Richmond Virginia Personal Injury Lawyer - Trucking Accidents

Federal Regulators Miss Chance to Lower Truck Accidents

Michael Phelan — Thu, 20 Dec 2007 16:23:24 GMT

Driver fatigue is a leading cause of tractor trailer truck accidents. Consumer advocates sued recently to require the Federal Motor Carrier Safety Administration to lower the current 11-hour driving limit to 10 hours. The requested change would have resulted in one less hour behind the wheel each day. The Teamsters union supports the lower limit. Alas, the Bush Administration once again sided with big trucking companies over traffic safety, and, on December 11th, the FMCSA maintained the 11-hour limit.

Originally posted at InjuryBoard by Michael Phelan

Fatal Truck Crash Results in $36.3 million Verdict

Michael Phelan — Wed, 05 Dec 2007 14:57:42 GMT

On a clear day in April 2004, a father of eight kids and owner of a plumbing supply company, was driving his Chevrolet Suburban and obeying the rules of the road. At the same time, a driver of a Swift Transportation tractor-trailer drove 65 mph across three sets of rumble strips designed to warn of an approaching stop sign, ran the stop sign, and crashed into the Suburban, killing the father. Swift Transportation conveniently could not locate the driver logs it was required to keep under federal regulations, which no doubt would have shown that its driver was fatigued due to logging too many continuous driving hours. Like most tractor trailer truck accidents, this one was likely caused by driver fatigue.

At trial, the Swift driver had no explanation for why he failed to even slow down. The jury apparently had a good idea why Swift allegedly lost the driver logs, as it awarded $13.5 million in punitive damages on top of the $23.1 million in compensatory damages. The trial took place in Maricopa County Superior Court in Arizona. Congratulations to Steven Copple, a Phoenix attorney who represented the Steven estate.

For more information, please refer to the section on Tractor-trailer Accidents.

Originally posted at InjuryBoard by Michael Phelan

Truck Accidents Caused By Driver Fatigue

Michael Phelan — Wed, 25 Jul 2007 15:08:59 GMT

About 100 people die each week in truck accidents. Despite this alarming statistic, the Bush Administration once again succumbed to pressure from lobbyists (this time the American Trucking Association) and, in 2005, adopted new rules permitting tractor trailer truck drivers to drive 11 hours per day. Safety experts and insurance industry analysts challenged the new rules on grounds that the longer driving hours caused driver fatigue and contributed to a high number of truck accidents.

The Federal Motor Carrier Safety Administration ignored the safety concerns. Fortunately, the consumer advocacy group, Public Citizen, filed a lawsuit challenging the federal rules. On July 24th, the United States Court of Appeals for the District of Columbia struck down the 2005 rules, finding that the agency had ignored the results of a study it commissioned, which involved a database of over 50,000 truck accidents. The study concluded there was a substantially higher risk of fatigue-related accidents during the extra hours of driving allowed by the new rules. It's time the government put the lives of citizens above the influence of trucking industry lobbyists. We should all be thankful that dedicated lawyer at Public Citizen continue to be such effective watchdogs.

For more information on this subject, please refer to our section on Tractor-Trailer Accidents.

Originally posted at InjuryBoard by Michael Phelan

The Federal Motor Carrier Safety Admin.: Six Years Later, the Roads are No Safer from Truck Crashes

Michael Phelan — Tue, 13 Mar 2007 16:07:09 GMT

A study released by two truck and highway safety advocacy groups showed that U.S. fatalities from truck accidents have remained consistent at 100 per week from 1999 (when the federal Motor Carrier Safety Administration was created) through 2005. This week, families of truck crash victims are lobbying Congress and the Bush Administration to create stricter safety rules. The advocacy groups seek to reduce the number of hours truck drivers are allowed to drive without rest, increase safety inspections of big trucks, require on-board electric monitors to ensure compliance with hours-of-service rules, and train drivers better. Guess whose side the Administration will take?

Originally posted at InjuryBoard by Michael Phelan

Federal Motor Carrier Safety Admin. Has History of Ignoring Safety Warnings

Michael Phelan — Fri, 23 Feb 2007 09:15:29 GMT

After completing its investigation of the tragic bus fire that killed 23 elderly Hurricane Rita evacuees, the National Transportation Safety Board on February 21st called on the Federal Motor Carrier Motor Safety Administration to promulagate stronger safety regulations for buses and large trucks. The FMCMSA is charged with reducing crashes, injuries, and fatalities involving large trucks and buses. According to the Washington Post:

NTSB Chairman Mark V. Rosenker expressed concern that the [FMCMSA] had not heeded all of [NTSB's] suggestions in the past. He noted that of more than 60 safety recommendations the NTSB proposed in the past eight years, only 26 have been adopted by the motor carrier agency. "There is outrage when a couple 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," Rosenker said. "We can make changes here on this board...to chip away piece by piece at the 4,300 people who die on highways."

