Injuryboard Commentary - Tractor-Trailer Accidents

Albemarle County Virginia UPS Truck Crash Injures Four

Emily Mapp Brannon — Tue, 08 Dec 2009 23:20:00 GMT

A two-vehicle crash took place on Richmond Road in Albemarle County, Virginia which involved a Toyota Camry and a tractor-trailer truck. According to investigators, a 1992 Toyota Camry driven by an 18 year old girl was travelling east on Richmond Road and turned left onto eastbound I-64 in front of the truck. The Ford tractor-trailer owned by United Parcel Service which was driven by Earl Wray crashed directly into the Camry. This particular intersection has a traffic signal.

All four occupants of the Toyota Camry including Logan were transported to UVA Hospital and were treated for the injuries they sustained. It was reported that the UPS driver was not injured. The Camry was completely totalled, while the tractor trailer sustained an estimated $30,000 worth of damage. Although the young lady was at fault for failing to yield the right of way, the passengers in the car where at the total mercy of the driver and were injured through no fault of their own.

Drivers are expected to follow all rules that govern traffic and not taking heed of traffic signals will surely not end well for the driver and the unwilling victims known as the passengers. Although riding along with a friend seems perfectly normal, it is important to pay attention to the driver’s physical and emotional state of mind, especially prevalent with younger and less experienced drivers.

About the Editors: Shapiro, Cooper, Lewis & Appleton personal injury law firm (VA-NC law offices ) edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono service to consumers.

Originally posted at InjuryBoard by Emily Mapp Brannon

Two Killed In Accident When Semi-Truck Fuel Tank Explodes

Brett Emison — Mon, 07 Dec 2009 10:18:50 GMT

NBC affiliate KJRH has reported that the driver and passenger of a tractor trailer were killed in an accident on I-44 near Tulsa when the fuel tank of the semi ruptured and exploded.

A semi erupted into flames on I-44 and 33rd W. Avenue Sunday morning. The driver and passenger of the semi died at the scene.

Gornwiga Nation lives near I-44 and 33rd W. Avenue in west Tulsa and caught the fiery accident on tape.

She describes the scene as a giant fire ball.

"You can see from the video my hand was shaking," said Nation

***

"We were hoping to help somebody, but the fire, it was just scary," said Hudson. "It was like the most scariest thing I've ever seen in my life."

Our thoughts and prayers go out to the family, friends and communites of those killed in this tragic event. Saddly, I suspect these deaths did not need to occur.

Car and truck manufacturers have recognized for years that vehicle occupants should be be killed by a vehicle fire if they survive the initial collision. The same is true for semi trucks.

Unfortunately, manufacturers often cut corners when designing and developing fuel systems. In tractor trailers, the onboard fuel -- diesel fuel -- is not nearly as volatile as ordinary gasoline. In fact, you can put out a match, by dunking it diesel fuel. Doing the same thing with gasoline would cause a violent explosion.

Many semi truck manufacturers place the fuel tanks in unguarded locations -- outside of the frame rails and exposed where minor collisions can rupter the tanks. More troubling, many semi truck manufacturers place cans of ether or other accelerants only inches from the unprotected fuel tanks. If both the ether can and fuel tank are ruptured, there is a high probability of explosion and massive fire.

It's time to hold these manufacturers accountable for such dangerous designs. You can learn more about fuel fed accidents and causes at our web site or at this recent blog post.

Become a fan of Langdon & Emison on Facebook.

Originally posted at InjuryBoard by Brett Emison

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

Lucky to be alive, train vs semi-truck

Steve Lombardi — Sat, 05 Dec 2009 09:01:05 GMT

A truck driver turned too tightly causing the wheels to get stuck in a culvert. Unfortunately, the truck ended up on the railroad tracks right in front of an oncoming train. The Nebraska State Patrol investigated and reported that the 63-year-old didn’t die but suffered injury including a broken leg. The man’s family informed the Ottumwa Courier his injuries were more extensive and included broken ribs and fractures to his vertebra.

In the train profession they are known as “near misses”.

http://www.youtube.com/watch?v=sc7XmX1ak2A

CRST is an Iowa company that hauls steel or so says its name. Here is a not-so-near-miss where one of their trucks gets clobbered by an oncoming train.

http://www.youtube.com/watch?v=MBcHr_hhDU8

Originally posted at InjuryBoard by Steve Lombardi

Mother, 3 Children Hurt When Semi Truck Runs Stop Sign In Spaulding County, Georgia

Brett Emison — Fri, 04 Dec 2009 10:57:27 GMT

The Atlanta Journal-Constitution and WSB TV have reported that a Hampton, Georgia mother and her three children were seriously injured when they were struck by a tractor trailer that had run a stop sign.

