Articles Posted in Tractor-Trailer Accidents

Published on: March 10, 2011

Fewer Tennessee Trucking Accidents if Positive Drug Tests Followed Truckers from Job to Job

Road Safe America joins the American Trucking Association and other safety minded organizations in advocating for a central clearinghouse to monitor heavy commercial vehicle drivers who test positive for drugs and alcohol.

Historically, drivers that test positive for drugs and alcohol hop from state to state and job to job to avoid detection. Our Knoxville personal injury lawyers know these kind of drivers should not be behind the wheel of an 80,000 pound truck. As long as such job-hopping is permitted to continue, motorists will be at high risk for Tennessee trucking accidents involving drunk drivers.

The Safe Roads Act, S. 1113, was introduced by Senators Pryor, Snowe, Nelson and Wicker in May 2009. It would establish an all-inclusive national clearinghouse for positive alcohol and drug test results. The passage of this bill would undoubtedly make our roadways safer by reducing the risk of drunk drivers operating heavy commercial vehicles.

In 2008, the National Highway Traffic Safety Administration reported 1,041 large truck crashes each day. Nearly 12 people every day die in large truck accidents and an additional 246 are injured. In 2008, approximately 7% of all fatal crashes involved a large truck on Tennessee roads. It was reported that 2% of large truck drivers involved in fatal crashes had a blood alcohol content of .08 or higher.

Alcohol and drug testing is a fact of life in the trucking industry today. All truckers that have a commercial driver license (CDL) — whether owner-operators with a CDL or drivers employed by motor carriers — are subjected to drug and alcohol testing.

A study done by the Insurance Institute for Traffic Safety, as reported by Drug Library, found that 15% of all truckers had marijuana, 12% had non-prescription stimulants, 5% had prescription stimulants, and 2% had cocaine in their systems. Some truckers believe that marijuana use is safer than drinking, but studies show that effects on reaction time after smoking can last up to 24 hours.

A Federal Motor Carrier Safety Administration (FMCSA) study of crashes involving large trucks found that prescription drug use was a contributing factor in 28.7% of all crashes sampled and over-the-counter drugs were a contributing factor in 19.4% of crashes. Side effects from drugs can include: dizziness, drowsiness, blurred vision and confusion of which any could cause an accident.
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Published on: February 22, 2011

Speed-Limiters Could Reduce Risk of Tennessee Trucking Accidents

By Mark Hartsoe

A petition filed back in 2006 by Road Safe America along with the American Trucking Associations and numerous leading trucking-safety organizations is finally seeing some progress. The petition is asking that speed-limiting devices be set to 68 on heavy commercial vehicles.

This is not the first time our Tennessee trucking accident attorneys have reported on our Tennessee Truck Accident Lawyers Blog on the slow progress the government is making in ensuring our roadways are safe from undue risk associated with large trucks.

The issue isn’t installing speed-limiting devices on heavy commercial vehicles; the technology has been in trucks since 1992. The issue is there is no rule requiring these devices be set, which would limit the top speed of a truck, as the petition wants, to 68 mph.

Setting speed governors clearly save lives — it’s already being done in other parts of the world. In 1994, the UK decreased truck speeds from 60 mph to 56 mph, cutting fatal truck accidents in half. Australia saw a 26% decrease in truck fatalities after an aggressive campaign to increase truck safety that included setting speed governors.

These countries have far lower truck fatality rates than the U.S. Yet we lack the regulations to control truck speed.

Road Safe America also supports the recent announcement, after years of delays, that the Federal Motor Carrier Safety Administration (FMCSA) will require the installation of electronic on-board recorders (EOBRs) for interstate commercial truck and bus companies.

Installing tamper proof electronic on-board recorders to log drivers hours-of-service (HOS) will finally put an end to the often inaccurate log book system.

