Virginia Personal Injury Blog - 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

Deadly "trailer sway" - the hidden dangers of RVs

Doug Landau — Sat, 28 Nov 2009 22:55:00 GMT

Trailer sway can be deadly. This phenomenon occurs when a "Recreational Vehicle" ("RV") is met by a crosswind, passing truck or other sideways wind source. Having driven an RV, Broadlands and Broad Run injury lawyer Doug Landau has experienced firsthand how difficult these large vehicle are to handle on the open road under windy conditions. "Even though I could see far down the road, it took intense attention and anticipation to safely drive the RV to Harpers Ferry, West Virginia with my kids in the back" the experienced traveler and trial lawyer noted.

Virginia RV crash injury lawyer Doug Landau notes that educating RV drivers about "trailer sway" can help prevent accidents and death on the roadways. Trailer sway is very difficult to bring under control, even if you do everything right. Taking the wrong action can quickly turn trailer sway into a deadly crash. One of the problems RV drivers encounter is that they are not advised about the hazards of trailer sway. RV salesmen do not give the innocent purchasers information on how they should react in the event of trailer sway. Yet an RV is often as big as a large truck and can cause devastation if not handled properly.

If you or someone you know has been injured by an out of control RV or motor home that had "trailer sway," please contact ABRAMS LANDAU, Ltd. or give us a call at 703-796-9555.

Originally posted at InjuryBoard by Doug Landau

Virginia Tech: Drivers of heavy trucks 23 times more likely to crash while texting

Doug Landau — Wed, 25 Nov 2009 23:10:00 GMT

With 2 Virginia Tech "Hokies" in his household, Ashburn car crash lawyer Doug Landau pays special attention to the quarterly Virginia Tech Magazine. This Fall, it was revealed that the Virginia Tech Transportation Institute conducted studies of driver distraction while using cell phones and text messaging. I have previously written about the increased dangers to Loudoun Fairfax and Leesburg drivers, bikers and pedestrians presented by "distracted drivers." Texting while driving increases the risk of a crash much more than previous studies have concluded, with motorists taking their eyes off the road longer than they do when talking or listening on their cell phones, the Virginia Tech Transportation Institute reported

The institute used cameras to continuously observe light-vehicle drivers and truckers for more than 6 million miles. It found that when drivers of heavy trucks texted, their collision risk was 23 times greater than when not texting. Dialing a cell phone and using or reaching for an electronic device increased risk of collision about six times in cars and trucks, the study found.

If you or someone you know has been injured by a "distracted driver" or motorist who was texting or programming their cell or mobile phone, please contact ABRAMS LANDAU, Ltd. or give us a call at 703-796-9555.

Originally posted at InjuryBoard by Doug Landau

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

Questions remain after fatal tanker crash on I-664 in Newport News (VA)

Rick Shapiro — Mon, 12 Oct 2009 15:40:54 GMT

Questions remain after an explosive tanker truck crash on Interstate 664 in Newport News (VA) near the Monitor-Merrimac Memorial Bridge Tunnel in September that left the truck driver dead.

The crash scene still bears the sad scars of the Sept. 4, accident, the Daily Press of Newport News reported Sunday. The pavement at the 35^th street exit is still scorched and blackened, as are the neighboring jersey barriers. The fence that separates the highway from a pedestrian/bike path is twisted and smashed.

"Nobody will know why it happened now," Brenda Dawson, fiancée of the deceased driver, told the Daily Press. "It's unbelievable. It just does not fit."

The driver, Larry Overall of Chesapeake, was badly burned in the crash and later died at Sentara Norfolk General Hospital.

Overall was able to escape from the truck after the crash but was “fully engulfed” in flames, a Virginia State Police spokeswoman told the newspaper at the time.

The truck, A Kenworth carrying diesel fuel, crashed when it ran off the road to the left and flipped over, triggering an explosion that left burning fuel on the roadway and on the CSX railroad tracks below the highway.

Smoke from the crash could be seen for miles and dominated the southern Newport News skyline for hours afterwards.

Dawson said her fiancée had been working for E.V. Williams of Inc. Virginia Beach for two years.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

(MM)

Originally posted at InjuryBoard by Rick Shapiro

Old Dominion Freight driver accused of badly injuring cyclist while using wireless device

Rick Shapiro — Mon, 05 Oct 2009 16:27:22 GMT

Old Dominion Freight Line Inc., which has a substantial presence in Hampton Roads, has been accused of employing a driver who was distracted from the road by a wireless device – a distraction that caused him to hit a motorcyclist who remains hospitalized more than two months later.

Old Dominion has denied the claim, made in a lawsuit filed in U.S. District Court in Sioux Falls, S.D., the Associated Press reported.

Old Dominion driver Jeffrey Peterson was driving on Interstate 229 in Sioux Falls on July 31 when he rear-ended motorcyclist Randy Helwig, according to the AP report.

Peterson was “using a messaging device to communicate with the company,” the story said, and was cited for careless driving.

Old Dominion, in court papers, said Peterson “glanced” at the device but was not “utilizing” it.