A mother and her three kids were transported to area hospitals after being involved in an accident with a tractor-trailer in Spalding Thursday afternoon.

The incident occurred around 2:35 Thursday afternoon at the intersection of High Falls Road and North McDonough Road.

Cindy Lynn Fain, 38, of Hampton, was driving her Dodge minivan west on High Falls Road when Solomon Debela, 37, of Tucker, ran a stop sign and slammed into the passenger side of the van. Debela was traveling south on North McDonough.

Fain and her three kids, Landon Todd, 2; Jason Todd, 4 and Josieanna Arriaga, 5, were injured seriously in the crash, said Lt. Paul Cosper, Georgia State Patrol spokesman.

The children were airlifted to Children’s Healthcare of Atlanta at Egleston. Fain was transported to Spalding Regional Medical Center. Their conditions were unknown by Cosper and would not be released by hospital officials.

The accident is still under investigation, said Cosper. Debela has been charged with failure to stop at a stop sign, failure to obey a traffic control device and charged for driving a truck on a no-thru truck road.

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.

The National Transportation Safety Board ("NTSB") lists the following as some of the most common causes of big rig accidents:

Poor Driver Training

Driver Fatigue (Tiredness)

Speeding

Overloaded Trucks

Oversized Trucks

Brake Failure

Poor Driving Conditions

Driver Inexperience

Failure To Yield The Right-Of-Way

Driving Under The Influence of Alcohol Or Drugs

Aggressive, Dangerous Or Reckless Driving

Mechanical Failure (Or Improper Maintenance)

Defective Parts (Such As Defective Steering Or Brakes)

Truckers and trucking companies must be mindful of each of these trucking accident causes.

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

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

Trucking Industry Pushes Hours of Service Rule Myths

Bret Hanna — Thu, 03 Dec 2009 23:30:27 GMT

This is a follow-up to my post from the other day which covered a recent settlement of an hours of service rule case that, with luck, is a step in the right direction. To recap the problem:

The Bush administration increased the number of daily and weekly hours truckers can drive from 10 to 11 consecutive hours per 14-hour shift and total weekly driving hours from 60 to 77 per driver every seven days (a more than 25 percent increase). The rule dramatically expanded driving and work hours by cutting the off-duty rest and recovery time at the end of the week from a full weekend of 50 or more hours off duty to as little as only 34 hours.

The Truck Safety Coalition, Advocates for Highway and Auto Safety, Public Citizen, and the International Brotherhood of Teamsters filed suit against the Federal Motor Carrier Safety Administration (FMSCA) over the rule and because of a settlement reached on October 26th, the FMCSA will begin a new round of rule making that may result in a reduction of hours allowed by the current unsafe hours of service rule.

The trucking industry, however, continues to push myths about the Bush hours of service rule that simply must be debunked. Fortunately, the Truck Safety Administration has prepared an information sheet doing just that:

Facts Rebutting the Trucking Industry Myths about the Progress of Truck Safety and
the Bush Administration Hours of Service (HOS) Rule

Myth: Fatigue-Related Truck Crash Fatalities have decreased under the HOS rule.

Fact: This claim is false. Data from the official government fatality database, the Fatal
Analysis Reporting System (FARS), shows that while large truck crash fatalities decreased in 2006 from 2005, this followed increases in truck crash fatalities in the 3 years immediately prior to 2006. Truck crash fatalities rose in 2003, 2004, and 2005 over each previous year. Notably, the increases in fatalities in 2004 and 2005 occurred during the first 2 years the Bush Administration HOS rule was in effect.

Fact: Even the Federal Motor Carrier Safety Administration (FMCSA) does not assert
that truck fatalities have declined as a result of the Bush Administration HOS rule.
FMCSA states only that the rule did not make things worse.

Fact: National motor vehicle fatality figures cannot be used to "prove" that any specific
motor vehicle safety regulation among the hundreds that have been issued over the years is the single reason for any annual change in traffic deaths.

************************************************************

Myth: Truck fatality figures have improved in recent years. The trucking industry asserts
that because fatalities in truck-involved crashes was lower in 2006 (5,027 fatalities)
than, for example, in 2000 (5,282 fatalities) that fatalities have decreased.

Fact: FARS data shows that truck fatalities rose in 2003, 2004 and again in 2005 from
each previous year. Truck deaths over the 10-year span of 1997 through 2006 averaged over 5,000 per year, and dipped slightly below that total only in 2002 (4,939). (Recent annual fatality totals of less than 5,000 deaths due to the recession are explained below.)

