How Many Accidents Are Caused By Truck Drivers?

TL;DR: No specific national data shows how many crashes are mainly caused by truck drivers. However, a federal study found that when a large truck was assigned as the “critical reason” for the crash, about 87% of crashes involved a driver-related issue. In California, people injured in crashes generally have two years to file a lawsuit.

Highlights:
  • Pin down the likely error type, such as decision, recognition, non-performance, or performance.
  • Request preservation of ELD data, black-box records, and maintenance/inspection files.
  • Document your injuries and symptoms with a visit to a doctor as soon as possible.
  • Track wages missed, out-of-pocket costs, and pain limits from day one.
  • Identify every liable party, including the carrier under vicarious liability.
  • File a personal injury lawsuit within 2 years after the crash, or a government claim within 6 months.
  • Use comparative negligence rules to pursue damages even if partly at fault.

Tip: Save photos, witness contacts, and all paperwork, and when speaking to insurers, stick to observable facts and avoid guessing about speed, distance, or fault.

Table of Contents

    There is no official current national count of accidents caused by truck drivers. However, the Federal Motor Carrier Safety Administration’s (FMCSA) Large Truck Crash Causation Study (LTCCS) revealed that when a large truck was assigned the crash’s “critical reason,” about 87% received a driver-related code. These codes covered issues such as poor decisions, inattention, fatigue, and loss of vehicle control.

    The LTCCS identified a “critical event,” which is the action that caused the vehicles to collide. It also noted a “critical reason,” the direct cause of that event. FMCSA warns that these codes do not, by themselves, prove the cause of a crash or assign legal responsibility.

    What Percentage Of Truck Accidents Are Caused By Truck Drivers?

    There is no official percentage showing how many truck accidents are caused by truck drivers. The closest national estimate comes from FMCSA’s Large Truck Crash Causation Study, which examined fatal and injury crashes investigated from 2001 through 2003.

    • Across all sampled fatal and injury crashes, the large truck was assigned the “critical reason” in 55% of cases.
    • In two-vehicle crashes involving one large truck and one passenger vehicle, the truck was assigned the critical reason in 44% of crashes, while the passenger vehicle was assigned it in 56%.
    • When the critical reason was assigned to the truck, approximately 87% involved a truck-driver recognition, decision, performance, or non-performance issue.

    The study was conducted by the FMCSA and the National Highway Traffic Safety Administration (NHTSA). Researchers examined significant accidents involving large trucks to determine their causes. They identified one main reason for each crash, which they called the critical reason.

    These numbers don’t actually prove that truck drivers are responsible for most truck accidents. One of them just shows how often a truck was flagged for a critical issue in the study. The other describes what kind of problem was recorded after that flag was raised. So while the study can show that driver actions are often involved in serious crashes, it doesn’t provide a clear or exact national breakdown of accidents caused by truck drivers.

    Common Truck Driver Errors That Lead To Crashes

    Truck driver error causing a serious highway crash injury risk

    Among the critical reasons assigned to large trucks in the LTCCS, the four driver-related categories were decision errors (38%), recognition errors (28%), non-performance (12%), and performance errors (9%).

    • Decision Errors: Driving too fast for conditions, misjudging another vehicle’s speed, or following too closely.
    • Recognition Errors: Inattention, distractions inside or outside the vehicle, or failure to observe properly.
    • Non-Performance: Falling asleep, suffering a heart attack or seizure, or facing other physical issues.
    • Performance Errors: Freezing or panicking, overcompensating, or having poor directional control.

    Some conduct may go beyond an ordinary driving mistake and suggest recklessness. In these situations, the driver’s behavior reflects a conscious disregard for the safety of others rather than simple negligence.

    Examples may include:

    • Knowingly driving while dangerously fatigued.
    • Operating a truck while impaired.
    • Racing to meet a deadline in a way that compromises safety.
    • Deliberately ignoring serious mechanical or safety problems.

