Alabama Personal Injury Blog - Tractor-Trailer Accidents

Why are Medical Bills so High?

Jon Lewis — Sat, 05 Dec 2009 13:49:34 GMT

Did you know that hospitals and physicians rarely ever receive the amount they charge for their services? Health insurance companies do not pay the actual bills invoiced by medical professionals. Why is that?

We had a client who was injured in a truck collision. His injuries were serious enough to warrant several nights in the hospital and a couple of surgeries. What were his medical bills? Approximately $72,000.00. What did the hospital and physicians get paid? $11,714.01, approximately 16% of the amount billed.

If you had a retail store, would you accept 16% of your prices? Why do hospitals and doctors? Are they over-charging, or are they getting paid too little?

What if you don't have health insurance? What happens then? Well, I can tell you that I handled collections for a hospital about 13 years ago, and if patients came in for emergency treatment and didn't have insurance, we sued them for the full amount, not 16%. Why do private pay individuals have to pay the full amount? I understand why health insurers receive a discount, but an eighty-four percent (84%) discount? What if Bill Gates doesn't want to get health insurance? He can pay any amount billed so why doesn't he receive the same discount as a company like BlueCross?

Is this a form of fraud or misrepresentation? In Alabama, BlueCross BlueShield has such a monopoly on health insurance that they dictate to hospitals and physicians what they can charge for their services. Many doctors speak poorly of BlueCross BlueShield as a result of their influence. Some won't even accept their rates as a result. Should the health insurance companies be setting the rates for medical treatment? Is that capitalism?

I don't have the answers to all these questions, but I think they need to be discussed, especially in light of healthcare reform. What are your thoughts?

Originally posted at InjuryBoard by Jon Lewis

Interstate Trucking Driver Qualification Records

Michael Roberts — Tue, 06 Oct 2009 15:39:56 GMT

Interstate trucking companies (federal motor carriers) are required under federal regulations to maintain and preserve certain records about their drivers. The purpose of these regulations is to place specific obligations on the part of these companies to make sure that only qualified, competent drivers are safely operating these commercial motor vehicles in interstate transportation. 49 C.F.R. § 391.51 requires that these companies maintain in their “driver qualification files” the driver’s application for employment; the response by each state agency about inquiries into the driver’s driving record during the 3 years before the application for employment; certificate of the driver’s road test; responses from state’s agencies from each state where the driver held a CDL in the previous 12 months; a note naming the person who reviewed, on the company’s behalf, the driving record; lists of all traffic violations for which the driver was convicted, or forfeited bond through the previous 12 months; the medical examiner’s certificate for the driver; and any letter of a waiver of physical qualification.

In addition to these requirements, a motor carrier must review the driving record of each driver it employs on an annual basis to make sure the driver meets minimum requirements for safe driving and is not disqualified pursuant to the regulations.

Obviously if a company, whose driver has injured another person, violates the law and fails to keep these records, this can be very important in lawsuits involving interstate trucking companies.

Originally posted at InjuryBoard by Michael Roberts

Alabama Truck Accidents - New Law

Jon Lewis — Fri, 27 Mar 2009 18:57:23 GMT

Alabama has finally passed a law to protect the public and State highways from future steel coil incidents. According to the Birmingham News, T. J. Willings, of the Alabama Trucking Association, called this "the toughest load securement legislation in the nation." Steel coil haulers have 60 days to be trained and certified in properly securing steel coils. Representatives from U.S. Steel, Nucor, and O'Neal Steel were on hand to see Governor Riley sign the bill into law.

The Alabama Department of Public Safety is responsible for certifying the drivers. The penalties for companies who have improperly secured loads has been increased. Companies can be fined up to $10,000, and drivers can be fined up to $1,000 and one year in jail. Certification is available online.

Alabama is now imposing the same rules on securing these types of loads as the Federal Motor Carrier Safety Regulations. This is a no brainer. Why not make the state laws as stiff as the Federal law? There have been too many incidents without injury. The next one could result in death. We should applaud the legislators and Governor for coming together to enact this safety measure.

Originally posted at InjuryBoard by Jon Lewis

Coming face to face with the economic crisis.....

Troy Schwant — Sun, 15 Mar 2009 00:26:07 GMT

When some people are asked how the economy is affecting them, most people talk about retirement accounts, and the lack of available jobs in their respective fields. Well this past week I came face to face with the economic crisis and how it can have a more direct impact on someone's life.

I was traveling through the state of Alabama this past week and while at a truck stop, I overheard a conversation between a truck driver and a friend of his where the truck driver was explaining how much he was working and how he was working "overtime", and that even though he had already met the maximum number of hours he could drive that week, he was pushing through to get to his destination.