Fact: The relative risk of dying in a large truck crash has actually increased compared
to fatalities in passenger vehicle crashes. In 1995, the relative risk of a fatal truck crash per 100 million vehicle miles of travel (VMT) was less than 20 percent greater than the relative risk of a fatal passenger vehicle crash, but the relative risk of a fatal truck crash has risen sharply since 1995 so that now the fatality risk in fatal truck crashes is 55 percent greater than the fatality risk in passenger vehicle crashes.

Fact: The proportion of truck crash fatalities to all annual motor vehicle fatalities has
not changed. In 2008, one of every 9 traffic deaths were the result of large truck fatal crashes. That proportion of traffic deaths has not changed for many years and is virtually constant from 1997 through 2008.

************************************************

Myth: Recent decreases in national truck deaths in 2007 and 2008 (preliminary data)
can be attributed to the Bush Administration HOS rule.

Fact: Recent decreases in overall fatality statistics in 2007 and 2008 reflect reductions in
freight tonnage linked with the recessionary economy. The sudden and precipitous decline in truck fatalities in 2007 and 2008 is linked with substantial reductions in both truck freight tonnage and a sharp drop in commercial vehicle miles of travel from the latter part of 2007 through 2008 due to adverse economic conditions. This reduces overall truck crash exposure. Similar declines in passenger vehicle fatalities are the result of reduced travel and commensurately reduced crash risk exposure.

Fact: Historically, economic recessions have been accompanied by reductions
in traffic fatalities. Every U.S. recession has coincided with a decline in motor
vehicle fatalities. CNBC News reports that “fatalities fell more than 16 percent from
1973 to 1974 as the nation dealt with the oil crisis and inflation. Highway deaths
dropped nearly 11 percent from 1981 to 1982 as President Ronald Reagan battled the
recession.”

************************************************************

Myth: Three-quarters of truck crash fatalities are "caused" by the drivers of passenger
vehicles.

Fact: There is no study proving that passenger vehicle drivers "cause" three-quarters of
the fatalities in crashes involving passenger vehicles and large trucks. The false claim by the trucking industry is a “junk science.” It is predicated on a deliberate misreading of studies that relied on descriptive “driver factor codes” reported by police at the crash scene and tabulated in FARS. These codes are after-the-fact notations often based on speculative information, as acknowledged by the U.S. Department of Transportation, and are not the product of in-depth crash investigations to accurately determine contributing factors that led to a particular crash.

Fact: The authors of both studies have stated that the study findings cannot be used to
attribute “fault” or “causation” as the industry has asserted. The author of the 1998
study on which the industry claim is based has stated that his study had been misused by the trucking industry and explained that the study could not be interpreted to assign fault or determine crash causation for the truck-passenger vehicle collisions he evaluated. The authors of the 2002 study disclaimed any causal connection between reported driver actions and crash outcomes. The industry claims are an intentional mischaracterization of the findings in these research reports.

Fact: FMCSA studies and FMCSA officials have also repudiated this industry claim.
According t o FMCSA “driver factor codes” cannot be equated with fault.

Fact: A number of studies contradict the claim that passenger vehicle drivers are to
blame for most crashes involving both large trucks and passenger vehicles. These include
studies that: found that truck drivers were primarily responsible for the majority of highway interchange crashes;15 found that nonfatal lane change crashes on the Washington, D.C. Capital Beltway (I-495) were twice as likely to be the result of a tractor-trailer changing lanes rather than a light vehicle lane change; found that in all crashes between trucks and light vehicles, trucks were more likely to be the “contributor” to the crash than light vehicles by 48 percent to 39 percent, and trucks were more responsible than light vehicles in backing, rear-end, rightturn, left-turn, and sideswipe collisions.

To see the data underlying this fact sheet, look here.

In order to make sure that the roadways are safe for everyone, we must all know the facts and use them to try and make the world a safer place.

Originally posted at InjuryBoard by Bret Hanna

Truck Hours of Service Case Settlement a Step in the Right Direction

Bret Hanna — Tue, 01 Dec 2009 22:33:26 GMT

A recent press release from the Truck Safety Coalition highlights an hours of service case settlement that has resulted in the Obama administration agreeing to reexamine the rule that is supposed to keep drowsy truck drivers off the road. Here is the text of the press release:

ARLINGTON, VA (November 10, 2009) – The Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) have agreed to conduct a new round of rulemaking that could result in reducing the current unsafe hours of service rule for truck drivers issued by the Bush administration in 2003.

As a result of the October 26 settlement, the Truck Safety Coalition, Advocates for Highway and Auto Safety, Public Citizen, and the International Brotherhood of Teamsters, petitioned the court to hold in abeyance the lawsuit they filed against the FMCSA and their current hours of service rule. The FMCSA must begin a new rulemaking process and submit a notice of proposed rulemaking to the Office of Management and Budget within nine months and publish a final rule within 21 months.