Each rule, installing EOBR and setting speed governors, would compliment the other. If speed governors are set but there are no electronic on board recorders, then truckers may cheat in their log book to make up time. If EOBRs are installed but speed governors aren’t set, then truckers are likely to speed.

The National Highway Traffic Safety Administration reported in 2008 there were 1,041 large truck crashes each day. Almost 12 people a day are killed in large truck accidents and another 246 are injured. In Tennessee almost 7% of all fatal crashes in 2008 involved a large truck.
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Published on: February 17, 2011

41 years without a Tennessee Trucking Accident Deserves Recognition

By Mark Hartsoe

Tennessee trucking accident lawyers know what an accomplishment it is when a commercial driver makes it 25 years without an accident. And we salute the 180 UPS drivers in Tennessee who have managed to do so.

In particular, Stanley Coker of Knoxville and Michael Jenks of Springfield have each driven for UPS for 41 years without an accident. Each man is tied for fifth all-time on the company’s list of 102,000 drivers. Avoiding accidents in Knoxville and Springfield after more than 40 years on the road is an accomplishment worth recognizing and bragging about.

The Street reports UPS has 5,248 drivers that have received similar honors; combined they have traveled more than 147 million accident-free miles.

The National Highway Traffic Safety Administration reports more than 380,000 commercial trucking accidents occur each year, claiming more than 147,000 safe-driving years and more than 5 billion safe miles.

Whether driving one of the company’s tractor-trailers or one of the famous Big Brown Trucks, there is nothing accidental about four decades of safety.
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Published on: February 11, 2011

Tennessee Tractor-Trailer Accident Claims Life of Driver, Passenger

By Mark Hartsoe

Two people are dead following a Cumberland County, Tennessee tractor-trailer accident, Channel 10 News reported.

The crash claimed the life of the 41-year-old Memphis trucker and his 27-year-old passenger, who was in the sleeping cabin at the time of the crash. A Knoxville personal injury lawyer should always be called when a passenger or other motorist is killed in a commercial-driving crash.

No word yet whether driver fatigue could have been involved in this crash. However, the Tennessee Highway Patrol reports the tractor-trailer was carrying U.S. mail when it swerved three times and ran off the right side of the Interstate. The semi struck a tree and overturned.

The AAA Foundation for Highway Safety recently reported nearly half of Americans admitted to falling asleep behind the wheel at some point in their lives. More than 25 percent admitted to driving while so tired they could hardly keep their eyes open at some point during the past year.

“When you are behind the wheel of a car, being sleepy is very dangerous. Sleepiness decreases awareness, slows reaction time, and impairs judgment, just like drugs or alcohol, contributing to the possibility of a crash,” said AAA Foundation President and CEO Peter Kissinger. “We need to change the culture so that not only will drivers recognize the dangers of driving while drowsy but will stop doing it.”

Fatigue is cited as a leading cause of trucking accidents. Whether it was involved in this accident may never be known; authorities believe the problem may be even more serious than statistics suggest because of the difficulty in determining whether drowsy driving is responsible for an accident that results in fatality.

We reported earlier this month on our Tennessee Truck Accident Lawyer Blog that the government is set to require data recorders in all over-the-road trucks, which will determine compliance with hours-of-service regulations. The regulations are meant to limit the amount of time a driver can remain behind the wheel, but reliance on hand-written long books often make the laws ineffectual.

Alcohol or drugs are not believed to be a factor in the crash but testing is being conducted in accordance with standard procedure.

The Cookeville Herald Citizen reported the crash happened on I-40 about 10 miles east of Crossville.

Both drivers were pinned inside the 2011 International tractor.
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Published on: February 4, 2011

Data Recorder Verification of HOS Likely to Reduce Risk of Tennessee Tractor-Trailer Accidents

By Mark Hartsoe

After years of delay, the Federal Motor Carrier Safety Administration has finally proposed requiring data recorders to track hours-of-service for over-the-road truckers in an effort to reduce the risk of trucking accidents in Tennessee and elsewhere.

