Trucking Accidents

Published on: August 17, 2013

The U.S. Department of Transportation Eliminates Truck Safety Inspection Report Requirement, While Enhancing Other Federal Safety Rules

On August 1, 2013, the U.S. Department of Transportation (“USDOT”) Secretary Anthony Foxx announced a proposal to eliminate the daily paperwork requirement for professional truck drivers. The move, which follows on the heels of the Federal Motor Carrier Safety Administration’s (FMCSA) elimination of a similar requirement for truck drivers operating intermodal equipment trailers used for transporting containerized cargo shipments in June 2012, is expected to save the industry an estimated $1.7 billion annually.

Currently, federal regulations require commercial truck drivers to conduct both pre-and post-trip equipment inspections. In addition, drivers must also file Driver Vehicle Inspection Reports (DVIRs) after each inspection, regardless of whether or not an issue requiring repairs is identified. According to the news release issued by the USDOT, under the proposed change, though commercial truck drivers would be required to continue conducting pre- and post- trip inspections, the truck drivers will no longer need to file DVIRs if their daily inspections do not yield any defects. Therefore, government officials, including Secretary Foxx, note that the proposal is a “win-win” because it simultaneously reduces the paperwork burden, saves the industry billions of dollars, and maintains the USDOT’s commitment to safety.

While the trucking industry is pleased with the elimination of the safety inspection report requirement, the industry is not as pleased with other recent changes. More specifically, on July 1, 2013,the FMCSA’s Hours of Service Final Rule took full effect. The new regulation is designed to improve public safety by reducing truck driver fatigue. Notably, only commercial motor vehicle (CMV) drivers are required to follow this new final rule. Generally, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits at least one of several other factors relating to gross vehicle weight, the transportation of passengers, and/or the transportation of hazardous materials.

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Published on: December 27, 2012

93.3 Million Americans Take To The Road Over The Holidays

By Carabin Shaw

According to AAA, one out of every four Americans will hit the road between December 22, 2012 and January 1, 2013. This means that approximately 93.3 million people will take a trip of over 50 miles from their home, as 2012 comes to an end. This is an increase of nearly 2%, up from 91.8 million in 2011.

The majority of the travelers (84 million) will be traveling by automobile, representing approximately 27% of the entire population of the United States. These numbers have remained very consistent for the last decade. There was only one year where the fluctuation was more than 5%.

The year-end season is the least affected time for travel due to high gasoline prices or other economic issues. Robert Darbelnet, the CEO of AAA, says that people will always make it home at this time of the year. AAA is expecting more and more Americans to stuff their stockings with airline tickets and hotel reservations, as economic indicators are trending upward.

With the increased traffic on America’s roadways, the American Trucking Association has gotten involved with the distribution of materials advising motorists to stay out of trucker’s blind spots and avoiding cutting in front of trucks, among other things. It is also advisable to have an emergency kit in your vehicle in case of an accident.

Remember, the driver of an 80,000 pound 18 wheeler traveling at highway speeds cannot stop on a dime. FedEx Freight professional driver Dion Saiz acknowledges that driving during the holidays is challenging. Everyone is anxious to visit their families for one last visit in 2012 or finish up shopping the year-end sales. His best advice to all is to remain focused and be patient.

Another Share the Road Professional Driver, Dennis Martin with UPS Freight, simply advises everyone to “buckle up” and be aware of the weather conditions that you are going to be facing on your trip.

With over 25% of the U.S. population being on the roadways, it is inevitable that accidents are going to occur no matter how cautious motorists and truckers are. Accidents involving a couple of passenger cars are serious enough but collisions between passenger cars and 18 wheelers often have catastrophic results. Simply because of the size difference alone, a passenger car or a pickup truck is no match for an 18 wheeler. Unfortunately, tragic often disabling injuries and even fatalities can result when the two collide.