The Bush administration increased the number of daily and weekly hours truckers can drive from 10 to 11 consecutive hours per 14-hour shift and total weekly driving hours from 60 to 77 per driver every seven days (a more than 25 percent increase). The rule dramatically expanded driving and work hours by cutting the off-duty rest and recovery time at the end of the week from a full weekend of 50 or more hours off duty to as little as only 34 hours.

The groups have petitioned the U.S. Court of Appeals a total of three times, most recently in March 2009. In 2004 , the court vacated the hours of service rule on the grounds that the government did not adequately consider the effects of longer driving hours on individual truck driver health and traffic safety, and in 2007 because the agency did not let the public examine and comment on the new crash risk analysis used by the agency to support reissuing the same exact rule.

Daphne Izer, who co-founded Parents Against Tired Truckers (P.A.T.T.) in 1994 after a fatigued truck driver killed her 17-year-old son Jeff and his three close friends, was pleased with the settlement. "The good news is that there will be a new hours-of-service rule that hopefully will protect truck drivers and families like mine. This new rule must put people before profits."

Dawn King, whose father, William Badger, was killed on December 23, 2004 when a tractor trailer driver fell asleep behind the wheel and collided with his car, is currently a board member of Citizens for Reliable and Safe Highways (CRASH) and a participant in the Truck Safety Coalition’s First Response program assisting fellow grieving truck crash victims. She added, "Fatigued drivers are a threat to the safety of everyone on the road. This settlement is a positive step forward and should lead to improved worker and safety regulations in the truck driving industry."

This is a huge step in the right direction. Let's hope new rule scales back the allowable hours of service to a safer, more rationale number and that it is implemented quickly.

Originally posted at InjuryBoard by Bret Hanna

Marshall County Tractor-Trailer Accident Kills Three Oklahomans

Jeremy Thurman — Tue, 01 Dec 2009 11:48:30 GMT

According to newsok.com, a tragic tractor-trailer collision has taken the life of a man, woman and a 2-year-old boy. Apparently, these individuals died on a Marshall County highway Monday afternoon after a tractor-trailer rig slammed into their car near Kingston in southern Oklahoma.

According to the article

Erin Hudson, 31, and 2-year-old Paul Hudson, along with a 33-year-old man whose name hasn't been released, all died at the scene after the big rig slammed into the passenger side of the car, the Oklahoma Highway Patrol reported.

Investigators said the collision occurred at 12:49 p.m. after driver Erin Hudson failed to yield at a stop sign as she entered U.S. Highway 377 from State Highway 32.

This accident underscores the tragic consequences that can occur when a tractor-trailer collides with an automobile. Our prayers and sympathies are with the families of those lost.

Originally posted at InjuryBoard by Jeremy Thurman

One Dead, Three Injured in I-40 Crash Caused by Hit and Run Big Rig

George Fusner — Mon, 30 Nov 2009 14:58:19 GMT

Another tragedy involving teenagers. Lindsey Toft of Montery was killed in an accident on I-40. The November 22^nd crash also left three others injured.

She and her sister, Jessica Toft, 17, were passengers in the back seat of a 2004 Ford SUV being driven by Matthew Harris, 18, of Hanging Limb Highway, Monterey. His sister, Kayla Harris, 19, also of Hanging Limb Highway, was riding in the front seat beside her brother. The four teens were on their way home from seeing a movie, according to the State Trooper Scott Bilbrey’s report. A tractor trailer truck was traveling in the lane left of the teen’s vehicle. The truck driver apparently had given a signal that he was moving over, attempted to enter the Ford’s lane. Harris blew his horn, but still had to swerve to avoid being hit. The Ford then struck the right-side guardrail, and bounced back onto the highway. It then struck a second tractor trailer, ejecting Lindsey Toft through the rear-window. Both Lindsey Toft and her sister Jessica were not wearing seat belts. The report said the SUV was in the the tractor trailers "blind spot." At night that "blind spot" is much reduced as the driver can see the headlights of the vehicle if he looks.

All accidents resulting in injury or death should be investigated quickly and thoroughly. This becomes even more important when it’s a hit and run case like this.

In Tennessee, while citations can be issued for non use of seat belts, failure to use a seat belt cannot be used to decrease awards of lawsuits for negligence of other drivers in crashes. This means that Toft’s family’s damage award would not be reduced by her non-use of a seatbelt. But this presumes that the at fault truck driver can be found – which is why the Toft family should demand nothing short of an immediate investigation or hire an experienced tractor trailer attorney to investigate for them!

Originally posted at InjuryBoard by George Fusner