Posted On: November 5, 2008 by Cohn, Smith & Cohn

Bad Maintenance Could Be to Blame for "Freak" Trucking Accident

A woman died in North Florida recently after she was struck by a set of tires that separated from a passing tractor-trailer truck. According to the Panama City News-Herald, the victim, a visitor to Florida, was walking at a rest stop on Interstate 10. As the truck passed, its left rear tires separated from the axle and bounced into her, killing her instantly. The report said the accident is under investigation.

News reports elsewhere have called this a "freak" accident, presumably meaning it was very improbable. But as a Florida trucking accident lawyer, I wonder if it was. Most drivers don't realize this, but equipment failure is a key cause of accidents with semis, tractor-trailers, 18-wheelers and other large commercial trucks. According to a 2007 study by the Federal Motor Carrier Safety Administration, vehicle-related factors were the critical reason for 10% of all large truck accidents in the study. Brake problems were the most frequently cited associated factor, showing up in 29% of the cases, with tire problems (6%) and cargo shifts (4%) also frequently cited.

There are many reasons why trucks and equipment might fail. Some are inherent flaws in the equipment itself, meaning that it was always defective, either by design or manufacture. Others are ultimately caused by poor maintenance. Federal laws require that trucking companies and independent truckers inspect their trucks every day and meet certain safety standards. But that's expensive and time-consuming, and some businesses would rather make a little extra money than take the time to ensure that their equipment is safe, even when their own trucks and cargo are at risk. A National Transportation Safety Board study in 2005 removed a full 46% of randomly inspected trucks from the road because of brake problems alone.

Each time a trucking company or trucker fails to meet these maintenance obligations -- or knowingly drives with unsafe trucks or equipment -- all of the drivers around that truck are at risk of a very serious accident. Accidents between cars and large trucks frequently cause wrongful deaths, permanent brain damage or other very serious injuries. If the accident is caused by the careless behavior of the trucking company or its driver, the victims have the right to hold them legally and financially responsible for the results. If you or someone you care about is a victim, Cohn, Smith & Cohn would like to help. To talk with an experienced Florida attorney about your options and your rights, please contact us today for a free evaluation of your case.