Trucking Accident Attorney Blog

A tractor trailer crashed into the back of a car which had stopped for a school bus, when it was struck from behind by a tractor trailer that pushed the car 272 feet and the school bus 328 feet, causing the car to burst into flames. The seven children in the car were killed.

Investigators investigating the cause of the crash found no mechanical failure, no obstruction that would have prevented the driver from seeing the stopped vehicles, and no evidence of drug or alcohol use by the truck driver. A re-enactment showed that the stopped bus and car could be seen for 1,400 feet away, but found only light skid marks of the tractor trailer a short distance before the impact.

The driver, Alvin Wilkerson, made an initial statement, but refused to be interviewed by the National Transportation Safety Board.

A police record check showed Wilkerson had four traffic citations and two arrests since 1997. Further investigation found that except for a nap, the truck driver had been awake for 34 hours preceding the accident. At the time of the crash, the driver was driving a load of bottled water on a trip that was approximately 85 miles. Evidence from witnesses and the driver's log book showed he was making deliveries and loading and unloading trucks during a 34 hour period.

Investigators were also looking at factors other than fatigue, including the fact that the driver had a dog in the cab with him. Investigators found that he was not talking on a cell phone. The owner of the tractor trailer, Crete Carrier Corp. out of Lincoln, Nebraska, operates over 5,000 trucks and employs over 5,000 drivers. Accident investigators hope to learn more from the accident from data recorders, but neither the tractor trailer nor the bus had a black box or other type recorder. An electronic engine control module on the truck that is capable of recording braking and vehicle speeds did not record that information prior to the crash sequence.

According to information from drivers who have worked for Crete in the past, they use Qualcomm to monitor their drivers. The basic modules of the Qualcomm system include miles and routing software. Anyone at the company that has access to the Qualcomm system can pull up what the driver has done. Qualcomm also works off a GPS system. The company can easily determine if the driver is violating the Federal Motor Carrier Safety hours of service laws. Some drivers claim that a driver can thwart the Qualcomm system by not accurately reporting the miles of service. It seems like it is time for federal regulations making systems that track through GPS the miles and hours of service that the vehicle actually drives in which it is not as easy for drivers the cheat the system. Trucking companies, of course, do not want this because it places the clear responsibility to monitor the drivers on them and it prevents high mileage drivers who thwart the system from being able to do so.

The National Transportation Safety Board's chairman, Mark V. Rosenker, noted that the NTSB has made more than 60 safety recommendations to the Federal Motor Carrier Safety Administration over the past 8 years, but only 26 have been adopted by the FMCMSA. According to Rosenker, "there is outrage when a couple of hundred people are killed in aviation fatal accidents, yet you don't seem to see, share, or demonstrate the same outrage when 4,300 people die on our nation's highways annually."

One can only wonder why the Federal Motor Carrier Safety Administration would ignore recommendations of the National Transportation Safety Board. Why isn't the FMCSA interested in decreasing injury and death caused by bus and large truck accidents. Maybe it's the fact that the Busch administration appoints former lobbyists, executives, or lawyers of the trucking industry to head and staff the agency charged with enforcing the safety of the same industries. These former trucking industry lobbyists, executives and lawyers are not interested in reducing crashes, injuries and fatalities involving large trucks, even though this is what they are charged with, they are more interested in bowing to the interests of the trucking industry for higher profits at the expense of safety.

The Federal Highway Administration 5,200 deaths from truck accidents loosened its length limitation on what truck drivers call "4-ways", which is a slang term for trucks towing three other trucks in March 2007. Under the old regulation, the limit of 4-ways was 75 feet, but under the new regulations it is now 97 feet.

The Truck Safety Coalition has been pressuring the federal government to reduce the number of truck related deaths. Despite these deaths on the nation's highways as a result of truck accidents, the 97 foot long truck combination was slipped through in the Congressional Highway Funding bill.

Prior to the Federal Highway Administration's enactment of it, truck safety groups raised the obvious questions of the safety. Truck drivers testified to the agency stating that the new rule was absurd, and that even with 75 feet, a tractor trailer with three separate trailers were unstable and that the last trailer tends to sway back and forth.

Despite the opposition by truck safety groups, the Federal Highway and Transportation Administration published the rule allowing it and citing the studies from groups that say that safety concerns from the truck drivers are unfounded.

The next time you are driving down the highway and see a tractor trailer towing three separate trailers, 97 feet long, going 70-75 miles an hour, you can thank the trucking industry and its friends in congress who are more interested in profits than safety.

In an Illinois truck accident the jury awarded $23.56 million to a plaintiff who suffered a traumatic brain injury, bilateral pelvic fractures, fractures of arms, legs and collar bone, as well as later suffering from quadriplegia as a result of a head-on collision between a van and a tractor trailer.

The plaintiff was 25 years old and riding in the front seat of a van traveling on the Interstate highway. The truck crossed the median and entered the van's lane of travel, the truck struck the passenger side of the van, severely injuring the plaintiff. The plaintiff incurred past medical expenses of approximately $560,000 and according to the life care plan, had $14 million in future life care costs. The plaintiff had been a forklift operator but was unemployed at the time of the injuries and was now completely unable to work. She claimed $30,000 in past lost wages and $450,000 in future lost income.

The plaintiff sued the driver of the truck, its owner, and the company that operated it. The plaintiff claimed that the driver failed to remain in his lane and fell asleep at the wheel after he took a prescription sleep aid. The lawsuit claimed that the truck's owner and operator negligently retained and entrusted the vehicle to the defendant driver. Plaintiff claimed the company failed to properly investigate the driver's medical history and evaluate whether he was fit to drive a tractor trailer.

