a case against the liable parties.
Lacerations and Burns
Lacerations, or cuts, from metal debris or shattered glass, can cause significant blood loss, scarring, or infections. They often require stitches or other, more complex wound care. Truck accidents may also lead to fires or explosions, partially due to their much larger fuel tanks. These fires or explosions can lead to severe burns that may require highly specialized medical care, such as skin grafts and reconstructive surgeries. Severe lacerations and burns can leave physical and emotional scars, which can have a permanent, negative impact on the individual’s life.
Emotional and Mental Trauma
While physical injuries are often the primary focus of truck accident injuries, there are also emotional and mental injuries that the individual may face. Anxiety, depression, post-traumatic stress disorder (PTSD), fear of driving, and decreased quality of life can all result from a trucking accident. Psychological injuries can be just as debilitating as physical injuries, and often require long-term treatment and therapy. Minnesota allows individuals to recover damages for emotional and mental trauma as pain and suffering.
The Financial Cost of Your Injuries
The physical and emotional injuries caused by trucking accidents come with a high financial cost. In addition to mounting medical bills, rehabilitation expenses, and fees for long-term care, the injured individual may be unable to return to work, either temporarily or permanently. This means that the individual is trying to recover from the accident under significant stress as they try to determine how to pay their usual bills with no income, much less the new expenses associated with the accident. Filing a claim against the driver, trucking company, or other liable parties can help alleviate this stress.
Potential Compensation for Damages
Minnesota allows individuals to be compensated for the damages caused by a trucking accident. These damages can include:
- Medical Expenses: This pays for immediate medical needs, such as emergency treatment, hospital stays, surgeries, and medication, and long-term costs, such as rehabilitation and therapy. For severe injuries that require lifelong treatment, an attorney can help factor those expenses into a claim as future damages.
- Lost Income: This covers the income lost while the individual is out of work recovering from the accident. If the individual is wholly or partially disabled and unable to return to their previous job, lost income can also include compensation for diminished future earning potential.
- Property Damage: Compensation for property damage covers the cost of repairing or replacing the motor vehicle involved in the accident, as well as any personal belongings (such as eyeglasses, jewelry, clothing, phones, etc.) damaged in the accident.
- Disability and Long-Term Care: When an accident results in a permanent disability, the individual may be entitled to sue for compensation to cover the costs of adaptive equipment, long-term care needs, and home modifications.
- Pain and Suffering: This compensation addresses the physical pain and emotional and mental trauma that an individual may suffer as a result of the accident, especially if the individual will have to endure long-term suffering or a reduced quality of life.
- Punitive Damages: If the other party is found to have been particularly reckless or grossly negligent, punitive damages may be awarded as a punishment for the egregious behavior and to deter others from engaging in the same or similar behaviors.
- Wrongful Death: If the accident resulted in the death of a loved one, the family can file a wrongful death claim and recover compensation for loss of financial support, funeral expenses, and emotional losses.
Minn. Stat. § 541.05, Subd. 1(5) provides that injured individuals have six years from the date of the accident to file their claim. This does not mean the claim must be settled, but if the individual is going to proceed with a lawsuit, that lawsuit must be filed before the statute of limitations expires, or they will be barred from doing so. For this reason, it is highly recommended to engage an attorney to assist with negotiations and other aspects of the case. A knowledgeable attorney can help an individual determine when it is time to move forward with a lawsuit, particularly when negotiations are not going well, as well as assist in gathering evidence and finding expert witnesses.
Determining Fault in Big Rig Truck Accidents
Many motor vehicle accidents are straightforward in liability: one or both drivers are generally at fault. However, truck accidents are often much more complex when determining liability, as there are several parties who may all share some liability for the accident. Determining all parties who bear responsibility is critical to pursuing fair compensation and holding the appropriate parties legally responsible for the accident.
Truck Driver
In many cases, the truck driver will be at least partially liable. Factors such as drowsy or impaired driving, ignoring traffic signals, speeding, distracted driving, or reckless driving can all contribute to an accident. These factors are generally within the driver’s control, which is why they will usually have at least some liability.
Trucking Company
Trucking companies may also be partially liable for an accident. If they use negligent hiring practices, poorly train their drivers, push drivers to overwork themselves, fail to properly maintain their vehicles, or fail to implement adequate safety policies, the trucking company can be held liable for compensation.
Cargo Loaders
If overloaded or improperly loaded cargo is responsible or partially responsible for the accident, the individuals or company responsible for loading the cargo can be held liable for the accident. They may also be held liable if the cargo is improperly secured and the shifting cargo causes the accident by making the vehicle harder to control, or falls off the truck and causes an accident.
Vehicle Parts Manufacturers
Mechanical failures or defective parts, such as malfunctioning brakes or tires, the truck’s manufacturer or the component’s manufacturer may be legally liable for the accident, depending on whether the part is original to the truck or was a replacement part. Manufacturers are required to ensure their products are reliable and safe, and failure to do so creates significant hazards and puts at least some liability on the manufacturer.
Maintenance Providers
Trucking companies may contract with an independent maintenance company to inspect and repair their trucks. If the maintenance company fails to properly inspect or repair the trucks, such as missing critical issues, such as brake wear or tire damage, they can be held legally liable for an accident resulting from the issues they did not see or correct. Records for inspections and maintenance are a critical piece of evidence in trucking accident claims.
Government Agencies and Contracting Companies
Government agencies responsible for maintaining Minnesota roads may be liable if the accident resulted from poor road conditions (such as large potholes), inadequate signage, or other road maintenance issues that could have been avoided. Additionally, companies that they have contracted with to handle road construction or maintenance may be liable if they were negligent, such as not putting up proper signage or engaging in other negligent behavior.
Finally, in some cases, there may have been multiple contracting companies involved in overseeing the truck’s maintenance, overseeing and managing the truck driver, and managing the cargo. These companies might include logistics or freight forwarding companies, fleet management companies, and freight brokers, among others. If any of these companies engaged in negligent practices that contributed to the accident, they may also be held legally liable.
How a Minnesota Truck Accident Attorney May Benefit You
When you have been in a big rig truck accident, focusing on your recovery should be your primary concern. However, the clock is ticking on your ability to file a claim from the moment the accident happens. An experienced Minnesota trucking accident attorney with Betz & Port, P.A. may be able to assist you with gathering evidence, determining liability, finding expert witnesses, negotiating settlements, and representing you in court, if necessary. Call our Bloomington office at (763) 323-6911 to book your free consultation and learn more about your legal rights and options.