Trucking Accident Attorney Blog

A tractor trailer that rear ended a car resulted in a $19.2 million jury verdict. The force of the collision threw the car into the path of an oncoming cement truck, which slammed into the victim’s vehicle. The driver died from his injuries at the scene.

After the collision, the driver of the truck tested positive for high levels of cocaine and marijuana. The man’s family brought suit in Illinois, because the truck company was negligent for allowing the driver behind the wheel when he was clearly unfit to drive.

This case shows the tactics some truck companies will go to avoid compensating victims. After the victim’s family filed suit in Illinois, the trucking company stated under oath that it only had a limited amount of insurance. It turned out that the trucking company had more insurance coverage than they had admitted. There was actually $50,000,000 of insurance coverage available.

At trial, the trucking company fought to keep the jury from hearing evidence of its driver’s drug use, but the judge allowed the drug use into evidence. At the end of the trial, the jury found the truck driver and trucking company were 100% responsible for the collision. The jury awarded the victim’s family $18.2 million for the deceased man's lost future earnings and the loss of the his companionship. The jury awarded an additional $1 million for the man’s suffering before he died at the scene of the wreck.

This case shows that you need to retain an attorney experienced in handling trucking accidents. All commercial truck drivers are required after accident to have drug test. It is important to make sure the evidence is saved. An experienced attorney who handles trucking accidents knows to look for all possible insurance. The possible insurance coverage includes the driver who caused the accident, the company employing the truck driver, the company whose trailer is being hauled, and any leasing company or employer employing anyone involved int eh accident even if they claim it is only an independent contractor relationship.

If you are looking for a free consultation, call or Jeffrey J. Lowe at 877-678-3400 or e-mail him at jeff@jefflowepc.com. Also visit his website at www.jefflowepc.com.

Truck drivers spend an enormous amount of time behind the wheel of their eighteen wheelers each week, and truck driver fatigue is a major factor in the cause of truck accidents. The length of time that a truck driver can spend behind the wheel trying to make it to his or her destination on time has long been a topic of debate in the trucking industry.

Some truckers claim the federal regulations that went into effect in the past four years with the goal of reducing trucking accidents have actually made matters worse. How long truckers can drive, how long they can rest, and how they should log their time have fueled debate among safety advocates and trucking companies.

For years, drivers have claimed logs are routinely falsified, so there is push now for electronic monitoring devices in trucks that would automatically record drive/stop times. Truckers are not happy about this; one veteran trucker actually had to pull over just 40 miles from his destination because he had driven the maximum of 11 hours already that day. The new law required that he "hang out" for ten hours before driving the last 40 miles of his trip.

One mother, whose son was killed, along with three friends, when a tired trucker fell asleep and rolled his rig over the teenager's car on a Maine highway in 1993, created Parents Against Tired Truckers (PATT). Daphne Izer actually sympathizes with the drivers who work long hours, are stuck on docks for hours waiting to be weighed or unloaded and are not getting paid for that lost time.

Although the logs and electronic monitoring devices are efforts to keep truckers rested and safe, the number of truck-related deaths in the United States is not decreasing. Stories continue to appear in the news such as the 46-year-old truck driver with no violations on his driving record who fell asleep as he sped toward vehicles that were slowing for construction on a crowded South Carolina interstate killing a young mother and her 13-year-old daughter.

Clearly something must be done to make the highways as safe as possible for those traveling the highways with trucks. The trucking industry and various highway safety groups are currently waiting for decisions from the appellate courts regarding the invalidation of the current FSMSCA' regulations allowing trucking to drive longer with less rest. These new regulations even though they were invalidated have been allowed to remain in effect because of a stay entered regarding the district courts declaring the new hours of service regulations invalid.

Something must be done to protect truck drivers and the cars on the roads with them. Since it certainly does not seem that the current FSMCSA headed by the former CEO of a trucking company appointed by the current administration and appointed by none other then George Walker Bush, will do the job that they are supposed to do, hopefully the courts will continue to do their jobs and make sure that truck safety regulations are actually that, regulations that protect the drivers of our nations highways including those who do the difficult job of driving our nations highways for a living.

Tractor trailer accidents can be catastrophic when a truck collides with a car. States are considering various ideas to make the highways safer for cars dealing with trucks.

The following is a list of states that are considering making interstate highways:safer for cars by making truck only lanes:

• Florida:is banning big trucks from the far left lane of I-4 on a 60-mile stretch between Tampa and Orlando.stretches of I-75 and I-95 elsewhere in the state have similar restrictions.

