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Guide · Truck accidents · All states

What causes truck accidents, and why it matters for a claim

Updated By the Counselworthy teamGeneral information, not legal advice

Short answer

  • In the federal government's study of serious truck crashes, the truck was assigned the critical reason in 55% of them, and 87% of those reasons were the driver's, not the vehicle's or the road's.
  • Brake problems, speed for conditions and fatigue were among the top factors.
  • The cause decides whose records and insurance matter.

Checked October 24, 2026.

Sources: FMCSA, Report to Congress on the Large Truck Crash Causation Study (March 2006); FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007). Every fact cites a source

Checker

What happened?

Pick the closest one. It shows the record that usually speaks to it, and how long a trucking company has to keep it. It can't tell you what caused your crash or who is at fault.

The truck couldn't stopThe carrier's maintenance records
What it is
Brake problems were the most common factor coded for trucks in the federal study.
Why it matters
A carrier must systematically inspect, repair and maintain the trucks it controls.
The rule
Inspection and maintenance records are kept 1 year where the truck is kept, and 6 months after it leaves the carrier's control.
What you can do now

Ask, in writing, that the carrier keep its inspection and maintenance records for that truck.

Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007); 49 CFR 396.3
The driver seemed tiredThe driver's hours records
What it is
Fatigue was one of the top factors coded for trucks in the federal study.
Why it matters
Federal rules limit how long a truck driver may drive.
The rule
A driver hauling property may drive 11 hours after 10 hours off. Carriers keep drivers' duty records for 6 months.
What you can do now

Ask, in writing, that the carrier keep the driver's hours-of-service records.

Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007); 49 CFR 395.3(a); 49 CFR 395.8(k)(1)
It was going too fast for the conditionsThe police report and witnesses
What it is
Traveling too fast for conditions was one of the top factors coded for trucks in the federal study.
Why it matters
Speed for the conditions is about what was safe then, not only the posted limit.
The rule
New Jersey law tells drivers not to follow more closely than is reasonable and prudent, given speed, traffic and the road.
What you can do now

Write down the weather, the traffic and any work zone, and ask for the police report.

Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007); Model Civil Jury Charge 5.30D, Violation of Traffic Act (N.J.S.A. 39:4-89)
The driver was on a phoneA federal ban
What it is
Texting while driving a commercial truck is banned by federal rule.
Why it matters
Breaking a safety rule can count as evidence of negligence.
The rule
No truck driver may text while driving, and no carrier may allow or require it.
What you can do now

Tell police what you saw, and write down anyone else who saw it.

Source: 49 CFR 392.80; Cornell Law School, Legal Information Institute, Wex: negligence per se
Cargo fell, shifted or spilledThe cargo securement rules
What it is
Federal rules on how a load must be tied down.
Why it matters
A load that falls or spills points to how the truck was loaded and secured.
The rule
A commercial truck must be loaded and equipped to keep its cargo from leaking, spilling, blowing or falling.
What you can do now

If it's safe, photograph the load, the truck and any markings on its doors.

Source: 49 CFR 393.100
The truck belongs to a companyThe employer can answer too
What it is
A claim against the trucking company as well as the driver.
Why it matters
An employer can be legally responsible for an employee's wrongful acts on the job, though not an independent contractor's.
The rule
A carrier keeps a qualification file for each driver it employs, for as long as the driver works there and 3 years after.
What you can do now

Write down the company's name and any numbers on the truck's doors.

Source: Wex, Respondeat superior; 49 CFR 391.51

What the federal crash study found

The Federal Motor Carrier Safety Administration's Large Truck Crash Causation Study looked at a national sample of serious truck crashes over 33 months. Its report to Congress came out in 2006.

  1. The truck, in 55% of crashesThe truck was assigned the critical reason, the failure just before the crash, in 55% of the cases.Source: FMCSA, Report to Congress on the Large Truck Crash Causation Study (March 2006)
  2. The driver, in 87% of thoseDriver reasons were 87% of them, most often failing to recognize the situation or poor driving decisions.Source: FMCSA, Report to Congress on the Large Truck Crash Causation Study (March 2006)
  3. The truck itself, in 10%The vehicle, such as its brakes, was the critical reason for 10% of trucks assigned one, and the environment for 2%.Source: FMCSA, Report to Congress on the Large Truck Crash Causation Study (March 2006)
  4. A factor isn't faultThe study also coded factors present at each crash. It made no judgment about whether a factor caused it, only whether the factor was there.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)

The top factors, in order

The ten factors the study coded most often for large trucks and their drivers, most common first.

  1. Brake problemsA vehicle factor, coded for 29% of trucks.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)
  2. Traffic flow interruptionCongestion, or an earlier crash ahead.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)
  3. Prescription drug useThe driver's own prescription drugs.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)
  4. Traveling too fast for conditionsCoded for 23% of trucks.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)
  5. Unfamiliarity with the roadCoded for 22% of trucks.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)
  6. Roadway problemsAn environment factor, coded for 20% of trucks.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)
  7. Required to stop before the crashA traffic signal, a stop sign or a crosswalk ahead.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)
  8. Over-the-counter drug useCoded for 17% of trucks.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)
  9. Inadequate surveillanceNot looking, or looking without seeing. Coded for 14% of trucks.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)
  10. FatigueCoded for 13% of trucks.Source: FMCSA, The Large Truck Crash Causation Study, Analysis Brief (FMCSA-RRA-07-017, July 2007)

NJTruck crashes in Jersey City

How often a truck was involved in Jersey City's crashes, counted from police crash reports.