It is common for truckers to have laptop computers or other devices always deployed in the cab to get updates and orders from their dispatchers, The New York Times reported last month.

Helwig suffered a broken pelvis, broken ribs, broken back, lacerated liver and spleen, head injury, and a badly damaged left arm. He lost one kidney and his small intestine.

Helwig is fed through a tube, has nine drainage tubes coming from different parts of his body and is still undergoing surgeries, according to his CaringBridge Web site.

Texting and other wireless-device use have been in the news lately, and have even received attention from President Barack Obama. I hope people heed advice to avoid using these devices while driving.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard andNorfolk Injuryboard as a pro bono public information service.

(MM)

Originally posted at InjuryBoard by Rick Shapiro

Obama Appointment for Federal Motor Carrier Safety Administration is Stunning

Greg Webb — Wed, 30 Sep 2009 15:26:05 GMT

President Obama made a strange appointment regarding who would become leader of the Federal Motor Carrier Safety Administration ("FMCSA"). Although Obama has passed an order stating he would limit lobbyists’ power to enter the government as high officials to influence policy from within, he appointed Anne Ferro, a major trucking industry lobbyist in Maryland, to lead this agency that oversees truck safety. The order prohibits hiring anyone who lobbied an executive-branch agency within the past two years; this technically means federally registered lobbyists. It is unclear how Obama feels hiring Ferro is consistent with the order.

Members of the Senate Commerce, Science and Transportation Committee meet Wednesday to decide whether Ms. Ferro should be confirmed. Many committee members feel that during his term, President Bush was wrong to install people from the trucking industry to regulate their own industry and do not feel President Obama should do this either. While Ferro has promoted such positive programs as a graduated licensing system for new drivers and an ignition interlock program for drunk drivers, she also has spoken in support of the Bush administration’s loosening of restrictions on drivers’ schedules and driver fatigue; this decision is in defiance of considerable evidence of danger from fatigued drivers.

This record of Ferro’s, some believe (including this writer), should disqualify Ferro from the appointment. The reason for the latter is that there are many people in this country who die each year because of truck drivers operating 18-wheelers, weighing upwards of 80,000 pounds, and the drivers, and/or their employers, are violating federal and state safety regulations (which are or were in place for a reason). Unfortunately, I represent a family currently, and have many times in the past, where the driver was fatigued and should not have been behind the wheel of his rig rolling down the highway. Loosening restrictions on the trucking industry is similar, in some respects, to loosening restrictions on the banking industry (look what happened there).

Originally posted at InjuryBoard by Greg Webb

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

Trucking Crossroads: Interstate I-81 in Virginia Scene of Spate of Trucking Accidents

Rick Shapiro — Sat, 19 Sep 2009 20:40:00 GMT

It is a widely-known fact that trucks can be dangerous vehicles, and a recent series of accidents on I-81 in the western part of Virginia (VA) has illustrated this fact in a very grim way:

The first accident involved a tractor trailer full of watermelons that ran off the road and overturned in the median. As you can imagine, it made a big mess in the highway and traffic was detoured onto US Highway 11, causing a back up that stretched for several miles.

About three hours later the worst of the series of crashes happened when a tractor trailer did not slow down in time for the detouring traffic and struck a car. The impact forced the automobile underneath a tractor trailer in front of it and caused a chain reaction of several trucks hitting each other.

One of the tractor trailer’s fuel tanks ruptured and caused a fire that spread rapidly and destroyed the passenger vehicle. The occupants of the car died at the scene.

Horrible accidents like these occur all-too frequently, and serve as reminders for the dangers of trucking accidents. The American Association for Justice (AAJ) has determined that over 28,000 trucking companies are operating with safety violations, some of which are intentionally ignored by the company to cut costs. Such violations may include hiring drivers with shady backgrounds, not keeping the trucks running safely, or overloading the trucks. This means many unqualified truck drivers whether on Virginia's interstate highways or others are driving damaged trucks, some of which are loaded with more goods than they can safely carry.

Since trucks are larger and heavier than most passenger cars, they are inherently more dangerous than passenger cars. They take longer to slow down in an emergency stop; they can impact vehicles with a lethal force from a much slower speed; and the truck drivers often feel protected from danger.

As a car driver, you need to be very cautious around 18 wheelers and semi-trucks. True, there are many well-trained truck drivers, and many trucking companies are honest and safety-conscious. But you usually can't tell the difference between a relatively safe truck and a relatively unsafe truck until it's too late, so it's always better to err on the side of caution. Obviously, it's a good idea to always be a safe driver, but since most of injuries and deaths in trucking accidents are the people in the other vehicle, your safety is more at stake than ever when you are driving near a tractor trailer or semi.

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. We also host a YouTube injury law video library with more than 50 videos covering many FAQs on personal injury subjects. Lawyers with Shapiro, Cooper, Lewis & Appleton are licensed in VA, NC, SC, WV, DC and KY. They handle car, truck, railroad, medical negligence cases and more.

Originally posted at InjuryBoard by Rick Shapiro