As our Knoxville personal injury lawyers reported late last year on our Tennessee Truck Accident Lawyer Blog, the feds continue to tweak the hours-of-service rules, which are aimed at preventing fatigued truckers from causing accidents.

But the combination of a pay structure that rewards most over-the-road trucker based on miles traveled, and the fact that hours-of-service compliance is determined by hand-written log books, toll receipts and other so-called documentation, has made a mockery out of the system for decades.

“We cannot protect our roadways when commercial truck and bus companies exceed hours-of-service rules,” said Transportation Secretary Ray LaHood. “This proposal would make our roads safer by ensuring that carriers traveling across state lines are using EOBRs to track the hours their drivers spend behind the wheel.”

The electronic on-board recorders (EOBRs) are attached to commercial vehicles and automatically record the number of hours the vehicle spends in operation. A number of carriers, including Schneider National, Maverick USA, J.B. Hunt, Knight Transportation and U.S. Express Enterprise, have already installed the technology.

However, the devices have not been mandated unless a driver or company was caught violating hours-of-service rules. The new proposal would impact 500,000 carriers nationwide.

“This proposal is an important step in our efforts to raise the safety bar for commercial carriers and drivers,” said FMCSA Administrator Anne S. Ferro. “We believe broader use of EOBRs would give carriers and drivers an effective tool to strengthen their HOS compliance.”

Organizations, including Road Safe America, have long advocated for the devices.
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Published on: January 29, 2011

Fatal Tennessee Truck Crashes should be Reviewed by Experienced Wrongful Death Attorney

By Mark Hartsoe

A Henderson County, Tennessee trucking accident has claimed the life of a 37-year-old Middle Tennessee woman, the Jackson Sun reported.

A Tennessee wrongful death attorney should always be consulted in the wake of a fatal accident involving a semi or other large commercial vehicle.

In this case the Sun is reporting the woman crashed into the semi, which had come to a stop late Thursday afternoon on I-40 eastbound, about 14 miles north of Lexington. The Tennessee Highway Patrol reports the Centerville woman was killed in the crash. She was wearing a seat belt.

An experienced semi accident attorney in Tennessee may find additional parties at fault in the accident. Parties who may be at fault in a trucking accident include:

-The truck driver

-The trucking company

-The owner or leasing agent of the truck and/or trailer

-Other motorists

-Companies responsible for loading the truck or that own the cargo

-Equipment or vehicle manufacturers

-Road construction companies

-State or local government entities responsible for road repair and signal operation

-Associated insurance companies

Additionally, truck drivers must follow strict rules enforced by the Federal Motor Carrier Safety Administration and state and local governments. These rules are designed to protect the public and could impact the finding of fault in an accident case. For example, it is illegal under federal law for truckers to text message while driving. And, as we reported recently on our Tennessee Truck Accident Lawyer Blog, drivers must follow strict hours-of-service rules that govern how many hours they can remain behind the wheel.
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Published on: January 22, 2011

More Tennessee Traffic Accidents brings Increased Risk of Trucking Accidents in Knoxville, elsewhere

By Mark Hartsoe

The National Safety Council recently reported that motor vehicle deaths for the first 11 months of 2010 are down 4% from the previous year. Most states can lay claim to playing a part in the decrease, but not Tennessee. Motor vehicle deaths have increased in Tennessee.

Knoxville personal injury lawyers understand that an increase in fatal Tennessee car accidents signals a renewed risk of serious or fatal trucking accidents in Maryville, Knoxville and elsewhere in the state. Road Safe America reports large commercial trucks have a higher fatal crash rate than all other vehicles on the road. And as we reported recently on our Tennessee Injury Attorney Blog, significantly more fatal accidents were reported last year in Blount County, including Alcoa and Maryville.

The National Highway Traffic Safety Administration reports that about three-quarters of trucking accident victims are passengers of other vehicles or are non-occupants, such as bicyclists or pedestrians.

