Interstate 75 and I-70: Dayton's Truck Corridors and Crash Risks

Published October 16, 2018 · Injury Law Basics

Anyone who drives in the Dayton area knows the feeling: you are in the middle lane of I-75 with a loaded semi on each side and another filling your rearview mirror. Interstate 75, which runs from Michigan to Florida, and Interstate 70, which crosses the country east to west, meet just north of the city near the airport. Add U.S. 35 and the warehouses and distribution centers that have grown up along these highways, and Montgomery County sees a steady stream of tractor-trailers every hour of the day and night.

Most truck drivers are careful professionals. But when a crash involves a fully loaded tractor-trailer, the injuries are rarely minor, and the case that follows is very different from an ordinary fender-bender. Here is what makes truck crashes on our local interstates different, and what has to happen in the first days afterward.

Why truck crashes are more dangerous

Weight and stopping distance. A loaded tractor-trailer weighs many times as much as a passenger car, and it needs far more distance to stop. When traffic suddenly slows, as it does daily near interchanges, construction zones and the downtown stretch of I-75, a trucker who is following too closely or looking away for a few seconds may simply be unable to stop in time.

Blind spots. Trucks have large blind spots on both sides, directly behind the trailer, and just in front of the cab. Lane changes into an occupied lane, especially on the right side, are a common cause of sideswipes and of cars being pushed into barriers.

Height and underride. Because a trailer sits high off the ground, a car that strikes the side or rear of a trailer can slide underneath it, which is among the deadliest crashes on the highway.

Rollovers and spilled loads. Speed on curved ramps, shifting loads and overcorrection can tip a trailer onto adjacent lanes.

The crashes we see most often on I-75 and I-70

• Rear-end crashes in slowed or stopped traffic. A line of cars stops for a backup at an interchange or work zone, and a truck coming up behind does not. These collisions often push several vehicles together.
• Unsafe lane changes and merges. Interchanges where traffic enters and exits on both sides force constant lane changes, and a truck that moves over without seeing a car in its blind spot can cause a multi-vehicle crash.
• Work-zone crashes. Narrowed lanes, lane shifts and sudden slowdowns leave little room for error, and a distracted or fatigued truck driver can be deadly to motorists and highway workers alike.
• Fatigue-related crashes. Long-haul drivers running overnight on I-70 and I-75 face pressure to make delivery windows. Drowsy driving looks a lot like drunk driving: drifting, delayed reaction and no braking before impact.
• Equipment failures. Worn brakes, bad tires and improperly secured cargo cause crashes that a properly maintained truck would have avoided.

Why truck cases are different legally

When a passenger car causes a crash, there is usually one driver, one insurance policy and one police report. A truck crash can involve all of these:

The driver. As with any crash, the driver can be liable for speeding, following too closely, unsafe lane changes, distraction or fatigue.

The trucking company (motor carrier). The company is generally responsible for the negligence of drivers working for it, and it can be directly liable for hiring an unqualified driver, failing to train or supervise, pushing unrealistic schedules, or neglecting maintenance.

Federal safety rules. Interstate trucking is regulated by the Federal Motor Carrier Safety Regulations. Among other things, the hours-of-service rules for drivers hauling property, found in 49 C.F.R. 395.3, require 10 consecutive hours off duty before a shift, allow no more than 11 hours of driving, prohibit driving after the 14th hour on duty, and cap total on-duty time at 60 hours in 7 days or 70 hours in 8 days, depending on the carrier's schedule. Violations of these rules, and of maintenance, inspection and driver-qualification rules, are powerful evidence that a driver or company failed to act safely.

Other companies. Shippers who loaded cargo improperly, brokers who hired an unsafe carrier, maintenance shops, and manufacturers of defective parts can all share responsibility.

Larger insurance policies. Commercial carriers usually carry much more liability insurance than individual drivers, which matters in cases involving permanent injuries or death. But coverage questions can still be complicated, particularly with owner-operators, leased trucks and small carriers. I wrote about one painful example in a post on commercial-vehicle coverage traps.

I explained the basics of these differences in a 2012 post on why truck crash cases are different. The fundamentals have not changed: the company has more resources, more records and more at stake, and it usually starts working on its defense the day of the crash.

The evidence that disappears

The most important evidence in a truck case is in the hands of the trucking company, and much of it does not last:

• Driver logs and hours-of-service records, which show whether the driver was within the federal limits;
• Engine and vehicle data, which may record speed, braking and other information in the moments before impact;
• Dash-camera and in-cab video, which some carriers use and may overwrite on a schedule;
• GPS and dispatch records, messages between the driver and dispatcher, and delivery schedules;
• Maintenance and inspection records for the tractor and the trailer;
• The driver's qualification file, including licensing, training, prior violations and drug and alcohol testing; and
• The truck itself, which may be repaired and returned to service.

Records like these can be lost through routine business practices if no one demands that they be kept. That is why a lawyer's first step in a truck case is usually a written preservation letter to the carrier and its insurer, identifying the evidence that must be saved. In June, I wrote about what Ohio's spoliation law does and does not cover when evidence is destroyed; the practical lesson is that it is far better to preserve evidence early than to fight about its loss later.

What to do after a crash with a truck

• Call 911 and get medical care, even if you think you are only shaken up.
• If you can safely do so, photograph the truck, including the company name, the USDOT number on the cab door, the trailer number and license plates.
• Get names and phone numbers of witnesses; other truckers and passing drivers often see more than you did.
• Do not give a recorded statement to the trucking company's insurer. Its adjusters and investigators may arrive quickly.
• Call a lawyer quickly so a preservation letter can go out before records are overwritten or the truck is repaired.

What this means for you

I-75 and I-70 carry an enormous volume of freight through our community, and the crashes that result are often life-changing. A truck case is won or lost on evidence the trucking company controls, and on understanding the federal rules that govern drivers and carriers. The sooner that evidence is secured, the stronger your case will be. You can read more about our approach on our truck accident page and our page on car and truck accidents.