The Rising Threat of Nuclear Verdicts in Trucking Industry Litigation
When commercial trucks get into accidents, they face scrutiny for negligence and potential litigation. The weight and size of trucks have a much more destructive force in an accident when compared to accidents between passenger vehicles. Due to these factors, nuclear verdicts have become more common for awarding plaintiffs after severe trucking accidents.
Even the most established carriers need to be aware of these potentials and put more focus on prevention. If they are found to be negligent, an injured plaintiff could be awarded millions for their injuries and damages with the help of an 18-wheeler accident attorney.
What Is a Nuclear Verdict?
Nuclear verdicts are large-scale verdicts that typically award plaintiffs multi-million dollar settlements. These are generally awarded in jury trials, particularly when legal strategies are employed to incite anger in jurors. Jurors who feel a corporation was unjust may be compelled to award injured victims a larger amount.
While a nuclear verdict helps the injured party, it can have major consequences for businesses. In the trucking industry, smaller trucking companies will suffer most, while insurance policies for all will impose higher premiums to mitigate these costs.
What Are the Biggest Legal Risks for Trucking Companies?
Under personal injury law, the injured party can seek damages to make their life as whole again as possible if the defendant is found to have been negligent. Truck drivers and their trucking companies, along with other vested parties such as cargo loaders and those responsible for performing truck maintenance, have a legal duty of care to all others on the road.
Their actions must abide by the strict rules and regulations set by the Federal Motor Carrier Safety Administration (FMCSA) as well as any applicable state laws. If these parties are found to violate their duty through a breach by their negligent behavior, leading to an accident that causes injuries and damages, they can be held liable.
This paves the way for a variety of legal risks that a trucking company may face in the event of a trucking accident.
Failing to Follow Safety Protocols
As mentioned, the FMCSA has stringent regulations in place with the intent of preventing tragic truck accidents and keeping everyone safe on the roads. When a truck driver, trucking company, and other related parties do not uphold this standard, they tend to face liability for their neglect.
Truck drivers must be properly trained and credentialed, and they must pass regular drug and alcohol tests. Failing to vet drivers to meet the ever-increasing demands for moving freight is just one way they could be to blame. Truckers need to follow the rules of the road, while trucking companies must ensure their fleet upholds safety standards. Rigorous inspections and maintaining these trucks can prevent crashes.
Severe Injury and Fatalities of Victims
Another legal risk for the trucking industry is the severity of injuries and the likelihood of fatalities. Semi-trucks and other big rigs are much larger and heavier than passenger vehicles. Some of these trucks also transport hazardous materials, making a crash with them even more deadly.
Victims who suffer traumatic brain injuries, spinal cord damage, and other life-altering injuries will certainly have higher medical expenses that must be accommodated. Additionally, these injuries can cause other financial losses as victims typically won’t be able to work, losing out on income.
In some cases, the injuries are so extensive that a victim will be unable to work again, which means they can seek loss of future earnings. Truck accidents are also more likely to result in fatalities, and in front of a jury, the award for wrongful death may be much higher than if the liable parties had agreed to a fair settlement.
Not Offering Fair Settlements
Trucking companies are often the target of nuclear verdicts because they fail to settle accordingly. Instead of working with the plaintiff’s attorney on a fair settlement, they may double down and wind up in court. This allows for plaintiff attorneys representing truck accident victims to play on the emotions of the jurors, which can significantly increase the award in the verdict.
How Trucking Companies Can Reduce Risks
The federal laws regulating the trucking industry serve as a blueprint for safety and accident prevention. By ensuring compliance with these rules, trucking companies can steer clear of liability and nuclear verdicts in court.
Follow Hours of Service Regulations
Since the trucking industry continues its exponential growth, it is a challenge for trucking companies to find enough truckers to transport freight. However, truck drivers and the companies they serve need to follow the hours of service (HOS) regulations. Failing to do so can lead to truck drivers becoming fatigued from lack of proper rest.
The limits imposed mean that truckers can drive a maximum of 11 hours after 10 consecutive hours off duty. They’re also barred from driving beyond 15 consecutive hours after they come on duty, even if they take breaks. Limiting driving hours helps truckers stay alert and ready for the road ahead. Trucking companies that push their drivers to exceed these limits raise the potential for fatigue-related truck accidents, and they will likely face liability for their role in negligence.
Truck Maintenance and Inspection Requirements
Trucks log so many more miles on the road, which requires more frequent maintenance and inspections. The trucking company must maintain the fleet and make sure these services are scheduled to prevent mechanical failures that may cause a truck crash.
According to the FMCSA, trucking companies must conduct both pre- and post-trip inspections to check for any kind of defects that could impact the truck’s performance. Brakes, tires, lights, and steering are often of central focus as a failure in these systems could have devastating consequences.