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Published on: December 21, 2012

West Texas Dust Storm Causes Major Accidents

By Carabin Shaw

The Texas Department of Public Safety (TDPS) reported that a severe dust storm close to Lubbock caused multiple accidents early in the afternoon on Wednesday, December 19, 2012. There were 23 vehicles involved in the chain-reaction pileup injuring some 17 people and killing one.

TDPS Cpl. John Gonzalez said that the visibility was so bad that “you couldn’t see past the hood of your vehicle.” Winds with gusts of 55 miles per hour or so stirred up the sand and dust from dry fields making it impossible to see the stopped vehicles already involved in accidents on the southbound side of I-27. He said that there were a series of collisions that happened simultaneously in “domino fashion”, when drivers’ visibility went to zero.

One man was killed when his SUV rear-ended an 18 wheeler that had been involved in an accident. Some 17 other people were injured in the crashes but none of them were serious or life threatening. The majority of the injured people were taken to the University Medical Center in Lubbock for treatment and then released.

The accidents and the visibility concerns caused the TDPS to close I-27 in either direction for about five miles from Abernathy to New Deal for six hours. Once the interstate was opened to traffic, a TDPS bulletin was released warning of the dangerous driving conditions between Lubbock and Amarillo.

Landowners were being advised to plow their fields so that the loose sand would not blow off so easily during wind storms, after the prolonged drought.

This is the second major interstate pileup in Texas in the last thirty days. The other occurred on Thanksgiving Day just west of Beaumont, Texas. The cause of that massive chain-reaction accident was fog, resulting in near zero visibility at around 9:00 a.m. Some 150 vehicles were involved in that series of accidents that injured more than 100 people and killing two, when their SUV was crushed by an 18 wheeler.

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Published on: December 3, 2012

Thanksgiving Day Pileup: Deadly Evidence of Accidents At Interstate Speeds

By Carabin Shaw

It was about 8:45 a.m. on Thanksgiving morning, the most traveled day of the year, when one of the most horrific accidents in Texas occurred on Interstate 10 outside of Beaumont. The weather conditions were extremely foggy and cars were apparently slowing down due to the lack of visibility. Deborah Leggio, 60, and her husband Vincent, 64, were killed when their Chevrolet Suburban traveling eastbound was struck from the rear and crushed by an 18 wheeler, which ended up on top of their vehicle. Ultimately, some 140 to 150 vehicles were involved in the pileup.

A veteran police officer for more than 25 years, Jefferson County Sheriff Deputy Rod Carroll, 46, heard an emergency call about the multi-vehicle accident and he responded. Even though Deputy Carroll is a paramedic, he was not prepared for what he was about to witness.

When he arrived at the scene, he stated that the area was so foggy that it was impossible to see more than ten feet in any direction. He reported that there were cars on top of cars, 18 wheelers with massive damage, vehicles in the median and on the side of the interstate with damage and personal articles spread along the roadway.

Deputy Carroll related that the collision scene was over a mile long, with twisted metal making it difficult to determine what type of vehicles were involved. The scene was filled with officers and rescuers, including people who had been involved in the massive pileup, trying to pull victims from their vehicles and give them aid. He said “it was like a Third World Scene”, not knowing what to expect as he walked through the wreckage.

Initially, it is believed that the first collision occurred on the eastbound side of the interstate and westbound collisions followed. Every ambulance in the area was busy transporting some 80 t0 90 individuals to local hospitals. There were 10 to 12 victims who were listed as serious to critical.

The westbound lanes of Interstate 10 were closed for approximately five hours and the eastbound lanes were shut down for over eight hours, while the investigation and cleanup continued.

With most highways in the United States now allowing speeds of 70 to 75 miles per hour, Texas has gone to even a different level. A 41 mile toll road from Austin to San Antonio is going to have an 85 mile per hour speed limit. There is an 80 mile per hour speed limit for some highways in West Texas. The problem is that the higher the posted speed limit, the faster people think that they can drive over the limit without being ticketed. People are now testing their radar detectors and driving at speeds ranging from 85 to 100 miles per hour on interstates.