    The impact of these accidents is often most severe for people in smaller vehicles. This is largely due to the size and weight differences between trucks and smaller vehicles, which makes these accidents so dangerous.

    In California, especially dangerous conduct carried out with a conscious disregard for others’ safety may support a claim for punitive damages, but only when the required evidence and legal standard are met.

    How Is A Truck Driver’s Fault Proven After A Crash?

    In a truck accident claim, an injured person must use evidence to show that the driver or another party acted negligently and caused the injuries.

    That evidence may include:

    • Traffic citations
    • Witness statements
    • Video footage
    • Electronic logging device (ELD) records
    • Cell phone records
    • Vehicle data
    • Inspection or maintenance files

    For example:

    • ELD records may show that a driver exceeded federal hours-of-service limits.
    • Phone or camera records may help establish that a distraction occurred.
    • Skid marks, event data, and witness accounts may also show speeding, unsafe following, or a delayed reaction.

    Liability in a truck accident case depends on evidence of the driver and the trucking company’s actions before the crash. Truck accident lawyers consider available evidence in assessing fault in these cases.

    Other Possible Liable Parties In Truck Accidents

    A truck driver may not be the only party responsible for a crash. Other parties may also be liable, depending on the situation. It’s key to identify all responsible parties to pursue a claim. Each one might have played a unique role in the collision.

    The Motor Carrier/Trucking Company

    Under California law, a trucking company can be held responsible in two distinct ways:

    • Vicarious Liability (Respondeat Superior): A trucking company may be vicariously liable. This occurs when the driver is acting as an employee of the truck company. It applies if the driver is within the course and scope of their employment or agency relationship.
    • Direct Negligence: The company itself may have acted negligently by:
      • Failing to perform required background checks or hiring a driver with a record of safety violations or reckless driving.
      • Sending an under-qualified driver onto the road without adequate commercial vehicle training.
      • Pressuring drivers to ignore federal Hours-of-Service (HOS) rest rules to meet unrealistic delivery deadlines.

    The motor carrier can be a major source of liability and insurance coverage. This depends on the driver’s job status and the details of the crash. California Vehicle Code § 34631.5 requires property motor carriers to have at least $750,000 in liability coverage. This minimum is necessary because these vehicles can cause serious harm and losses.

    Third-Party Companies & Vendors

    Depending on what caused the mechanical or operational failure, liability often extends to third parties connected to the haul:

    • Loading Company or Shipping Facility: A loading company or shipping facility may share liability if it overloads the truck or fails to secure the cargo. Shifting or falling freight can cause rollovers, jackknife crashes, or cargo strikes.
    • Repair Shop or Outside Mechanic: Federal rules require motor carriers to inspect, repair, and maintain their trucks. A repair shop or mechanic may be liable if poor work left the brakes, tires, steering, or another important part unsafe.
    • Truck or Parts Manufacturer: A manufacturer may be responsible if a defective truck or part caused the crash. Defective tires, brakes, or steering systems may support a California product liability claim.
    • Freight Broker: A freight broker may face liability for carelessly selecting an unsafe motor carrier. These companies may be liable if they knew or should have known about serious safety violations or other warning signs. Broker liability and federal preemption rules may depend on the facts and jurisdiction.

    Government Entities

    A public entity (such as Caltrans or a local city/county) may be held liable for injuries caused by dangerous conditions on public property if the following conditions are met:

    • The dangerous condition directly caused the injury.
    • The condition created a reasonably foreseeable risk.
    • The dangerous condition was either created by a public employee or known to the public entity (or should have been known) in time to take protective measures.

    It’s also important to remember that California follows a pure comparative fault standard. If an injured driver is partly at fault for the crash, they can still seek damages. For example, if they are 20% at fault for speeding and the truck is 80% at fault for unsafe lane changing, they can pursue 80% of their total damages.

