According to federal data, just over 5,000 large commercial trucks were involved in fatal accidents in 2019 alone. This statistic represents a sharp increase in fatal trucking accidents annually over the last decade in the U.S. While motor vehicles are generally becoming safer and safer every year, the collision, non-fatal injury, and fatal injury rates associated with large commercial truck travel remain troubling. Fatal crashes alone have risen more than 35 percent over the last 10 years.

It is, therefore, perhaps unsurprising that in the Spring of 2021, the National Transportation Safety Board called on Congress to implement several recommendations designed to directly address this unacceptable trend and to minimize the number of Americans who perish on U.S. roadways every year. Unfortunately, these recommendations aren’t new. The NTSB has been pushing lawmakers to implement these recommendations for a long time. Thankfully, there is reason to believe that lawmakers may actually be ready to begin heeding the advice of this respected, independent organization.

What Reforms Are the NTSB Calling For?

Spending a significant amount of time, money, and resources on infrastructure is a priority that has been lobbed back and forth in Washington D.C. for some time. Thankfully, recent momentum on this issue suggests that a significant investment in the nation’s infrastructure may not be far off. The NTSB – along with the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration – is pushing to make truck-related safety concerns a focal point of any deal that is eventually passed with an infrastructure focus.

In April, the NTSB finalized its list of 10 “Most Wanted Transportation Safety Improvements” for 2021-2022. Some of the “most wanted” reforms are broad, including eliminating distracted driving and preventing alcohol and drug impaired driving. These broad goals are important, but cannot be addressed fully by any one policy shift. However, other recommendations, which are far more concrete, could soon become a long-awaited, fully-realized reality. While the NTSB hopes that some infrastructure investments will be made in the broader goals previously mentioned, it also hopes that full implementation of more specific goals will contribute significantly to the wellbeing of American road travelers. The additional “most wanted” reforms listed by the NTSB that apply to motor vehicles (as opposed to aviation-based, rail, and watercraft forms of travel and alternative priorities) are:

• Requiring Collision Avoidance and Connected Vehicle Technologies on All Vehicles
• Implementing a Comprehensive Strategy to Eliminate Speeding-Related Crashes
• Protecting Vulnerable Road Users through a Safe System Approach

Speed limiting technology would be required for all new heavy vehicles, including large commercial trucks and buses. Both trucks and buses would also be outfitted with collision avoidance systems in an effort to minimize head-on collision scenarios. While the reforms proposed by the NTSB would not eliminate large commercial truck accidents in Southern California and throughout the U.S., these improvements could make a significant difference in reversing the sharp upward trend in fatal large vehicle crashes that threatens to become even more staggering over time.

The crash avoidance technology goal is particularly dear to the NTSB, as this body has been calling for the mandatory installation of such systems for more than 25 years. Cathy Chase, who is the president of Advocates for Highway and Auto Safety (which is an alliance of consumer, health, law enforcement and insurance industry groups) recently mused that “These are marathons and it takes a long time… Unfortunately, a lot of preventable deaths are happening, which is the true tragedy, while we have the proper technology to prevent or mitigate fatalities and injuries.”

Rights of Truck Accident Victims

Until significant infrastructure and technical improvements – as well as changes in the nation’s driving culture – begin to sincerely mitigate the risks that travelers assume every time they venture onto a road, it will remain important for all travelers to understand their rights in the event of an accident. Until accidents are – almost without exception – relics of a different time, exercising one’s rights as an accident victim is one of the best ways to inspire change. Over and over, lawsuits filed by accident victims have helped to shape policy at both the state and federal level. Too often, accident victims are hesitant to exercise their rights under the law because they are concerned about “making a fuss” or because they believe that they don’t have a solid enough case upon which to file legitimate action. In reality, speaking up (legally) can help to empower not only victims, but lawmakers too.

California is on the forefront of accident victims’ rights, partially due to its embrace of a legal theory known as “pure comparative negligence.” Under this approach, an accident victim who is partially responsible for their injuries remains entitled to seek compensation from others (individuals, businesses, government entities, etc.) that are also partially to blame for any harm resulting from an accident. Thanks to this approach and many generous legislative efforts on behalf of accident victims, few individuals who are injured as a result of large truck accidents are barred from seeking compensation to which they are entitled, provided that they act quickly after they have sustained harm.

Legal Aid Is Available

If you have been injured or have lost a loved one as a result of a crash involving a large commercial truck, it is important to understand that you have legal options available to you. Even if you were partially to blame for the circumstances that led to your crash, California’s “pure comparative negligence” approach to the rights of accident victims means that you may be entitled to significant compensation at this time.

Please connect with our firm at your earliest convenience to explore your legal options. Attending a risk-free, no-cost, confidential consultation will not obligate you to pursue legal action. However, if you choose to pursue any compensation to which you are rightfully entitled, our reputable, dedicated, and compassionate team will work diligently to build the strongest possible case on your behalf. We look forward to speaking with you.