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Cell Phone Use While Driving Tractor Trailers Banned

Michael Roberts — Mon, 28 Nov 2011 16:05:12 GMT

Half a million injuries and nearly 5500 deaths were attributed to accidents involving distracted driving in 2009.

In a giant step toward safety, a final rule was announced restricting the use of hand-held cell phones by drivers of commercial motor vehicles (CMVs). The rule – which can affect as many as four million commercial drivers - is the latest effort by the DOT to put an end to distracted driving.

A serious problem described in simple terms: “Distracted driving refers to any non-driving activity a person engages in that has the potential to distract him/her from paying attention to the road." It includes things such as using a cell phone to talk or text, to using a navigation system and more.

"I hope this rule will save lives by helping commercial drivers stay laser-focused on safety at all times while behind the wheel," said Transportation Secretary Ray LaHood.

Final Rule Overview

The final rule bars commercial drivers from using hand-held devices while operating a commercial truck or bus.

Each offense can cost the violator up to $2,750; while multiple offenses can result in disqualification from operating a commercial vehicle.

After two or more serious violations, states can move to suspend the CDL license of the driver.

A hefty penalty up to $11,000 can be charged to companies that permit drivers to use hand-held phones while behind the wheel.

The final hand-held cell phone ban rule can be read here.

Research conducted by FMCSA shows that the use of a hand-held cell phone while operating a commercial vehicle involves several risky actions on behalf of the driver. In fact, a commercial driver reaching for a cell phone, or other item, is three times as likely to be involved in a crash; it is six times more likely for a commercial driver to be involved in an accident while dialing a cell phone.

FMCSA issued a ban on text messaging while operating a commercial truck or bus in September 2010.

Originally posted at InjuryBoard by Michael Roberts

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

US DOT Bans Cell Phone Use By Truckers and Bus Drivers

Brett Emison — Tue, 29 Nov 2011 11:18:00 GMT

From the US Department of Transportation: "U.S. Transportation Secretary Ray LaHood today announced a final rule specifically prohibiting interstate truck and bus drivers from using handheld cell phones while operating their vehicles. The joint rule from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) is the latest action by the U.S. Department of Transportation to end distracted driving."

This new rule prohibits semi truck drivers from using cell phones while driving and violators will face a federal fine of up to $2,750 for each offense and disqualification from operating a commercial vehicle after multiple violations.

"When drivers of large trucks, buses and hazardous materials take their eyes off the road for even a few seconds, the outcome can be deadly," said Transportation Secretary Ray LaHood. "I hope that this rule will save lives by helping commercial drivers stay laser-focused at all times while behind the wheel."

This new rule banning cell phone use follows a 2010 regulation banning text messaging while operating a commercial truck or bus.

Distracted driving has become an endemic problem, with distracted driving crashes including a semi-truck / train collision, collisions with highway construction workers, multi-car pile-ups, bus drivers reading while driving passengers, and even a tractor trailer driver watching porn while driving.

Texting and using a cell phone while driving account for more than 25% of auto crashes. In fact, distracted driving can be as dangerous and as deadly as driving drunk:

Drivers are twice as likely to cause a crash if texting than if drinking - Drunk driving increases the likelihood of a causing a car crash by 4 times while texting and driving increases the risk by 8 times
Texting drivers need 6 times as much stopping distances to stop than a drunk driver - drunk drivers travel 4 additional feet before stopping while a texting driver travels 25 more feet before stopping
Texting drivers typically gaze at their mobile device for 5 seconds - enough time to travel 29 car lengths at interstate speeds

A distracted semi truck driver is 23 times more likely to cause a crash or close call.

I applaud Secretary LaHood for bringing attention to the growing problem of distracted driving and hope the DOT is serious about enforcing this new regulation. Driving an 80,000 tractor trailer covering hundreds of thousands of miles is an awesome responsibility. Truckers and trucking corporations must keep safety first.

[More on Distracted Driving]

U.S. Transportation Secretary LaHood Announces Final Rule That Bans Hand-Held Cell Phone Use by Drivers of Buses and Large Trucks [U.S. DOT press release]

Follow @BrettEmison on Twitter.

Originally posted at InjuryBoard by Brett Emison

New Pennsylvania Law – Truck Drivers Must Provide Medical Certificate

Scott Cooper — Tue, 31 Jan 2012 07:23:31 GMT

The next time a tractor trailer accident causes a car wreck, injuries, or possible death in Harrisburg, Central Pennsylvania and around the Commonwealth, there is a new area for you or your attorney to investigate the background of the driver. This involves compliance with a new state law and new federal regulations.