The NSC reported 31,740 motor vehicle deaths during the first 11 months of 2010. The U.S. total in 2009 for January-November was 33,180, showing -4% change in deaths. The percent change from 2008 to 2010 was -13%, reporting a total of 36,460 motor vehicle deaths from January-November 2008.

Unfortunately, Tennessee was not one of the states that contributed to the downward trend reported by the NSC. Although the stats are incomplete, Tennessee over the course of an 8 month period reported 679 motor vehicle deaths in 2010. During these same 8 months for 2009, there were 636 motor vehicle fatalities reported.

It’s estimated that a 7% increase occurred between 2009 and 2010. In 2008, 659 motor vehicle deaths were reported during the 8 month period leading to a 3-year change of +3%.

The 2008 Traffic Safety Facts data reported by National Highway Traffic Safety Administration shows a 20% overall increase in passenger vehicle registrations from 1999-2008. Over 25,000 occupants of passenger vehicles were fatally injured in traffic crashes nationwide in 2008.

The estimated annual population death rate was 11.2 deaths per 100,000 people in 2010. The NSC estimates the annual mileage death rate for 2010 during the first 11 months was 1.1 deaths per 100 million vehicle miles traveled. This is a 9% decrease from 2009.

As the death count decreases, however, the estimated costs associated with traffic accidents in the United States continued to rise. up 12 percent to $216.5 billion through November of last year.

Additionally, the NSC now measures nonfatal injuries differently, dictating that it should be all medically consulted injuries as opposed to the more vague “disabling injuries.” It is estimated for January-November 2010 there were 3.1 million motor vehicle injuries serious enough to require medical attention.
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Published on: January 14, 2011

Government aims to Reduce Risk of Tennessee Tractor-Trailer Accidents

By Mark Hartsoe

Our Tennessee tractor trailer accident attorneys are encouraged by the recent introduction of the new Compliance, Safety, and Accountability program by the government.

The new program will help improve safety for commercial trucks and buses.

The U.S. Department of Transportation Federal Motor Carrier Safety Administration launched the Safety Measurement System (SMS) to measure a carrier’s on-road performance. The system tracks safety-based violations, inspections and crash data.

The Obama Administration also worked to ensure a more user-friendly format for consumers to obtain the information regarding which carriers pose a safety threat.

“The CSA program will help us more easily identify unsafe commercial truck and bus companies,” said U.S. Transportation Secretary Ray LaHood. “Better data and targeted enforcement will raise the safety bar for commercial carriers and empower them to take action before safety problems occur.”

The SMS consists of seven safety improvement categories, referred to as BASICs, which measure a carrier’s on-road performance and possible risk of a crash. The categories are: unsafe driving, fatigued driving due to the number of hours on duty, driver health and well-being, controlled alcohol or substance abuse, maintenance of vehicle, cargo, and crash indicators.

The premise behind the program is to detect issues based on the BASICs so that safety issues and prevention can then be addressed. Identifying carriers with a high-risk under these categories is only half the battle. The information then needs to be given to the carriers so that an intervention can be started and unsafe practices can be changed. Possible mediations may include designated roadside inspections or early warning letters to deficient carriers.

The following are a few facts regarding the CSA program:

-FMCSA controls all carriers over 10,000 pounds and/or that carry hazardous waste materials on the interstate.

-Drivers who receive a warning or ticket with their own personal vehicle are not reflected on the SMS.

-Carriers who are looking to hire new drivers can review driver profiles as long as they have the driver’s permission.

-Newly hired drivers do not pass on previous violations to their new carrier. Only new violations by drivers are applied to a carrier’s SMS record.

-There are no current rules in the CSA program that prejudice against drivers with weight issues or a large body mass index.

-There is no registration or mandatory training required for the CSA program.