• Georgia: is considering truck-only toll lanes on parts of I-75 northwest of Atlanta and on a 20-mile stretch of the I-285 beltway that surrounds the city..

• Arizona, California, Texas and the Gulf Coast states:are using a grant to study segregating truck and automobile traffic on stretches of I-10.

Missouri, Illinois and Indiana are studying the possibility of adding truck-only lanes on I-70 from Kansas City, Missouri to the Ohio-West Virginia border study is one of six funded by the U.S. Department of Transportation to find ways to reduce congestion and improve freight delivery across the nation.

The $3 million grant will pay for Missouri, Illinois, Indiana and Ohio to examine the feasibility and cost of adding two truck lanes in each direction on the 750-mile stretch.. The study likely will begin within a year, said Andrew Dietrick, spokesman for the Indiana Department of Transportation. Among other things, it will explore how to fund such an endeavor. One option could be tolls for trucks using the dedicated lanes.. The lanes would be built specifically for big trucks, which means they could be designed to carry heavier loads than now allowed, which could provide the trucking industry with greater efficiency in moving goods, Dietrick said feasibility study typically is the beginning of a long process that can take years for a highway project to become a reality.

The federal agency is looking for ways to improve safety along the stretch of I-70, where average daily traffic ranges from more than 45,000 to 250,000 vehicles. Average daily truck traffic ranges from 11,000 to a maximum of more than 26,000..By 2035, the average daily traffic will increase to more than 100,000, including an average of 25,000 trucks.

Truckers and the trucking industry generally support exploring options that could ease their travel and improve safety."If they are looking outside of the box to try and help reduce traffic and decrease accidents and fatalities, fantastic," said KeVin Roberts, director of safety and membership for the Indiana Motor Truck Association: "Basically it boils down to trying to separate as much as possible trucks from cars," he said. "The money it will take to make something like that happen is tremendous."

Congestion, though, is an issue for truck drivers, both from a safety (cars can stop more quickly than trucks) and a monetary standpoint, Roberts said traffic backups that leave truck drivers idling in traffic are a financial issue for them, too. "That's how big trucks make money, by moving freight."

A truck driver who was involved in a fatal truck crash when his semitrailer veered across the Interstate Highway and killed a young mother and her infant was sentenced to 6 months in jail Friday.

The truck driver expressed remorse for what happened, but never settled the question of whether he fell asleep at the wheel. The semi he was driving, loaded with manhole covers, crossed the median and slammed into an SUV, killing Amanda Hieronymus, 25, and William "Will" Hieronymus III, 10 months, and critically injuring Amy Keller,and her son, Kolton Keller, 18 months.

"There is a certain degree of mystery in this case," said District Judge Dan Boyer before handing down the sentence. "Only you know what caused you to lose control of your vehicle."
The truck driver avoided trial by pleading guilty to two counts of vehicular homicide. In testimony that was frequently interrupted by tears, the victims' family begged Boyer to sentence the truck driver to two years in jail, the maximum.

The prosecutor told the judge how the truck driver was unable to get a clear commercial driver's license in 2004 because he had "severe and uncontrolled" sleep apnea. Sleep apnea is a condition that interrupts normal sleep at night, causing fatigue.

She told the court that an index is used to express the severity of sleep apnea; driver's license regulations require that medical treatment be obtained for a score of 10 or more. Hanley said the truck driver involved in the fatal accidents score was 62. Instead of returning to the doctor who issued him a provisional medical certificate, the truck driver went to a different doctor and didn't say a word about his sleep apnea," He was in effect doctor-shopping, to get around the rules."

After more than an hour of testimony the judge sentenced the truck driver to two, consecutive, one-year jail sentences but suspended that in lieu of six months in the county jail and three years' probation.

When truck are involved in accidents the frequency of deaths, and the severity of injuries increase substantially. Causes of trucking accidents include driver intoxication, brake failure, reckless driving, overloaded trucks, over sized trucks, driver fatigue, and driver inexperience. When a big rig driver engages in the same illegal behavior as some car drivers, the consequences can be far worse. Picture the scene when a big rig driver collides with a car because of speeding , failure to yield right of way, driving under the influence of alcohol or drugs, or driver fatigue.

Concerns regarding the truck accident and the increasing number of 18-wheelers led to the formation of the Federal Highway Administration (FHWA) to improve big-rig driver responsibility. Drivers were required to meet minimum national standards before they could obtain a Commercial Drivers License (CDL). Interstate trucking is regulated by the Federal Motor Carrier Safety Regulations (FMCSR). In addition, each state his its own set of regulations and laws. The FMCSR regulates such issues as: safe loading, use of alcohol and drugs, diver qualifications, and emergency equipment.