  • 5,926crashes in Jersey City involved a truck, January 2019 to September 2026: 12% of all 48,959.
  • 32of them killed or seriously hurt someone.
  • 5of them are rated fatal by NJDOT.

From police crash reports in NJDOT's crash data portal, January 2019 to September 2026. Preliminary: crashes can take weeks to appear and can change. Trucks here means single-unit trucks and tractor-trailers, as police coded them. Counts, not a measure of risk. Source: NJDOT's crash data portal, checked October 7, 2026.

See every truck crash on Jersey City's crash map

Who gets hurt

NHTSA's newest full year, 2024:

  1. 5,340 people killedIn crashes involving large trucks, and an estimated 161,201 injured.Source: NHTSA, Traffic Safety Facts, Large Trucks: 2024 Data (DOT HS 813 816, June 2026)
  2. Mostly people in other vehicles70% of those killed were in other vehicles, and 17% were in the trucks.Source: NHTSA, Traffic Safety Facts, Large Trucks: 2024 Data (DOT HS 813 816, June 2026)
  3. Where and when25% of fatal truck crashes were on interstates, 56% in rural areas and 76% on weekdays.Source: NHTSA, Traffic Safety Facts, Large Trucks: 2024 Data (DOT HS 813 816, June 2026)

The records that show a cause

Federal rules make trucking companies keep records that ordinary drivers never have. How long each is kept matters, because a record can be gone before a claim starts.

  1. Inspection and maintenance records49 CFR 396.31 year, and 6 months after the truck leaves
  2. Drivers' duty status records49 CFR 395.8(k)(1)6 months
  3. Driver qualification file49 CFR 391.51While employed, and 3 years after
  4. The accident register49 CFR 390.15(b)3 years after each accident
  1. A daily inspection reportEvery driver must report in writing at the end of each day's work on each truck, and the carrier must repair listed defects that affect safety before the truck goes out.Source: 49 CFR 396.11
  2. A drug test before drivingA driver must be tested for controlled substances before first performing safety-sensitive work for an employer.Source: 49 CFR 382.301
Source: 49 CFR 396.3; 49 CFR 395.3(a); 49 CFR 395.8(k)(1); 49 CFR 391.51; 49 CFR 390.15(b)

Why the cause decides who pays

The driver and the employer

An employer can be legally responsible for an employee's wrongful acts within the scope of the job. That rule applies to employees, not independent contractors.

Source: Wex, Respondeat superior
The truck's insurance

For-hire interstate trucks hauling general freight must carry at least $750,000 in liability coverage. A policy pays up to its limit.

Source: 49 CFR 387.9
A broken safety rule

Breaking a safety rule, like the texting ban, can count as evidence of negligence. States differ on how far they take it.

Source: Cornell Law School, Legal Information Institute, Wex: negligence per se; 49 CFR 392.80
NJYour share of the fault

In New Jersey, your recovery is cut by your share of the fault. Above 50%, you recover nothing.

Source: N.J.S.A. 2A:15-5.1; N.J.S.A. 2A:15-5.2

NJThe deadlines in New Jersey

  1. Sue for an injury, in generalN.J.S.A. 2A:14-2(a)Within 2 years
  2. A government truck or roadN.J.S.A. 59:8-8Notice within 90 days
Source: N.J.S.A. 2A:14-2(a); N.J.S.A. 59:8-8; N.J.S.A. 59:8-9

Sources

General information, not legal advice. We don't know the facts of your claim. A lawyer can review them, and most injury lawyers offer a free consultation.

What to do next

Questions people ask

What is the most common cause of truck accidents?

In the federal Large Truck Crash Causation Study, driver reasons were 87% of the critical reasons assigned to trucks. The factor coded most often for trucks was brake problems, then traffic flow interruption and prescription drug use.

What percentage of truck accidents are caused by the truck driver?

The study assigned the truck the critical reason in 55% of crashes, and 87% of those were driver reasons. A critical reason isn't a finding of legal fault.

Who is liable in a truck accident?

It depends on the cause. The driver can be, and an employer can be legally responsible for an employee's wrongful acts on the job, though not an independent contractor's. In New Jersey, your own share of fault cuts what you recover.

How long do trucking companies keep records after a crash?

Inspection and maintenance records 1 year where the truck is kept, drivers' duty records 6 months, and the accident register 3 years. Asking in writing for them to be kept is a common first step.

How many people die in truck accidents each year?

NHTSA counted 5,340 people killed in crashes involving large trucks in 2024. 70% of them were in other vehicles.

Can a truck driver text while driving?

No. Federal rules bar truck drivers from texting while driving, and bar carriers from allowing or requiring it.

More on truck accidents

Next stepsA guide, not a lawyer