In response to the growing problem of trucking companies escaping liability for the accidents their negligent drivers cause, two newly filed lawsuits are taking a novel approach to seeking recovery. The lawsuits are claiming that the truck manufacturers are responsible for the damages that ensued by not installing safety equipment that is readily available on the market in their vehicles that could have prevented or mitigated the deadly consequences.
Truck Accident Statistics
In 2017, 4,761 people died in commercial truck accidents. This represented a 41% increase from the number of fatalities in commercial truck accidents in 2009.
Problems with Holding Trucking Companies Accountable
One of the biggest problems with holding trucking companies accountable is that many trucking companies are small operations that do not purchase much liability insurance. Many of these companies only have $1 million in liability insurance, which is the standard for most trucking companies except for the largest haulers. It is also the minimum that most shippers and freight brokers will require of truckers who carry non-hazardous cargo. Federal law only requires $750,000 worth of insurance for trucks over 10,000 pounds.
However, a $1 million liability policy may not be enough to cover the damages since many truck accidents result in fatalities. Additionally, since truck drivers often travel across interstates to deliver goods, many of these accidents involve heavy pileups, so there is less money to go around to cover the claims of multiple victims. Once the liability insurance is exhausted, a personal injury victim or his or her family may only have the option of suing the business. However, many of these small trucking operations have few assets and may simply file bankruptcy if they are found negligent.
Highway safety groups have advocated for increasing the required minimum liability coverage for commercial trucks, but the current laws have remained in place for almost 40 years. Therefore, personal injury lawyers look for other entities to sue, such as shippers and freight brokers. However, there may not be any other party responsible that has deep enough pockets to provide compensation for the full losses accident victims suffer.
About the Lawsuits
Two new lawsuits are taking a new approach by filing a product liability lawsuit against the truck manufacturers that produced trucks that got into deadly accidents on the basis that they released a defective product on the market by not equipping their new trucks with the latest safety equipment.
One of the lawsuits was filed on behalf of the families of five people who died in a 2017 commercial truck collision where the driver failed to apply his brakes in time to avoid a collision due to slow-moving traffic on a turnpike. The 2015 truck was not equipped with a forward crash warning system and emergency braking, although this technology was on the market at the time and could have prevented the collision from occurring. Although the law in the United States does not require the installation of collision mitigation systems on commercial trucks, the lawsuit alleges that the company makes the addition of the safety equipment standard on its trucks in Europe where the law does require it. Additionally, it gives the option of a rear-end crash avoidance system in the United States. The lawsuit reasons that by selling trucks without the equipment, it is placing a dangerous product on the market. It also alleges that the manufacturer was aware of the collision avoidance system that was a suggested option for the model of truck that was involved in the collision and that the company was negligent by not installing the equipment on all its trucks. The lawsuit alleges that the truck manufacturer prioritized profits over saving people’s lives.
The other lawsuit is asserted against the maker of Volvo semi-trucks. The lawsuit alleges that the company has a duty to equip all of its trucks with the latest safety technology and that it breached this duty. It alleged that the company was motivated by profits by only making forward crash warning and automatic emergency braking optional in its new trucks. The company responded by saying that it was under no legal obligation to install the safety equipment and that it was in conformity with industry standards at the time of the collision. It further asserted that it was in compliance with all applicable regulations and specifications established by law.
Available Safety Equipment
Safety equipment is readily available that could prevent or mitigate deadly rear-end crashes in work zones and traffic jams, common sites for truck collisions. Forward crash warning system technology has been available on commercial trucks for nearly two decades. Automatic braking systems have been available for about 10 years.
In 2018, Freightliner announced that its collision mitigation systems are standard equipment in all new Cascadia models. However, customers can opt to remove the system to save $1,500.
Lack of Federal Regulations
While many people – including some of those within the trucking industry – believe that the minimum amount of liability coverage for commercial trucks should be $5 million, the law continues to only require $750,000 in coverage. Small trucking companies oppose changes and argue that increases in premiums will put them out of business. Therefore, the federal government has not raised the applicable minimum insurance requirements since the early 1980s when the current levels were set. A new law is being proposed that would increase the minimum liability requirement.
The federal government also does not require the installation of safety equipment, even though the National Transportation Safety Board has urged it to do so at least ten times since the late 1990s. It also does not set a standard for the technology in these vehicles. Legislation is also being proposed to require new large trucks to install forward crash warning systems with automatic emergency braking.
However, neither of the proposed bills are expected to pass. Therefore, the fastest way to make trucking companies take safety more seriously may be experienced through the resolution of the court cases.
Potential Impact of the Lawsuits
If the lawsuits are successful in establishing that the truck manufacturers are negligent and have a defective product because their vehicles are not equipped with the latest safety equipment, the families would potentially be able to recover financial compensation for the full extent of their losses. Furthermore, more lawsuits may be filed with the same rationale. This threat of liability might be enough to spur the trucking companies to take action to install the latest safety systems as standard equipment in their vehicles, which will help reduce accidents and fatalities caused by commercial trucks.