Truck drivers are also required to keep trucking logs, recording their driving times and hours of rest, among other things. Before each trip, the driver must inspect his truck systematically and this is governed by FMCSR 392.7. The driver must: (1) Review any previous inspection reports, (2) Double-check that anything marked for repair was in fact repaired, (3) Check the overall condition of his truck, looking for flat tires, suspension problems etc., (4) Check underneath the truck for any evidence of oil, coolant or fuel leaks, and (4) Examine the area around the truck for anything that might present danger to its movement, such as objects on the ground or low hanging wires.

Driver fatigue is also regulated by the FMCSR, in an attempt to cut down on accidents caused by sleepy or slow-reacting drivers. For instance, truck drivers may drive for 11 hours if they've just had 10 consecutive hours off but may not drive after being on the road for 60 hours in a 7-day period. They must take at least 34 consecutive hours off before they can begin another driving cycle. Because of pressure over the profit margin, drivers are sometimes drive more hours than these regulations permit with the companies tacit permission or purposely turning a blind eye to the truckers violations.

If you or a loved one is hurt in a semi-truck accident you should consult an an attorney experienced in handing truck accidents In addition time is of the essence because relevant evidence may disappear as time passes, such as the truck drivers log, which may legally be destroyed after 6 months a truck accident. These log books can supply evidence of: Maintenance and repairs. Also, memories fade, people move away, become ill, even die. All of this makes gathering evidence company will want to resolve things as quickly as possible, even right at the scene of the accident.

Also never sign any document presented to you by an insurance representative without first consulting an attorney. You could be signing away your right to proper compensation. Keep in mind that insurance companies make their money by investing. That means that the less they can pay out in compensation to their customers, and the longer they can delay any such payments, the more income they can be drawing on their invested money. The interests of an insurance company are directly opposite to yours as an accident victim. Don't delay in consulting an experienced truck accident attorney.

Truck drivers hours of service regulations are the laws that truck drivers have to follow regarding the number of hours they can drive per day and how long they must rest. The federal court struck down new Federal Motor Carrier Safety Administration ("FMCSA") regulations that would allow an 11-hour driving day followed by 10 hours of rest with a 34-hour reset. The court did not think that was safe and struck down the new law which would result in going back to 10 hours of drive time followed by an 8-hour rest.

The American Truckers Association ("ATA") President Bill Graves stated that: "The ATA believes the existing rules have proven to be a significant improvement over the old rules in terms of reducing driver fatigue and related incidents. Motor carrier experience and FMCSA data dramatically illustrate this. The ATA plans to provide additional real-world documentation of the effectiveness of the current rules."

FMCSA administrator Annette Sandberg: "We have a very aggressive goal at the Department of Transportation to reduce fatalities on our nation's highways, so safety is the top issue in our rule-making process. We developed the new hours-of-service rule with the priority in mind of reducing fatigue-related truck crashes, most notably in the long-haul sector where truck driver fatigue is 18 times greater than that of the short-haul sector. It is important to note that the research supporting the new rule estimates that only 5.5% of all large truck crashes are fatigue-related."

Advocates for Highway and Auto Safety president Judith Stone stated "In today's ruling, the court has once again sided with public safety and rejected FMCSA's illogical proposition that driving longer hours and working longer days will somehow solve truck driver fatigue."

Judge David Sentell who struck down the FMCSA new rule held that: "The agency [FMCSA] admits that studies show that crash risk increases, in the agency's words, 'geometrically' after the eighth hour on duty." He also chastised the agency for "ignoring its own evidence that fatigue causes many truck accidents" in a December 2006 ruling on the proposed HOS rules.

Advocates for Highway and Auto Safety VP Jackie Gillan: "In the last 10 years, 56,935 people have died and a million more were injured in truck crashes in communities across the country. American families are paying a steep personal and financial price for this public health disaster. ... It's time to stop coddling the trucking industry and make the safety of all motorists, including truck drivers, a priority."

Public Citizen president Joan Claybrook: "Large trucks are rolling time bombs on our highways, with tired truckers allowed to work 14 and 16 hours a day under the new DOT rules, making truck driving the most dangerous occupation in America."

PATT (Parents Against Tired Truckers) founder Daphne Izer: "The trucking profession has become 'sweatshops on wheels' because of the excessive and unsafe hours of work and driving time required of truck drivers."

