Richmond Virginia Personal Injury Lawyer - Tractor-Trailer Accidents

NTSB Recognizes Need to Better Monitor Truck Driver Fatigue

Michael Phelan — Fri, 04 Dec 2009 01:00:00 GMT

Last month, Deborah Hersman , Chairwoman of the National Transportation Safety Board, spoke in Washington to the National Press Club and stated that every day over 100 Americans die in transportation accidents, mostly on our highways. After her speech, the Chairwoman turned her comments to truck accident prevention.

Chairwoma Hersman recognized driver fatigue as a major cause of truck crashes and called for Electronic Onboard Recorders (EOBRs) on all commercial trucks. Her rationale for this safety device is that NTSB "investigate accidents on a regular basis where we find two sets of log books [with one being false]." In other words, even the NTSB recognizes that fudging driver log books is a common practice to enable drivers to be on duty for more hours than is legally permitted. While not fool proof, EOBRs are harder to fudge than paper driver logs. Monitoring driver fatigue is an important safety issue.

As I discussed in a recent blog, none of these monitoring devices are of any use in civil litigation unless the evidence is preserved. The Federal Motor Carrier Safety Regulations permit trucking companies to destroy this evidence six months after the crash. That's why truck accident vicitims should consult an experienced truck accident lawyer as soon as possible. The first thing the lawyer should do is send a letter to the truck company and its insurance carrier demanding that all evidence from the truck and the scene be preserved.

Originally posted at InjuryBoard by Michael Phelan

Traps and Pitfalls in Representing Truck Accident Victims

Michael Phelan — Sat, 21 Nov 2009 10:37:19 GMT

Truck accident insurance investigation teams and defense lawyers are some of the most competent adversaries a plaintiff lawyer will encounter. The truck company investigators are often at the scene of the accident before the vehicles are removed from road. They know there is valuable information to be retrieved not only from the scene, but also from the vehicles. They are trained to remove the driver's logs from the truck cab and to download the data from the truck's electronic data systems. These systems include black boxes, GPS, satellite communications systems, and on-board computers. Obviously, much useful information about the truck driver's driving hours and statements about the cause of the accident, as well as the truck's speed, movements, and location may be gleened from the combination of the driver logs and the electronic data. For example, the GPS can show driver location during the course of the driver's trip. Combined with the driver logs, this information could establish that the driver exceeded legal driving hours, which leads to fatigue, sleepiness, and sometimes amphetamine use. The problem some lawyers do not appreciate is that most, if not all, of this data can be legally destroyed by the truck company six months after the accident. Attached is a December 2008 memo from the Federal Motor Carrier Safety Administration which outlines the requirment that truck companies maintain GPS data from truck accidents for six months. I downloaded this memo from an excellent blog by a prominent truck accident lawyer in Tennessee.

Over the years, I have been asked by other lawyers to assist with truck accident cases and have found that in many instances necessary evidence from the truck had not been preserved. Sometimes this is because the victim did not realize the importance of hiring a truck accident laywer right away. Other times it was because the lawyer did not realize that much of the important evidence could disappear six months after the accident. It is crucial to send a preservation letter to the trucking company and get a professional investigation team on the case as soon as possible.

Originally posted at InjuryBoard by Michael Phelan

Fredericksburg Tractor Trailer Crash Yields Jail Time for Truck Driver

Michael Phelan — Tue, 27 Oct 2009 10:23:53 GMT

On February 2, 2009, a tractor trailer truck loaded with 83,000 pounds of sand ran a red light on U.S. 17 and killed a Stafford, Va. woman. The truck driver told police he thought the light was green and that he never saw the victim's vehicle. However, police tested the truck and determined that it had no front left brakes and the right front brakes were not working.

The truck driver was convicted of involuntary manslaughter in connection with the tractor trailer truck crash. He was recently sentenced to five years in prison with all but three months suspended. During sentencing, the trucker's attorney admitted that he was driving with faulty brakes-the truck allegedly had 80% of its braking capacity-but argued that the faulty brakes had nothing to do with the crash.