In its report concerning the subject bus fire, the NTSB blamed the accident on Gobal Limo. The report stated that:

...the bus was "mechanically unsafe" when it transported the 44 assisted-living-facility residents from Sunrise Senior Living community in Bellaire, Tex., to Dallas on Interstate 45. The fire started after poorly lubricated wheel bearings overheated in the right rear well, igniting a tire, investigators found. Last month, a U.S. District Court in McAllen, Tex., sentenced the owner of Global Limo...to five years' probation for poorly managing his fleet and not requiring all drivers to fill out vehicle inspection reports. A government investigation [of Global Limo] found 168 alleged violations involving four other buses in Global Limo's fleet. The bus involved in the fatal accident near Dallas had an illegal license plate, and its driver did not have a valid U.S. driver's license.

So why would the federal motor carrier agency ignore NTSB safety recommendations aimed at decreasing injury and death caused by bus and large truck accidents? It's the same old story-the heads of most federal agencies appointed by the Bush administration are former lobbyists, executives, or lawyers for the very industries that the agency is supposed to regulate. The foxes are guarding the chicken coop. This is true at the FDA, the CDC, the EPA, the CPSC and many other federal agencies where rules are being written not to protect consumers from dangerous drugs or products, but to protect manufacturers from lawsuits.

Originally posted at InjuryBoard by Michael Phelan

Three People Killed in Fiery Tractor Trailer Truck Crash on Interstate 66

Michael Phelan — Thu, 01 Feb 2007 21:51:23 GMT

At 3:50 a.m. Tuesday morning, a tractor trailer traveling west on I-66 in Fairfax crashed into the rear of a Jeep Wrangler, knocking the Wrangler into a Volvo. The Wrangler and Volvo burst into flames. The driver of both the Wrangler and Volvo plus a passenger in the Volvo were killed. This brings to 61 the total number of people killed on Virginia highways in 2007. While the State Police have not yet commented on the cause of the crash, the time of the accident suggests driver fatigue. As The Doors famously said, "there's a killer on the road." Too often, the killer is over-tired, speeding tractor trailer truck drivers.

Originally posted at InjuryBoard by Michael Phelan

15 Passenger Vans="Death Traps"

Michael Phelan — Fri, 19 Jan 2007 01:00:00 GMT

A 15 passenger bus (commonly referred to as a 15 passenger van) is designed to seat 14 passengers and a driver. The design of these buses is a standard cargo chassis with an extended full-size body that has been equipped with passenger seating. These buses have been sold by GM, Ford, and Chrysler under various names:
1. Chevrolet Express 3500
2. GMC Savana G3500
3. Dodge Ram Van/Wagon B3500
4. Ford Econoline E350
5. Ford Club Wagon E350
6. GMC Rally/Vandura G3500

On April 9, 2001, the National Highway Traffic Safety Administration (NHTSA) issued a warning that 15 passenger vans/buses had an increased rollover risk under certain conditions. Former NHTSA Chief, Joan Claybrook (current director of Public Citizen) called the 15 passenger van a "death trap" that becomes even more dangerous when used for the intended purpose of hauling many people. (Denver Post, June 22, 2002).

What is the Design Hazard?
* High center of gravity that gets higher with every additional passenger
* Loading the van shifts the center of gravity rearward and upward
* Short wheel base
* Insufficient track width
* Rear seats behind rear axle (rear overhang)
* Very unstable, especially during emergency maneuvers (strong tendency to over steer and wander)
* Lack of dual rear wheels (which are required on all buses designed to hold more than 10 people)
* Loading near capacity creates heavy rear load which causes control problems and over stresses rear wheels, contributing to tire failure.

These vehicles are so dangerous that Chrysler recently stopped making them. Yet, every month or so, I hear another story about a terrible accident involving one of these vehicles. Just this week, two women were killed and 14 injured in Georgia when the 2001 Dodge Ram van in which they were passengers crashedu>.

The standard short school bus with dual rear wheels is a much safer alternative. It has a lower center of gravity, a wider wheel base, and little or no rear overhang. All organizations, especially schools, should replace their 15 passenger vans with the safer buses. I refuse to allow my children to ride in a 15 passenger bus, even if it means that they are not permitted to participate in a class trip. The danger is too great.

Originally posted at InjuryBoard by Michael Phelan

Improper Loading Causes Tractor Trailer Truck Crash

Aubrey Ford — Fri, 05 Jan 2007 18:46:32 GMT

An 11 month old baby was killed and her two siblings and mother were were injured when the tractor trailer truck in which they were passengers overturned. The children and their mother were taking a road trip with their father who was hauling magazines stacked on pallets. Unfortunately, the magazines had been loaded improperly. When the truck slowly entered a curve, the mother

heard a loud clunk coming from the box trailer as the load in the trailer shifted to one side.