I completely understand the desire of the truck driver to provide for his family, but that desire is weighed against the potential damage he can cause in his 18 wheeler as a result of him being too tired. I think it is in the best interest of all drivers to take extra precautions while traveling, because you never know how much certain truck drivers have been working when you attempt to pass them on the road.

Originally posted at InjuryBoard by Troy Schwant

Steel Coils and Truck Accidents in Alabama

Jon Lewis — Thu, 12 Mar 2009 15:40:26 GMT

The Alabama legislature has finally come together to pass a bill with respect to steel coil loads. There have been numerous incidents where large trucks have lost their steel coil rolls on state highways. In fact, according to a Birmingham News article, the cost of repairs to state roadways are estimated to be $7.5 million. Fortunately, there have been no deaths reported as a result of the approximately 30 coils which have not been properly secured since 1987. That, in and of itself, is an amazing statistic.

Each of these coils can weigh as much as 46,000 pounds, and they can cause significant damage to persons and property. State Representative Paul DeMarco and State Senator Jabo Waggoner introduced the legislation. Both determined that trucking companies were not following Federal DOT Regulations which led to the loss of the loads.

But, coils are not the only problem in Alabama. How many times have you been next to an 18-wheeler on the interestate? Who hasn't had a bad experience with a big rig? WE WANT TO KNOW. Tell us your big rig experience whether it was a near miss, a wreck, or a friend or family member. Give us details. You can describe your experience in the comments to this blog.

Originally posted at InjuryBoard by Jon Lewis

How a poor economy can affect people not just in the pocketbook....

Troy Schwant — Tue, 30 Dec 2008 18:58:32 GMT

As everyone knows and has felt, the current economy is effecting how people shop, eat, and live their day to day life. Some people think it is only the middle and lower class that are cutting costs, and trying to save every penny, well those people are wrong.

Every week we hear about a new company that is closing up shop or is asking for financial assistance from the government, and the companies that are still open for business are doing everything they can to make sure the doors stay open, and sometimes that the person who gets hurt is the innocent bystander.

A great example of how the failing economy can have an indirect impact on someone was illustrated to me, just last week when I was at a local shopping center that used to have a local security guard that would patrol the parking lot. As of three weeks ago, the security guard is gone, and with it I believe you will see increased break ins, and possibly an increase of assaults or robberies in that same parking lot.

In fact in Europe, advisories are already being put forth, RoSPA (Royal Society for the Prevention of Accidents) has recently issued a press release specifically addressing the need for companies not to cut back on safety during tough economic times:

http://www.rospa.com/news/releases/2008/pr633_20_10_08_occupational.htm

In the US, the trucking industry has already started a campaign to show that they are complying with all safety regulation, because they know that it is their drivers that are the ones the most affected by the economic crunch are perfect targets to ignore the "Hours of Service", put forth by the Federal Motor Carrier Safety Administration.

http://www.truckline.com/Newsroom/PressReleases/Pages/Anti-TruckGroupsIgnoreSafetyRecordofNewHOSRules.aspx

I believe in the coming months and unfortunately years, you will see an increase in work related accidents and motor vehicular accident involving 18-wheelers, due to companies cutting costs, and specifically cutting costs in regards to safety.

Originally posted at InjuryBoard by Troy Schwant

7 People die in firey crash

Gibson Vance — Fri, 10 Oct 2008 17:16:48 GMT

Recently in Montgomery County, Ala., a fiery head-on collision between an 18-wheeler
and 16-passenger van killed one Alabama Department of Corrections employee and six
applicants for prison jobs. The accident happened in a rural area near Union Springs, Ala.
A report on FoxNews.comquoted Montgomery Mayor Bobby Bright, who went to the
scene, as saying, “The crash was horrendous enough, but the fire added to the tragedy.”
All seven people killed were between the ages of 18 and 45. State Trooper John Reese
told the news agency, “It was a very high-impact crash.”

According to a progress report released Dec. 31, 2007 by the Federal Motor Carrier
Safety Administration, in 2006 there were 4,995 people killed in accidents involving
large trucks and 106,000 injured. Crashes involving large trucks, like 18-wheelers, and
smaller vehicles are usually a catastrophic event because of the weight difference and, of
course, speed is also a factor. A fully loaded 18-wheeler can weigh up to 80,000 lbs. The
average 16-passenger van weighs between 4,500-6,000 lbs. The average car weighs about
3,000 lbs.

The trucking industry plays a vital role in transporting important commodities like
construction supplies, machinery, food and other consumer goods to local markets. It also
has the huge responsibility of making sure that its drivers are operating under optimum
conditions and that their trucks are properly maintained. Given a commercial freight
vehicle’s weight and size, passengers in smaller vehicles stand just about no chance of
survival in a collision.