House Bill 1458 was recently signed into law by Pennsylvania Governor Corbett. This new law brings Pennsylvania into compliance with new rules from the Federal Motor Carrier Safety Administration (FMCSA) concerning commercial drivers. The FMCSA amended the federal regulations and requires holders of Commercial Driver’s Licenses (CDL) to provide a current copy of their Medical Examiner’s Certificate to their state driver licensing agency, if their type of commercial driving requires a physical exam.

The FMCSA recently amended regulations to require CDL holders or applicants to self-certify the type of driving they do, or expect to do, with their state’s licensing agency. Current CDL permit holders, out-of-state CDL transferees and people seeking a CDL on or after Jan. 30 will be required to meet the provisions of the new law when testing, applying for a permit or transferring a CDL from another state. Their driving record will be updated to indicate that they have met the requirements.

PennDOT will begin notifying existing CDL holders of the new requirements by mail in March.

Information on the new law and certification forms can be found by clicking on “New CDL Law” at www.dmv.state.pa.us

For more on the new law go to the Shamokin News Item website at the follwing link:

http://newsitem.com/news/cdl-drivers-must-provide-copy-of-medical-certificate-1.1264775#axzz1l2MEfUFk

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer

Originally posted at InjuryBoard by Scott Cooper

Tractor Trailer Crash North Of Harrisburg Causes Injuries - Why We Need Regulation

Scott Cooper — Wed, 01 Feb 2012 07:39:17 GMT

As a follow up to yesterday’s posting on a new Pennsylvania law relating to commercial drivers and medical certificates, two people were injured on January 31, 2012 when a tractor-trailer ran into the back of a pickup truck along Route 61 in Saint Clair, near Pottsville, north of Harrisburg in Central Pennsylvania.

According to reports and police, the crash occurred at about 6:50 a.m. when a tractor-trailer driven by Randall Speilman was traveling south on Route 61 rear ended a Ford Ranger driven by Robert J. Beaver who was stopped for a red light. After hitting the pickup truck it appears the rig continued south on Route 61, crossed over the median and struck a Jeep Grand Cherokee driven by Melvin C. Fishburn and a Chevrolet Impala driven by Jeffrey Mandel who were both stopped in the northbound lanes of Route 61.

Fortunately, no one was killed but two people were reportedly transported to the hospital with non-life threatening injuries. If you have any information about the accident please contact the police in St. Clair.

For more on the accident go to the Pottsville Republican Herald at the following link:

http://republicanherald.com/news/4-vehicle-crash-snarls-traffic-in-saint-clair-1.1265685

Do you think that the Commonwealth was wrong to increase regulations to improve safety for drivers of commercial vehicles?

Scott B. Cooper
Schmidt Kramer PC
209 State Street
Harrisburg, PA 17101
(717) 232-6300 – Telephone
(717) 232-6467 – Facsimile
scooper@schmidtkramer.com
Facebook.com/SchmidtKramer

Originally posted at InjuryBoard by Scott Cooper

Tulsa Trucking Company (Arrow Trucking) Legal Woes Continue

Jeremy Thurman — Tue, 05 Jan 2010 10:56:23 GMT

Arrow Trucking, formerly based in Tulsa Oklahoma, gave its employees a nice Christmas surprise on December 22, 2009 when it inexplicitly shut down operations sending local employees home and stranding truckers across the country. According to safersys.org, which is a database compiled by the Federal Motor Carrier Safety Administration, Arrow Trucking had at least 1,362 power units and 1,390 drivers in their employ.

According to the Tulsa World, Arrow Trucking and its executives are facing continued legal and financial troubles given the way the company was shut down and other seemingly shady ordeals. As it currently stands, an arrest warrant has been issued by a Cleveland County District Judge to Arrow’s Chairwoman Carol Pielsticker and her son, Doug Pielsticker, the company's former CEO. According to the article, the warrants stems from their failure to appear at a hearing on assets that stems from a

lawsuit alleges that an intoxicated Arrow driver caused an accident that resulted in the death of another driver in June 2006 on Interstate 35, records show.

The defendants in the case include Arrow Trucking and Astraea Risk Retention Group, an insurer owned by Arrow Trucking and its subsidiaries, which include Arrow Truck Leasing Co. and Arrow Truck Real Estate Co. The companies are organized under Piel Corp., a holding company, court records show.