The thought of an 18-wheeler loaded with 83,000 pounds and not having working front brakes is alarming, but not unusual. This is why in civil cases arising from such crashes it is crucial to get to work asap and preserve the evidence. The truck must be inspected before it is repaired. The Federal Motor Carrier Safety Administration (FMCSA) makes public various safety information about trucking companies. It would be interesting to know the identity of the trucking company that owned the truck involved in this Fredericksburg crash and check its safety record on the FMCSA Safety and Electronic Records database (SAFER). I doubt the lack of front brakes is the only safety violation one would discovery in SAFER.

Originally posted at InjuryBoard by Michael Phelan

If You Thought Texting While Driving Was Dangerous...

Michael Phelan — Mon, 28 Sep 2009 15:15:28 GMT

What could possibly be more dangerous than a teenager texting while driving? how about the driver of an 18 wheeler tractor trailer truck using a computer keyboard on his lap while driving. Hundreds of thousands of long-haul truckers use computers in their cabs to get directions and stay in close contact with dispatchers. Having these devices on-board makes sense. What makes no sense is the trucking industry's position that these devices should be expempted from legislation banning texting while driving.

The trucking industry says these devices can be used safely, posing less of a distraction than BlackBerrys, iPhones and similar gadgets, and therefore should be exempted from legislation that would ban texting while driving. “We think that’s overkill,” Clayton Boyce, spokesman for the American Trucking Associations, said of a federal bill that would force states to ban texting while driving if they want to keep receiving federal highway money. Really? Is it really too much to ask that these truckers pull into a rest stop or off to the side of the road to use their computers? Picture a long-haul trucker who is lost after 6 straight hours of driving. He's going 70 mph with one hand on the steering wheel, one hand on the computer keyboard placed on his lap, and his eyes focused on the computer screen and/or keyboard. That doesn't sound to me like less of a distraction than and iPhone. I would wager that the average, middle-aged truck driver is not nearly as adept at operating a keyboard as is a teenager. No one is arguing that teenagers should be allowed to text while driving.

As the New York Times reports today, some safety advocates and researchers say the on-board computers — which can include a small screen near the steering wheel and a keyboard on the dash or in the driver’s lap — present precisely the same risk as other devices. And the risk may be even greater, they note, given the size of 18-wheel tractor trailers and the longer time required for them to stop.

Some truckers say they feel pressure to use their computers even while driving in order to meet tight delivery schedules.

“We’re supposed to pull over, but nobody ever does,” said Kurt Long, 46, a veteran trucker based in Wagoner, Okla., who hauls flour, sugar and other dry goods.

“When you get that load,” he added, “you go and you go and you go until you get there.”

The trucking industry has invested heavily in technology to wire vehicles. Satellite systems mounted on trucks let companies track drivers, send new orders, distribute companywide messages and transmit training exercises. Drivers can also use them to send and receive e-mail and browse the Internet.

After videotaping truckers behind the wheel, the Virginia Tech Transportation Institute found that those who used on-board computers faced a 10 times greater risk of crashing, nearly crashing or wandering from their lane than truckers who did not use those devices. The study found that truckers using on-board computers take their eyes off the road for an average of four seconds, enough time at highway speeds to cover roughly the length of a football field.

Richard J. Hanowski, director of the Center for Truck and Bus Safety at the Virginia institute, said videotape monitoring of 200 truckers driving about three million miles showed many of them using the devices, even bypassing messages on the screen warning them not to use the devices while driving.

Originally posted at InjuryBoard by Michael Phelan

Motor Carrier Broker Liable for Negligent Hiring of Tractor Trailer Truck Driver

Michael Phelan — Wed, 18 Jun 2008 23:36:38 GMT

Virginia law recognizes a claim for the negligent hiring of an employee or an independent contractor. With respect to independent contractors, the Virginia Supreme Court recognized a rule of liability for negligent hiring of an incompetent independent contractor, adopting the principles set forth in the Restatement (Second) of Torts § 411 which recognizes a defendant's "liability for physical harm to third persons caused by his failure to exercise reasonable care to employ a competent and careful contractor...to do work which will involve a risk of physical harm unless it is skillfully and carefully done."