Unfortunately at speeds like this when something goes badly wrong, such as rain, fog, another accident, a blowout or a distracted driver, the result is going to be massive and more lives will be lost.

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Published on: November 9, 2012

Last Day Without A Fatality On Texas Roads Was 12 Years Ago

By Carabin Shaw

The Texas Department of Transportation (TXDOT), in conjunction with the Texas Department of Public Safety (TDPS), issued a bone chilling statement this week. It has been 12 years since there was a day that went by without a single traffic fatality on our Texas roads. That day was Wednesday, November 7, 2000.

Since then, over the last 4,383 days there have been 41,252 people killed on Texas roadways. That is almost 10 fatalities a day and the total of 41,252 deaths is approximately the population of San Marcos.

According to TXDOT officials, the primary reasons for the fatalities occurring on our 80,000 miles of state roadways were drinking and driving, distracted driving and not wearing seat belts. TXDOT Executive Director, Phil Wilson, said “One fatality on a Texas roadway is one too many, and to see as many as eight or 10 in a single day is unacceptable.”

Statistics reveal that there were 3,048 fatalities in 2011 alone, with the causes listed as follows:

• 28.9% of the fatalities resulted from not wearing seat belts
• 34.9% of the fatalities were due to drinking and driving
• 13.4% of the fatalities were caused by driver distraction (talking on the phone, texting, etc.)

Part of TXDOT’s effort to drive the safe driving message home has been to display the number of fatalities on huge message signs along Texas highways. So far, there have been 2,545 deaths on Texas roadways in 2012. These numbers are updated on a monthly basis.

TXDOT offers these simple rules for saving lives and reducing the number of fatalities on our roadways:

• Buckle Up
• Pay attention
• Put the smart phone away so you won’t talk or text
• Never drink and drive
• Use the left lane only for passing
• Obey all traffic laws
TXDOT and TDPS have asked all citizens to please do their part to keep our Texas roadways safe. Adding to the dangers that already have existed on our roadways is the 85 miles per hour speed limit on portions of our state highways. Many vehicles or not safe going that fast and their drivers are not prepared to react under those conditions. Remember, only you can help save lives.

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Published on: November 5, 2012

Fatal Accidents Increase In Eagle Ford Shale Region

By Carabin Shaw

Since the Eagle Ford Shale exploration started in 2008, the region has experienced huge economic growth. With that growth there has been an influx of workers moving into the area for the oil and gas exploration boom. Along with that came an increase in 18-wheeler rigs hauling heavy equipment and supplies, which the narrow, two lane county roads and state highways simply cannot handle. Under the heavy traffic, the roadways are deteriorating and the numbers of fatal accidents are continuing to rise.

According to the Texas Department of Transportation (TXDOT) and the Texas Department of Public Safety (TDPS), the region has experienced a dramatic increase in fatal accidents. Karnes County, which is in the middle of the exploration area, has seen a whopping 1,440% increase in accidents involving commercial vehicles from 2008 to 2012. McMullen County saw its commercial vehicle accidents shoot up 1,050% and La Salle County had a 418% increase. Frio County had six fatal accidents in 2011, compared to only one in 2010. Most counties have seen fatal accidents rise ten times.

The heavy traffic to which the two lane county and state highways are being exposed is taking its toll. The roadways have been torn up by the massive 80,000 plus pound 18-wheelers, leaving potholes, uneven pavement and deplorable road conditions. A spokesman for the Texas Department of Public Safety, Trooper Richard Standifer, said that the increased numbers in highway deaths was definitely attributable to the situations existing in the Eagle Ford Shale Region.