Plaintiff's experts were Gary M. Warkony, life care planning, Lake Forest, IL; Roy Adair, physical medicine and rehabilitation, Oak Lawn, IL; David Sallmann, accident reconstruction, Libertyville, IL; and Phillip Rushing, economics, Campaign, IL.

Defendant's expert was Harry W. Schwartz, physical medicine and rehabilitation, Philadelphia, PA.

The jury awarded $23.56 million. It is reported that the parties reached a post verdict settlement of $22.1 million.

A tractor trailer crossed the median and hit plaintiff head-on after the truck driver lost consciousness. The plaintiff Lester was 49 years old driving on a highway when the driver of the vehicle was trapped inside her car for over an hour and died of injuries several hours later. She had been earning $48,000 annually in computer sales and her estate claimed $1.05 million in lost earning capacity. She was survived by her parents and three adult siblings.

The parents, individually and on behalf of their daughter's estate, filed suit against the driver of the tractor trailer and his employer, alleging that the driver was driving recklessly and failed to maintain control of the tractor trailer. Plaintiff also complained that the driver failed to take medication to prevent the blackout from occurring. The suit against the employer alleged failure to do a background check on the driver.

Defendants claimed that the driver was not negligent and had a sudden medical emergency.

Plaintiff's experts included Lemuel Dent, trauma surgeon and Halatoubbeh, gastroenterology, both of Atlanta, GA; Tim McWilliams, Fire and Rescue, Dallas, GA; Robert Cartier, biomechanical engineer, Fletcher, NC; and Ricky Harris, accident reconstructionist of Calhoun, GA.

The jury awarded plaintiffs $7.03 million.

In Illinois, a flatbed tractor trailer rolled over and hit a family's car which was on the side of the road with a flat tire. Pierce, who was 6 years old, was riding in his parent's car when it got a flat tire. Pierce's father, who was 36, pulled over on the side of the Interstate and got out to change the tire. While changing the tire, a flatbed trailer road rolled over and two boom lifts it was carrying broke free, one piece of the lift fell on to the car which burst into flames. Pierce, who was 6 years old and strapped in the car seat, died in the fire. Another piece of equipment struck the father, traumatically amputating his left leg below the knee. He incurred medical expenses of approximately $244,000 and earned about $30,000 annually. The mother, who was also present, suffered from post traumatic stress disorder and incurred about $55,200 in medical costs. She was unable to work and claimed $670,000 in future lost income. The father subsequently died unrelated approximately two years later.

The estate of Pierce's father, along with Pierce's mother on behalf of her son's estate, sued the owner of the trailer, the manufacturer of the boom lifts, and the company that chose which flatbed trailer would be used. The suit against the trailer's owner was based on vicarious liability, claiming among other things that the truck driver was speeding and failed to keep the tractor trailer under control. Suit against the manufacturer of the boom lift alleged that it negligently loaded the lifts onto the trailer and set them in such a way, making the flatbed trailer subject to rollover. The company that selected the flatbed trailer was sued, alleging that it failed to specify a drop deck trailer to transport the two lifts.

Plaintiff's experts included Don Asa, heavy vehicles, motor carrier safety and regulatory compliance, Scottsdale, Arizona; Kenneth Baker, accident reconstruction, Wilmette, Illinois; Nathan Ware, vehicle dynamics, stability in accident reconstruction, Grand Haven, Michigan; Michael Steven Pinzur, orthopedic surgery, Maywood, Illinois; and James Radkey, vocational rehabilitation, Northbrook, Illinois.

Defendant's experts included Anita Kerezman, transportation and trucking, Scottsdale, Arizona; Art Atkinson, heavy vehicles and motors, Glendale, Arizona; Dagmar Buzeman Jewkes, accident reconstruction and engineering, Aurora, Illinois; John Flies, transportation logistics and logistics management, Des Moines, Iowa; and George Caird, transportation, engineering and trailer design, Victoria, British Columbia, Canada.

The parties settled before trial for $15.6 million of which Pierce's mother received $10.1 million and Pierce's and his father's estates divided the remaining $5.1 million. The trailer's owner paid $7.6 million of the settlement and the logistics company and boom lift manufacturer each paid $4 million.

After a dump truck read ended a car at a red light, a jury awarded the plaintiff $1.28 million plus prejudgment interest and costs. The plaintiff suffered multiple herniated discs, torn cartilage in her right knee, and incurred medical specials of $111,900. Plaintiff may also have to undergo future surgery and continuing medical treatment and therapy. She has been employed as assistant manager of a local store earning $19,000 per year and was permanently unable to work. She claimed $133,000 in past lost wages and an additional $323,000 in future lost wages.

The plaintiff Moreno sued the driver of the dump truck and the truck driver's employer who owned the truck. The suit against the driver alleged that the driver was negligent in failing to stop and rear-ended the plaintiff's vehicle and the suit against the owner was based on the fact was the drivers agent.

Plaintiff's experts were Pat McKenna, occupational therapy, Lakewood, Colorado; Scott Shaffer, pain management, Wichita Falls, Texas; Lawrence Varner, orthopedic surgeon, Aurora, Colorado; Greg Reichardt, physical medicine and rehabilitation, Thorton, Colorado; and George Rossie, clinical psychologist, Denver, Colorado.

Defendant's experts were Gretchen Brunworth, physical medicine and rehabilitation, Centenial, Colorado; Ron Carbaugh, clinical psychology, North Glenn, Colorado.

The jury awarded plaintiff $1.28 million plus prejudgment interest and costs. The insurer of the truck driver's employer, paid the entire amount.