The plaintiffs' representative won a $50,000 judgment against Arrow Trucking and Astraea on Oct. 30 after the companies failed to make installment payments in a previously agreed settlement.

The judgment represents the balance of the amount in the settlement agreement, the attorney for the plaintiffs said.

Couple that with news in the article that the company failed to pay withholding taxes and sales taxes and you have further trouble for the beleaguered company and their executives. Apparently the Oklahoma Tax Commission filed a $345,571 lien against Arrow on Dec. 31 with the Tulsa County Clerk's Office.

The time period for the alleged failure to submit taxes withheld from employees' salaries is Dec. 1, 2008, through Sept. 30, 2009, or about 10 months. The amount being sought includes about $50,000 in penalties and interest.

Lost in this legal and financial morass is the devastating effect this is having on company employees including truck drivers. I recognize that we at times focus on safety issues of the trucking industry and examples are often given of truck drivers doing unexplainable things which ultimately cause grievous harm and/or death on innocent motorists. However, as there are good and bad in every industry, I’m sure there are many quality truck drivers whose Christmas and lives have been devastated by the company’s actions. According to the article, Arrow left many of its truckers stranded throughout the country with no avenue back to their homes. Now these same drivers are trying to find employment elsewhere but cannot as Arrow is not providing the necessary information allowing other trucking companies to appropriately vet these drivers under Federal Guidelines.

Once again, Arrow seems to be a classic example of how greed and a lack of caring for people in general by a select few can devastate thousands of lives.

Originally posted at InjuryBoard by Jeremy Thurman

UPDATE: Semi Truck Driver Never Hit Brakes Before Crash Killing 3 Year Old Boy

Brett Emison — Tue, 29 Dec 2009 11:54:44 GMT

I reported yesterday about a tragic semi truck crash in Georgia that killed a three-year-old boy from Ross Township, Pennsylvania. Sean Thornton died and the remaining members of his family were severely injured when a tractor trailer hit their minivan from behind on I-95 in McIntosh County, Georgia.

ABC News affiliate, WTAE, in Pittsburgh has reported that the tractor trailer driver never even hit his brakes before plowing into the back of the minivan.

You can view the WTAE news story here.

Witnesses say the never saw the tractor trailer truck even slow down before it plowed into the family's van, perhaps going 70 miles per hour.

Other news outlets also covered this tragic eighteen wheeler crash.

You can view the KDKA news coverage here.

You can view the WPXI news coverage here.

Georgia State Patrol troopers say the semi truck was speeding at the time of the crash.

Our thoughts and prayers continue to go out to the Thornton family, who must not only suffer their own injuries, but also the loss of their little boy, Sean.

Friends and neighbors mourned Sean's loss also. Many described the Thornton family as a close-knit family who like doing many activities together. I cannot imagine their loss.

So far, the details of this tragic crash leaves many questions unanswered: Why did the semi truck driver, Willie Hill, not see that the interstate traffic was slowing down? Why did the trucker never even attempt to slow down or hit his brakes? Was he distracted? Was he tired? Had he fallen asleep? How far had he driven that day? How much did he sleep the night before?

Too many people have been killed by semi truck crashes and trucking accidents.

Nationwide, large trucks (known as tractor trailers, semi trucks, eighteen wheelers, diesel, big rigs, or commercial trucks) make up only about 3% of the vehicles on the road. However, they account for far more traffic fatalities. For example, in Missouri, semi truck crashes make up as much as 15% of traffic deaths. In Illinois, tractor trailer crashes cause more than 10% of traffic deaths.

Driving an 80,000 tractor trailer covering hundreds of thousands of miles is an awesome responsibility. Truckers and trucking corporations must be vigilant about safety.

It may be difficult to pinpoint the cause of a semi truck crash. It takes an experienced team of investigators - including accident reconstructionists, forensic pathologists, and truck driving experts - to determine the cause.

Visit our trucking accident web site to learn more about trucking accident safety or trucking accident investigation.

Learn more and become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

Distracted Truck Driver Rear Ends School Bus, Sending 14 Children To Area Hospitals

David Lowe — Sat, 24 May 2008 09:23:09 GMT

A semi collided with a school bus unloading children on Highway 50 in Kenosha County on Friday afternoon, May 23, 2008, sending at least 14 children and two adults to hospitals, with four of the children suffering serious injuries, and the truck driver listed in critical condition. The 14 children on the bus were from Wheatland Center School.