Originally posted at InjuryBoard by Gibson Vance

Trucking Regulations - Part V - Inspections, Repair, and Maintenance

Jon Lewis — Mon, 28 Jul 2008 09:05:00 GMT

Driver's and companies are responsible for inspecting their trucks, keeping their trucks in good repair, and maintaining their trucks. Oftentimes, drivers are so busy trying to get on the road or get to where they are going that they either neglect to fulfill this duty, or they simply forget. Sometimes such neglect can be disastrous.

How? Well, what if the driver does not inspect the brakes or tires? What if the brakes or tires fail? Can you imagine what happens when an 80,000 pound vehicle is out of control? Typically, death and destruction.

So, what are the responsibilities of the driver and company? Part 396 of the Federal Motor Carrier Safety Regulations governs this area. Every company must require its drivers to prepare a report, in writing, at the completion of each day's work on each vehicle operated on that day. The report must cover the following:

• Service brakes including trailer brake connections
• Parking (hand) brake
• Steering mechanism
• Lighting devices and reflectors
• Tires
• Horn
• Windshield Wipers
• Rear vision mirrors
• Coupling devices
• Wheels and rims
• Emergency equipment

These records must be kept where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier's control.

Originally posted at InjuryBoard by Jon Lewis

Another Steel Coil

Jon Lewis — Fri, 20 Jun 2008 18:34:18 GMT

It has happened once again. Another runaway steel coil. Amazingly, no one was injured.

Yesterday, the trailer bed of an 18-wheeler collapsed, and as a result, a 46,000 pound steel coil rolled approximately 400 feet down Interstate 65 in Birmingham, Alabama. According to the Birmingham News Article, the trucking company, BAC Transport LLC of Sparks, GA, has a history of problems. In the last two years, the DOT has put four of their six trucks out of service for failing the inspections.

According to Birmingham police officer James Lyons, the driver and trucking company will be cited for failing to abide by load regulations and maintenance violations among other citations. Thirteen similar steel coil incidents have occurred in Birmingham since 2002. Paul DeMarco has attempted to push through legislation to impose more severe penalties for such violations.

This incident shows the dangers of these tractor trailers, and it highlights the importance of the Federal Motor Carrier Safety Regulations. Fortunately, no one was injured in this incident. A 46,000 pound steel coil could obviously kill and injure more than one person. When you see these trucks, move past them quickly or keep a safe distance. You must understand the dangers of these types of loads. When the coil comes off, it will be a surprise, and you will have very little time to react and get out of the way.

Originally posted at InjuryBoard by Jon Lewis

Trucking Regulations - Part IV - Driving of Commercial Motor Vehicles

Jon Lewis — Mon, 16 Jun 2008 21:49:24 GMT

Section 392 of the Code of Federal Regulations governs the driving of commercial motor vehicles. It has many sections on various topics. Some of those sections include: ill or fatigued operator; schedules to conform with speed limits; equipment inspection and use; safe loading; hazardous conditions, extreme caution; and radar detectors. Below are the rules regarding these topics:

Ill or Fatigued Operator - if the driver of a tractor trailer is not alert or if his ability to operate the truck is impaired because he's tired or ill, the driver should not drive the truck, and his company should not allow him to drive the truck.

Schedules should Conform to Speed Limits - When scheduling trips, the time for completing the trip should not require the driver to exceed the speed limit in any State or City.

Equipment Inspection and Use - the driver of a truck must be satisfied that the following parts are in order: brakes, steering, lights (brake lights, headlights, and turn signals), tires, horn, windshield wipers, mirrors, and coupling devices.

Safe Loading - the cargo must be properly distributed and secured, and it is the driver's responsibility to make sure that it is so. That means that the tailgate, tailboard, doors, tarpaulins, spare tire and other equipment must be secure, and nothing can obscure the driver's vision. The driver must inspect this equipment within the first fifty miles of beginning a trip and make sure the cargo does not shift. The driver must reexamine the equipment periodically AND such reexamination MUST be made when the driver has a change in duty status, OR after the truck has been driven for 3 hours, OR after the truck has been driven 150 miles, whichever occurs first.

Hazardous Conditions, Extreme Caution - A driver must use extreme caution in the following conditions: snow, ice, sleet, fog, mist, rain, dust, or smoke. The driver should reduce speed, and when necessary, pull over and stop until the conditions pass or improve.

Radar Detectors - No driver shall use a radar detector in his truck nor shall his company allow the use of a radar detector.

These are just a few of the regulations under Section 392, and this is not an exhaustive list. But, these few regulations show how extensive the rules are with respect to tractor trailer driving in order to keep the public safe.

Originally posted at InjuryBoard by Jon Lewis