    Crucial Deadlines In A California Truck Accident Lawsuit

    Truck accident lawyer reviewing crash evidence before California filing deadlines

    California truck accident claims have strict deadlines. Key evidence can also disappear within days. Acting quickly protects your right to file and gives your case a strong start. Missing a deadline can mean losing your ability to pursue compensation.

    California law gives you two years from the date of your injury to file a personal injury lawsuit under California Code of Civil Procedure (CCP) §335.1. If a public agency played a role in your crash, different rules apply. California Government Code §911.2 requires you to file a written claim with that agency within six months before you can sue. Exceptions may apply in certain situations.

    A truck accident lawyer can evaluate your situation and determine which deadline applies to your case.

    Frequently Asked Questions

    If you’ve been a victim of a truck accident, you may feel uncertain about what to do. The questions below cover frequently asked questions in your situation. Finding clear answers now can help protect your rights after such incidents.

    What To Do Immediately After A Truck Accident?

    If you can, document the truck accident scene to preserve evidence. See a doctor right away, even if you feel fine. A doctor can document your injuries and link them to the crash. Gaps in your medical file give insurers room to argue your injuries came from somewhere else. What you do in the first days after a crash can help protect your ability to seek compensation.

    Are Trucks Safer Than Cars In An Accident?

    Not necessarily. Commercial trucks can be safer for the truck driver, but significantly more dangerous for everyone else on the road. The vehicle’s size and height shield truck drivers, but that same mass can cause severe damage to smaller vehicles. The people most at risk in a truck crash are those in the smaller vehicle, not the truck driver.

    What Should I Do If I Need A Lawyer After A Truck Accident?

    Contact a California truck accident attorney. Most personal injury lawyers offer a free case evaluation. This meeting costs nothing and does not commit you to hiring anyone. During this meeting, you can learn whether you have a valid claim and what options are available to you.

    Call Arash Law To Know If You Can File A Claim Against A Truck Driver

    Truck accident cases can be more complex than standard car accident claims. They involve federal rules, multiple at-fault parties, and insurers focused on paying as little as possible. A lawyer needs to pull driver logs, check repair records, and find every liable party before key proof is lost.

    Getting free advice from a truck accident lawyer early can help you understand your options and avoid costly mistakes. Early contact gives a lawyer time to secure driver logs and black-box data before evidence disappears.

    Arash Law handles complex truck accident cases. We work with crash experts and understand the federal rules that govern trucking companies and their drivers. We have years of experience advocating for the rights of injured Californians and building strong cases for our clients, as shown below.

    • $5,500,000 — Our client suffered a spinal cord injury and mild TBI in a rollover trucking accident while at work. We secured a $5.5 million settlement.
    • $5,000,000 — While our client was walking within a crosswalk, he was hit by a large truck and suffered a mild traumatic brain injury. We challenged the truck company’s attempt to place the blame on him and secured compensation.
    • $2,300,000 — Our client fell from a work truck, suffering a traumatic brain injury that led to a $2.3 million settlement. With our help, he received excellent rehabilitation and home health support for his recovery.

    Disclaimer: The case result highlighted is based on specific circumstances and should not be considered a guarantee of similar outcomes in other cases. Legal results can vary significantly based on individual facts and circumstances.

    Call (888) 488-1391 to schedule a free initial consultation.

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    ABOUT THE AUTHOR
    Arash Khorsandi, ESQ
    Founder, Arash Law

    Arash Khorsandi, Esq., is the owner and founder of Arash Law, an established personal injury law firm in California. Over the years, Arash has built a team of experienced lawyers, former insurance company adjusters, and skilled paralegal staff who work to pursue positive outcomes for his clients’ cases. Our California personal injury law firm handles claims across multiple practice areas.

    Recover Lost Wages, Property Damage, and Medical Bills.
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    DISCLAIMER: Information provided on this blog is not formal legal advice. It is generic legal information. Under no circumstances should the information on this page be relied upon when deciding the proper course of a legal action. Always obtain a free and confidential case evaluation from a reputable attorney near you if you think you might have a personal injury lawsuit.

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