Combined with the deteriorating roadways, there is concern that other contributing factors are involved in both the number of accidents and fatalities. For example, the drivers of the 18-wheelers are working 16 hour shifts for weeks at a time causing sleep deprivation, anxiety, fatigue, irritability, exhaustion, inability to concentrate, driving too fast and bouts of road rage. The combination of a fatigued driver and a big rig traveling down an uneven road filled with potholes at 65 or 75 miles per hour next to an unprepared driver of a 3,000 pound passenger vehicle is lethal. Any swerve due to inattention, texting, talking on the phone or trying to avoid a pothole can prove to be fatal. Make no mistake about it, when there is an accident between any type of passenger vehicle and an 18-wheeler, the resulting damages and injuries are usually catastrophic and often fatal.

For now, the combination of increased traffic, damaged roadways, fatigued drivers and the constant pressure of deadlines has made travel in the Eagle Ford Shale Region one of the deadliest in the country. While locals are enjoying seeing their local economy boom, they must face the downside as well.

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Published on: September 19, 2012

FMCSA Implements Hand-Held Cell Phone Ban in Texas, Throughout Nation

By Carabin Shaw

Earlier this year, the nation’s Federal Motor Carrier Safety Administration (FMCSA) implemented a hand-held mobile telephone ban for commercial vehicle operators. The federal regulation also applies to the driver of any vehicle that transports hazardous materials and requires a placard. According to the FMCSA, reaching for or using a hand-held device distracts drivers and significantly increases the likelihood of a crash.

The new rule took effect on January 3rd and states that truck drivers must pull over to the side of the road when using hand-held cellular telephones. It was reportedly implemented in an effort to increase safety and reduce the number of deadly crashes involving commercial motor vehicles. Under the rule, motor carriers are also prohibited from requiring or allowing drivers to use hand-held cellular telephones. A semi or other commercial vehicle driver who is caught violating the regulation will incur stiff penalties and sanctions.

In response to the new regulation, Wiseway Transportation Services, a Wisconsin-based furniture shipment company, has issued a smartphone to each of its drivers. The thin, Android-based phones replaced the more rugged push-to-talk telephones the drivers previously carried. Wiseway’s Director of Information Technology, Steven McKenna, stated the phones were purchased in an effort to ensure company drivers do not run afoul of the new safety law. The mobile phones now provided to Wiseway drivers offer a speakerphone and may be activated entirely by a driver’s voice. By using a completely hands-free device, McKenna hopes company drivers can stay on schedule without risking their commercial vehicle licenses, as well as the safety of themselves and others.

McKenna stated despite that the corporate-issued telephones are so-called smartphones, Wiseway opted to lockdown the software that could be used on each device. Only business appropriate email and other applications will be installed on the mobile phones in order to keep drivers on task. According to McKenna, the GPS feature in each phone also allows Wiseway to track a driver’s location and determine their general speed. He reportedly believes such capabilities will increase overall driver safety.

When a bus, semi, or other commercial vehicle collides with a car, the resulting damage can be catastrophic or fatal. If you were injured or a loved one was killed in an accident with a commercial vehicle, you may be eligible to receive financial compensation for your medical expenses, suffering, pain, lost wages, lost benefits, any resulting disability, and a host of other damages. In some situations, the victim of an accident with a commercial vehicle may also be awarded punitive damages. In the United States, the trucking industry is massive. You should not be required to stand up against them alone. If you were hurt in an accident with a tractor trailer or other commercial vehicle, you should contact a capable Texas truck accident lawyer as soon as possible.

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Published on: August 28, 2012

FMCSA Makes Improvements to Compliance Safety Accountability Enforcement Program in Texas, Throughout Nation

By Carabin Shaw

The nation’s Federal Motor Carrier Safety Administration (FMCSA) recently announced changes to the agency’s Compliance Safety Accountability enforcement program. The changes will reportedly allow high-risk bus and trucking companies to be more easily identified and compliance issues to be dealt with in a speedier fashion. According to Anne Ferro, FMCSA Administrator, the changes were designed to make existing safety programs more effective. Although the number of deaths in crashes that involved commercial vehicles declined by nearly 5 percent in 2011, approximately 4,000 people are killed in such collisions annually.