These trucks should be inspected and maintained with consistent regularity, and they also require annual safety audits. When a trucking company shirks these responsibilities and a truck accident occurs, it should make things right when agreeing to pay out claims, or it will likely be made to pay a large-scale verdict to the victim in court.
Abide by Cargo Securement Standards
Truck drivers and trucking companies aren’t the only parties in the trucking industry that need to adhere to the FMCSA’s regulations. Those responsible for loading cargo must also follow the rules. Cargo securement standards are in place to keep freight properly restrained during transit.
This includes the use of proper tie-downs like straps or chains to keep cargo from shifting while the truck is in motion. Additionally, cargo loads must abide by weight distribution requirements and not exceed the maximum weight allowed. When cargo is not evenly distributed, it creates instability, which could cause the truck to tip and roll over.
However, even though the cargo loaders have a job to do correctly, truck drivers are also required to inspect their cargo at regular intervals. This includes before departing and at certain points during transit to make sure it’s secure.
Comply with Drug and Alcohol Testing Policies
Driving while intoxicated is dangerous when anyone does it, though when a trucker is drunk or drugged, the risks are even greater. The FMCSA mandates testing as a preventative measure to make sure all truckers are conducting themselves clearly and according to road safety laws.
Before employment, all truck drivers need to undergo drug testing. Random testing throughout employment ensures that drivers are complying with the regulations. In the event of an accident, testing is also required to determine if the trucker was impaired and contributed to the crash. Trucking companies can avoid liability by enforcing these policies to prevent crashes.
Stay Within Weight Limits and Avoid Overloading Restrictions
Weight limits are in place in the trucking industry because an overloaded truck is more difficult to control, even for the most experienced truck driver. This can increase the risk for tragic outcomes, and both federal and state regulations impose weight limits as a measure of prevention.
The maximum gross weight of the vehicle set by the FMCSA is 80,000 pounds. There are also axle limits to prevent putting too much strain on specific parts of the truck. Additionally, weigh stations and roadside inspections help make sure that trucks comply with the regulations.
Trucks already require a longer stopping distance, even if they don’t have any cargo. This stopping distance increases with the added weight, and if a truck is overloaded, it may cause brake failure or a blowout, especially when responding to traffic or road conditions.
Driver Qualifications
It is the responsibility of every trucking company to check that all drivers it hires are properly qualified with a commercial driver’s license (CDL) and are trained to drive these vehicles. This will also include having background checks, medical examinations, and road tests.
Training for truck driving must continue as an ongoing process to keep all truckers informed about vehicle operation, safety regulations, and to fine-tune their defensive driving techniques. A trucking company that prioritizes driver qualifications and removes violating truckers from duty can not only improve road safety but also reduce its risk for accidents caused by inexperienced drivers.
What Can Victims Do After a Truck Accident?
When trucking companies and their drivers do not comply with the laws, trucking accidents tend to happen. If you or a family member is in a truck crash, it is important to follow the right steps.
Call 911
Truck accidents are far more catastrophic than car accidents, and the damage will be extensive. Calling the police ensures that law enforcement and first responders will arrive at the accident scene. If the truck was carrying explosive or hazardous materials, make sure you let the 911 operator know.
The police will write up an accident report that details their initial findings. While this will be helpful for evidence, it will still require a full investigation to determine the cause and identify all liable parties.
Get Immediate Medical Treatment
If you are in a truck accident, you are bound to have injuries, even if they are not externally visible. Do not waive off first responders and paramedics under the assumption that you are fine. Imaging tests will need to be conducted to determine if you have internal bleeding or a traumatic brain injury. When you are treated at the hospital, it will establish medical records that will be used to link your injuries to the truck crash.
Try to Get Evidence
While gathering evidence is important for any injury case, it may be impossible after a truck wreck. Your health comes first, and this may mean that you are transported by ambulance for life-saving care. In those circumstances, you will likely be unable to take photos or videos of the aftermath or speak to any witnesses.
Hire a Truck Accident Attorney for Legal Support
The extensive injuries and other damages you suffer in a truck accident should be covered by the at-fault party. Alabama’s at-fault laws will require determining who caused the accident. However, the pure contributory negligence rule in the state could be used to assign blame to you. If you are even blamed with 1% of fault, you would be barred from collecting compensation.
This is important to know when filing a truck accident lawsuit to recover compensation. The trucking company and all liable parties will be working to find any shred of evidence to avoid having to pay a settlement. They will do whatever they can to have this matter dropped as opposed to winding up in court with jurors who sympathize with your plight and may award you a nuclear verdict.
Protecting your legal rights is essential after any type of accident, especially one that has so many potentially liable parties. Most personal injury lawyers provide an initial consultation for free to allow you to evaluate your case and determine the legal options available. It is highly advised that you consider this route and work with an attorney rather than attempt to navigate a claim on your own.