It seems that the semi never braked before the accident, and Kenosha County Sheriff David Beth was quoted as saying that the semi driver may have been distracted by drinking a can of soda as the semi approached a mild rise in the highway grade at the accident location.

A photo of the accident scene depicts a trailer with a Wisconsin Logistics, Inc. logo.

Until the investigation is concluded, it is unclear whether the driver’s drinking from his beverage can caused his distraction, but there had to have been something distracting him if the semi never braked. People do a lot of stupid stuff people do while driving. I handled a case a couple years ago where a driver was using a spoon to eat a bowl of cereal with milk and pulled out from a stop sign into the path of a motorcycllist, who sustained serious injuries. Cell phone use continues to distract drivers. iPods with earphones are another problem, depriving drivers of one the senses that keep them aware of their surroundings. School bus accidents draw attention to these issues. I expect that this one will prompt a serious look at truck driver education and policies and procedures to forbid truck drivers from engaging in distracting activities.

Originally posted at InjuryBoard by David Lowe

Trucking Companies & the Government: Are They Keeping Roads Safe?

David Bernstein — Fri, 08 Oct 2010 17:17:09 GMT

On June 26, 2009, there was a catastrophic collision on Will Rogers Turnpike in Oklahoma when an 18 wheeler driven by a 76 year old driver who was fatigued rear-ended at 70 mph several cars, killing 10 people and seriously injuring another. The trucking company allowed the 76 year old driver, who had been off work for 3 weeks for medical issues with his heart, to drive a full shift on his first day back to work. The driver started his shift at 3:00 am, and the collision took place at 1:16 pm with the cruise control still set at 70 mph.

A jury was about to be selected for a jury trial this week in Oklahoma when the case settled for over $62,000,000.00. Although liability was admitted, punitive damages was still an issue based on the Plaintiffs' allegation that the trucking company should never have allowed a 76 year old driver who had been off for 3 weeks for medical issues with his heart be allowed to drive a full shift on his first day back to work.

After this horrible collision took place, the National Transportation Safety Board (NTSB) did an investigation and had made many "recommendations" to make our roads safer, including:

1. requiring all motor carriers to adopt a fatigue management program,

2. requiring all heavy commercial vehicles to be equipped with video event recorders, and

3. requiring the use of data recorders on large trucks.

In addition, as a result of its investigation of the Oklahoma crash, the NTSB also felt the need to reiterate several previously issued recommendations.

NTSB board members clearly were frustrated over what appears to be a lack of response from other federal agencies. NTSB Chairman Deborah A.P. Hersman said the Oklahoma crash points out the need for important actions by federal regulators that "would go a long way to reducing this type of accident on our roadways... As we discussed today, if we are serious about improving safety, we have to be proactive. This means doing what we can to prevent the accident." Unfortunately, Hersman said, many of the recommendations from the NTSB are not new. "It's time to stop discussing them and make them a reality," she said.

Even without actions by federal regulators to make the roads safer, the attorney for the trucking company advised the jury (before it was announced that the case settled for over $62,000,000.00) that the trucking company has re-examined its driver training and safety programs. "The message from what happened in this is loud and clear... I am aware that (the trucking company has) made changes. We are paying closer attention to fatigue when it comes to driving."

Since 18 wheelers can easily weigh 40 tons, it is critical that truck drivers not be fatigued while driving, or else catastrophes like what happened in Oklahoma could happen anywhere. If trucking companies refuse to be sure their drivers are clear-headed and not fatigued, large settlements like this perhaps will send a message to have better policies in place to keep our roads safe, regardless if the NTSB ever makes "suggestions" into reality.

Originally posted at InjuryBoard by David Bernstein

New Castle Truck Driver Killed in Accident

Chrissie Cole — Mon, 05 May 2008 12:53:00 GMT

A New Castle truck driver died Friday after losing control of his tractor trailer in a trucking accident on Interstate 74 in Decatur County.

The driver, 54, died after losing control of his truck and flatbed trailer, according to Indiana State Police. He was traveling east on I-74 near the 143 mile marker, about nine miles east of Greensburg.

The truck went off the right side of the roadway and police say he overcorrected. His truck crossed the eastbound lanes, crashed into the median, jackknifed and overturned. He was trapped in the wreckage and eventually pronounced dead at the scene by the Decatur County coroner’s office.

A second crash occurred shortly after the first when a tractor-trailer hit debris from the first truck accident. No injuries were reported in that accident.

Originally posted at InjuryBoard by Chrissie Cole