The Compliance Safety Accountability enforcement program changes include improved hazardous materials carrier compliance requirements, altering the way in which a driver’s hours of service are logged, weighing hours of service logbook violations equally whether paper or electronic, taking into account cargo load violations when determining vehicle maintenance compliance, and including equipment violations found during pre-trip inspections in safety evaluations. Additionally, one to five miles per hour speeding violations will be abandoned in favor of more recently implemented speedometer regulations, and the program will endeavor to more accurately reflect the inspection type on all recorded bus and truck violations. The Compliance Safety Accountability enforcement program changes are scheduled to take effect in December 2012.

Prior to implementing the safety enforcement program changes, the FMCSA provided the public with four months during which to review and comment on the proposed changes. Approximately 14,000 bus and trucking carriers reportedly participated in the public preview. About 1,700 law enforcement officers also contributed their thoughts regarding proposed system updates. Further monitoring will allegedly be conducted by the FMCSA before the new requirements are made public.

When a tractor-trailer collides with a passenger vehicle, the resulting injures are often catastrophic or fatal. If you were hurt or someone you love was killed in a collision with an 18 wheeler, you may be entitled to financial compensation for your medical costs, suffering and pain, lost wages and benefits, temporary or permanent disability, and a variety of other damages. In some instances, you may also be awarded punitive damages. In the United States, the trucking industry is enormous. You shouldn’t have to fight them alone. If you were hurt in an accident with an 18 wheeler, you need an experienced Texas truck accident attorney on your side.

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Published on: May 8, 2012

NHTSA Proposal Would Require 18 Wheelers to Install Stability Control Systems

By Carabin Shaw

A National Highway Traffic Safety Administration (NHTSA) proposal that states semi-trucks should be required to have a stability control system installed has entered the last step of the publication review process. The proposal, which has already been approved by the Office of Management and Budget, may lead to a federal mandate regarding use of the technology. Currently, about one quarter of all new semi-trucks have stability control technology installed. Nationwide, many carriers who transport goods using semis have already installed stability controls in their fleet. Additionally, the technology is widely used among carriers that utilize tank trucks.

According to the NHTSA, stability control technology should be installed in semi tractors in order to increase safety. Crashes that occur after 18 wheeler drivers lose control or roll their vehicles kill approximately 300 people each year. More than 2,700 injuries also result from such accidents. The agency stated adoption of the technology will likely prevent about 1,000 injuries and 66 deaths each year.

The Engineering Director at the American Trucking Association, Ted Scott, said the organization would likely support the NHTSA’s proposal. The Owner-Operator Independent Drivers Association, however, stated it will likely oppose the measure. According to a spokesperson, such a mandate would prove to be cost prohibitive for many semi drivers who act as owner operators.

Although the exact details of the NHTSA’s proposal are not currently available, it will most likely focus on semi tractors. The proposal in not expected to cover trailers or require trucks that are currently in use to be retrofitted. If required to install stability control technology in fleet trucks, the expected cost to U.S. trucking carriers is estimated at about $107 million annually. The NHTSA believes the technology would save more than three times that amount in property damage and other related accident costs.

Unfortunately, when a semi collides with a passenger vehicle, the resulting injures are rarely minor and are likely to be catastrophic or fatal. If you or a loved one was hurt or your family member was killed in a collision with an 18 wheeler, you may be entitled to compensation for your injuries or loss. Those hurt in an accident with a semi may receive remuneration for the cost of medical care, pain, suffering, lost wages, and other damages. In certain instances, you may also be eligible to receive punitive damages. If you were hurt in an accident with an 18 wheeler, contact a skilled Texas semi truck accident lawyer today to discuss your case.

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