It is odd that the agency that is charged with protecting public safety is so intent on allowing truckers to drive longer and ignores the studies that show that after 8 hours the number of accidents involving trucks increases dramatically. Could it be that the FMCSA is promoting profits over safety because of contributions to politicians? The current administration is intent on helping big business whenever it can and if it is at the expense of safety of drivers on our Interstate Highways so be it. Luckily this time the courts are looking out for our safety and protecting us from the FMCSA and the interests of big business.

Trucker fatigue is a common cause of truck accidents. Drivers of tractor trailers are regulated on the number of hours they can drive by the Federal Motor Carrier Safety Administration (FMCSA). In the long battle between the FMCSA and the courts over the FMSCA's attempts to allow truckers to drive longer with and rest less, the United States Court of Appeals for the District of Columbia on July 24, 2007, voided the FMSCA's new Hours of Service Regulations on procedural grounds.

The American Trucking Associations (ATA) filed a motion with the court on Sept. 6, 2007, asking that the Court keep the current HOS provisions in place for an eight month period, allowing the Federal Motor Carrier Safety Administration (FMCSA) time to issue a new final rule.
On Sept. 21, 2007, FMCSA filed a memorandum with the D.C. Circuit Court of Appeals asking the court to delay implementing the recent ruling on the HOS regulations governing commercial motor vehicle (CMV) drivers for 12 months. Under the court's Rules, however, the stay only extends 90 days to Dec. 27, 2007.

Maybe the FMSCA will quit trying to allow truckers to drive longer and rest less; based on their past history, however that is doubtful. I know from reading the posts of many truckers, that they are in favor of the new regulations because allows them to work longer and if the are paid by the mile, make more money. I have seen truck drivers in favor of the new regulations make comparisons to nurses who work 12 hour shifts. Anyone who has taken a long car trip knows that it is not necessarily the long hours that can make driving dangerous, it is the monotony that can cause you to not pay attention like you should. I have heard it called highway hypnosis. Because of the tragic results that one tired trucker can cause, I am in favor of the old rules that only allow truckers to work 10 hour days.

A truck crash on Interstate 70 in Columbia Missouri killed two persons in a car when a tractor trailer carrying mail rear-ended the car and caused the vehicle to catch fire.

Authorities said a tractor-trailer carrying mail under contract with the U.S. Postal Service was traveling eastbound on I-70 at 3:30 a.m. when it struck the back end of a car just west of the Stadium Boulevard exit. The car caught fire, and the truck went off the roadway and struck an embankment. "The driver of the truck was identified as Jim Marchesi, 51, of Junction City, Kan., who was not injured, police said.

The response from the Columbia Fire Department included a "foam truck" that delivers large quantities of firefighting foam. Columbia fire fighters also called for a water tanker from the Boone County Fire Protection District because of the size of the fire. Firefighters arriving at the scene found the car covered in flames in the middle of the eastbound lanes. After the fire was extinguished, firefighters found a single deceased victim in the car.

This fatal accident unfortunately is too common of occurrence. Trucks weighing 50,000 pounds simply cannot stop as quickly as cars. Truckers have to drive the speed limit and keep an eye out for stopped or slowing traffic so that they have time to stop. When they don't, the end result is usually fatal for the driver of the car. In a similar accident happened just 2 months ago on Interstate 44 outside St. Louis Missouri on a stretch of Interstate on which there have been numerous fatal truck car crashes, many of them similar to this crash. Something has to be done, and increasing the number of hours a truck driver can drive per day and per week, without a rest as proposed by the Federal Motor Carrier Administration will only lead to more fatal accidents like this one.

Trucks in Illinois are currently required to travel 10 mph below the 65 mph speed limit for other vehicles. Under the bill that passed the Illinois legislature the Illinois Department of Transportation Truck will be allowed to travel 65 mph, the speed limit for cars.

Illinois Governor Blagojevich has vetoed the bill twice before. In his latest veto message, the governor made it clear he doesn’t want trucks traveling at higher rates of speed. “This bill compromises safety by allowing trucks to travel at higher speeds. I remain opposed to increasing the speed limit to 65 miles per hour for large trucks,” Blagojevich wrote.
State transportation officials have called on legislators to uphold the governor’s veto of the bill. They refer to data from the Illinois DOT that shows nearly 140 people died in truck-related crashes in the state a year ago, The Southern Illinoisan reported. That number is down from an average of about 177 people who have been killed in truck-related crashes on roadways in the state in each of the past 10 years. Nevertheless, the Illinois legislature is expected to override the veto barring any unexpected change in their votes on the issue.