The tractor trailer overturned onto the passenger side and a utility pole ripped through the truck cab. The children had been riding in the sleeper compartment. This unfortunate incident highlights the hidden dangers caused by improperly loaded tractor trailer trucks on our highways. There have been many tractor trailer cases in Virginia involving catastrophic injury or death caused by shifting loads inside of box trailers or improperly secured loads on flat bed trailers. The tragedy suffered by the family of this 11 month old baby is compounded by the fact that the truck crash happened only blocks from their home. The parents must now drive past the curve on which the tip over crash occurred every day.

Originally posted at InjuryBoard by Aubrey Ford

Virginia Legislators Are Inconsistent in Trying to Reduce Insurance Rates

Staff Writer — Mon, 13 Feb 2006 14:11:32 GMT

I put myself through law school by selling Harley Davidson motorcycles in Virginia Beach, Virginia. At the shop, I would regularly hear riders complain about restrictions and helmet laws. They even wore tattoos that said "Live Free or Die". However, motorcycle helmet laws continued to be enforced and provide safety protection for riders.

This past week, we saw a Virginia delegate continue to push the "no helmet" mantra. The sponsor of house bill 1400, Delegate Bill Janis R-Henrico, stated that adults should be free to waive the benefits and risks of wearing a helmet and decide for themselves. The militia, police and public safety committee then voted 13-7 to send the measure to the house floor to allow the relaxation of the current helmet law. Last year, this same bill was defeated by a vote of 51-46.

On Tuesday, the house voted by a 57-42 vote to again defeat this same legislation. The argument that prevailed was that this measure would lead to severe head injuries, higher insurance rates and medical costs, and even death. A coalition of lobbyists representing doctors, insurance companies and AAA all urged defeat of this bill.

Fortunately , this bill was resoundingly defeated. Strangely, some of the same 42 that had voted in support of this legislation are the same legislators, such as Delegate Janis, who argue for lawsuit caps because of the claim that without them, our insurance rate continue to rise. As voters, we need to hold such legislators accountable for their double messages when, in reality, it does not appear that there is a consistency with the logic of such legislation.

Originally posted at InjuryBoard by Staff Writer

Does Virginia's Attorney General Still Want to Limit Our Rights to a Trial by Jury?

Staff Writer — Mon, 13 Feb 2006 14:04:30 GMT

Today I saw the announcement that Virginia Attorney General Bob McDonnell will begin to regularly appear on a popular conservative website so that web surfers can blog with him on a weekly basis. In going to the site, they catagorize this announcement as "straight talk from the internet's first elected blogger".

My relationship with Attorney General McDonnell goes back to 1991 when he first ran for the house of delegates. Republican activist and Virginia Beach attorney, Gary Byler calls me Bob's first campaign contributor. Throughout the years, I have maintained some contact with him but have become increasingly disappointed with his desire to limit a victim's to the right to trial by jury.

A search of contributors to his attorney general's campaign shows that he and two other delegates originally formed a political action committee called Virginia Conservative's Action PAC. According to VPAP.org, in May of 2005, the American Tort Reform PAC contributed $260,000.00 to Mr. McDonnell's conservative PAC. By their own admission, the American Tort Reform PAC was formed to limit jury awards on personal injury awards and product liability claims and to place limits and restrictions on class actions and punitive damages.

After the Virginia Conservative Action PAC received this $260,000.00 from the American Tort Reform Association, it then funneled this money in May and June 2005 to the Attorney General's race by contributing $252,609.00 to Bob McDonnell's campaign. Apparently, he did not want it to show as directly coming from the American Tort Reform Association.

Delegate McDonnell contacted me during his political campaign for Attorney General. He knew that I had previously been a donor and requested that I assist in his current campaign. At that time, I was unaware of this veiled contribution by the American Tort Reform PAC. However, I did know of the various bills that he introduced that, in my opinion, specifically were an attempt to limit the rights of injured victims. At that time, I told him that I viewed him as an enemy to the rights of ordinary people.

Recently, Attorney General Bob McDonnell issued a statement as a reaction to Governor Kaine's State of the Commonwealth Address. In that, he stated that the "Office of the Attorney General will make its decisions based on the role of law, and a strong and abiding belief in free individuals and free markets". In light of the large contribution by the American Tort Reform PAC as well as some of the bills that he has introduced in the legislature, it is hard to match up this statement with his emphasis to protect corporate accountability and limit rights of recovery. His weekly blog should hold some interesting future revelations. Hopefully we will now let free individuals and free markets deliver accountability.

Originally posted at InjuryBoard by Staff Writer