A U.S. District Judge in the United States District Court for the Western District of Virginia recently applied this principle in the context of the selection of a tractor trailer truck carrier by a freight broker or third party logistics company. In Jones v. C.H. Robinson Worldwide, Inc., a tractor trailer truck crashhttp://www.valawyersweekly.com/usdc-va-western-opinions/2008/06/12/008-3-216-jones-v-ch-robinson-worldwide-inc/ occurred when an inexperienced tractor trailer truck driver crossed the median and struck another tractor trailer truck head-on. The plaintiff driver sued the broker that hired the negligent driver's carrier under a theory that the broker was negligent in the hiring of the negligent driver's carrier. The court initially found that the operation of a tractor-trailer involves such a risk of physical harm contemplated in the Restatement, and, thus, that the plaintiff's claim for negligent hiring of an independent contractor was viable under the facts of the case.

The court noted that at the summary judgment stage, the defendant did not dispute that the negligent driver or her carrier were incompetent. A federal motor carrier can be rated by the FMCSA as satisfactory, conditional, or unsatisfactory. Worldwide knew that the negligent driver's carrier had received a "conditional" rating prior to assigning the "hot load" to the carrier in question. A hot load is one that must be delivered in a hurry. The FMCSA maintains a public website including safety information on all federal carriers. The subject carrier was in the bottom 3% in driver and vehicle safety evaluation areas. The court found that Worldwide had a duty to investigate the fitness of the carrier prior to hiring it to carry a "hot load" on the public highways, and, therefore, denied Worldwide's motion for summary judgment. On May 8, 2008, in a bifurcated trial, the jury returned a liability verdict against Worldwide.

Originally posted at InjuryBoard by Michael Phelan

Retroreflective tape: How Visible are Heavy Trailers at Night?

Michael Phelan — Mon, 26 May 2008 19:50:37 GMT

The term "heavy trailers" means trailers that are at least 80 inches wide and have Gross Vehicle Weight Rating over 10,000 pounds. I once handled a case in which a tractor trailer driver attempted a U-turn on a dark, country road, and stalled out while the empty trailer was across both lanes of travel. At night, the flat bed was virtually invisible, and, sure enough, my client ran right into the side of the trailer. Heavy trailers manufactured after December 1,1993 must be equipped with red-and-white retroreflective tape, sheeting and/or reflex reflectors around the sides and rear to make them more conspicuous. The tape is also called "conspicuity tape." The purpose of retroreflective tape is to increase the visibility of heavy trailers to other motorists, especially in the dark. At those times, the tape brightly reflects other motorists' headlights and warns them that they are closing on a heavy trailer. In the dark, without the tape, many trailers do not become visible to other road users until they are dangerously close. The alternating red-and-white pattern flags its bearer as a heavy trailer and at the same time helps other road users gauge their distance and rate of approach.

In 2001, the National Highway Transportation Safety Administration (NHTSA) evaluated the effectiveness of retroreflective tape in reducing side and rear crashes into heavy trailers. NHTSA recognized that in dark conditions, even a vigilant motorist might not see a trailer that has not been treated with conspicuity enhancements. NHTSA found that retroreflective tape is very effective in reducing side and rear crashes into heavy trailers in the dark. NHTSA predicted that, if all heavy trailers were retrofitted with conspicuity tape, 7,800 crashes per year would be prevented, 191 to 350 lives per year would be saved, and 3,100 to 5,000 injuries per year would be prevented.

What does this mean for investigating tractor trailer accidents? Importantly, retroreflective tape is not very effective if it is dirty. Thus, it is important to know whether the tape was clean and reflective or dirty and inconspicuous. Secondly, figure out the age of the trailer and whether it had retroreflective tape when first sold. If so, how old is the tape? Is it the original, old, peeling tape, or has it been replaced as it wore out? If the trailer was manufactured prior to December 1, 1993, check to see if it was retrofitted with retroreflective tape, sheets, or reflectors down each side and on the back of the trailer. These trailers should light up like a Christmas tree at night. If they do not, they are not in compliance with industry standards.

Originally posted at InjuryBoard by Michael Phelan

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