The government took a step forward in improving commercial truck and bus safety with the CSA program. Increasing carriers’ awareness of the program is the next step to making the highways safer.
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Published on: January 8, 2011

One Killed, One Injured in Washington County, Tennessee Trucking Accident

By Mark Hartsoe

TriCities.com is reporting a Unicoi County woman was killed and another seriously injured in a Tennessee tractor-trailer accident that occurred in Washington County.

Knoxville injury lawyers will note that the initial investigation blames the driver of the passenger vehicle for crossing the center line into the path of the tractor trailer. However, a thorough investigation should always be conducted when a motorist is seriously injured or killed in an accident with a semi in Tennessee.

A truck driver could be determined to have violated hours-of-service rules, may have been text messaging in violation of new federal laws, or may have been under the influence. In other cases, a truck may have not been properly serviced or otherwise be in poor mechanical shape, which could have contributed to the accident.

And Tennessee’s comparative negligence law permits a victim to recover damages, even if it is determined that he or she was partly at fault in the accident. You may also be entitled to seek damages from your own insurance company.

Regardless of fault, the family of the fatally injured passenger may file a Tennessee wrongful death claim against the insurer of whomever is ultimately found to be responsible for the accident.

Trucking accidents in Knoxville, Maryville and throughout Tennessee are complex cases precisely because of the state and federal regulations that govern truck drivers. And because the accidents often lead to multiple victims, competing claims and very serious or fatal injuries. In fact, the National Highway Traffic Safety Administration reports that three-quarters of those injured or killed in trucking accidents were occupants of other vehicles involved in the accident.

In 2008, more than 90,000 were injured and 4,229 motorists were killed in 380,000 trucking accidents on the nation’s roads.
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Published on: December 31, 2010

Hand-held Cell Phone Ban Could Reduce Risk of Tennessee Trucking Accidents

By Mark Hartsoe

There is no doubt that prohibiting truck drivers from using hand-held cell phones would reduce the risk of serious or fatal trucking accidents in Knoxville, Maryville and elsewhere in the state. Tennessee trucking accident lawyers know that distraction is a common cause of tractor-trailer accidents. And, too often, the actions of a careless trucker result in the injury or death of innocent motorists.

We applaud the U.S. Department of Transportation’s proposed new rule through the Federal Motor Carrier Safety Administration, which would prohibit interstate commercial truck and bus drivers from using hand-held cell phones while operating a commercial vehicle.

A similar ban on text messaging became final earlier this year. The Governors Highway Safety Association notes that Tennessee law already bans hand-held cell phone use by school bus drivers and new teen drivers. All drivers are also forbidden from text messaging while driving.

In fact, Tennessee joins 30 other states that have passed text messaging bans by all drivers. Extending the hand-held ban to interstate truckers is the next logical step.

“Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk,” said U.S. Transportation Secretary Ray LaHood. “This proposed rule will go a long way toward keeping a driver’s full attention focused on the road.”

Drivers who violate the new rule would face a fine of up to $2,750 and could face disqualification for a commercial driver’s license for repeat violations. Two or more violations could also result in a state suspension of their driver’s license. Motor Carriers who permit drivers to use hand-held cell phones could face fines of up to $11,000.

About 4 million commercial drivers would fall under the new rule.

“We are committed to using every resource at our disposal to ensure commercial drivers and vehicles are operating safely at all times,” said FMCSA Administrator Anne S. Ferro. “Implementation of this proposal would help make our roads safer and target a leading cause of distracted driving.”

Federal research shows that commercial drivers reaching for an object (such as a cell phone) are three times more likely to crash. Drivers dialing a hand-held cell phone are six-times more likely to be involved in an accident. Many large carriers, including UPS and Wal-Mart, already have company policies prohibiting commercial drivers from using cell phones.

Last year, nearly 5,500 people were killed and 500,000 injured in accidents involving distracted driving, according to the National Highway Traffic Safety Administration.
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