by Jennifer O'Connell | Sep 14, 2018 | Colorado, Trucking Accident
Data Collected by Trucks’ Black Boxes
When commercial truck drivers cause accidents in Colorado, it is important for the injured victims or the families of people who are killed to try to preserve the evidence that is contained on the trucks’ black boxes. Like airplanes, commercial trucks contain electronic control modules or electronic logging devices that record important data about the truck in the moments leading up to the crash that can help plaintiffs prove the fault of the truck drivers. This type of data has the potential to help to strengthen the claims of injured victims or of surviving family members.
The Federal Motor Carrier Safety Administration requires that all commercial trucks have electronic logging devices installed in them. These devices record such information as the speed at which the truck was traveling, whether the driver applied the brakes or the gas pedal, the change in the truck’s velocity after the impact, whether the driver was wearing a seat belt and whether the airbags deployed. They also record when the trucks are in motion and record data about multiple crashes and the time that elapses between them. All of this information can be important in a claim involving a commercial truck. Plaintiffs may be able to use the data to show that the truck drivers did something wrong so their cases are strengthened.
Getting Evidence From Black Boxes
Some electronic logging devices store information about the trucks while others transmit it back to the companies. Because of the possibility of the evidence getting sent to the companies, there is a potential that the companies might alter or destroy the data in an effort to avoid liability. Companies that destroy electronic evidence may face sanctions from the court. It is possible to secure a court order to preserve black box evidence by filing a motion for preservation of the evidence. This can prevent the trucking carrier from altering or destroying the data on the black box of the commercial truck that was involved in the accident.
While black box data is important, there are other types of evidence that can also help to prove liability. An accident reconstruction expert may review the scene and take photographs. He or she may measure any skid marks and complete calculations that might reveal the speeds and positions of the truck and the other vehicles. With strong evidence, plaintiffs are likelier to receive fair settlements.
by Jennifer O'Connell | Sep 7, 2018 | Auto Accident, Colorado
Defective Traffic Signals
Traffic lights in Colorado sometimes malfunction or are defective and cause accidents, leading to questions of liability. When a defective traffic light contributes to the cause of an accident, the municipality in which it is located might be liable. Proving liability may require the help of experts such as accident re-constructionists and civil engineers to demonstrate that the light was defective and malfunctioned, leading to the accident.
Fault When Traffic Lights Cause Accidents
In most car accidents, one or both of the drivers are at fault. When a defective traffic light contributes to the cause of an accident, proving liability may be more difficult. One of the drivers may be partly at fault, but the defective light may also have contributed to the accident. For example, if a light shows green in two perpendicular directions at the same time and a speeding driver strikes someone else who is continuing through the intersection, the driver who was speeding may be partly to blame for the accident, but the malfunctioning light also contributed. This might mean that a resulting claim might exist against both the speeding driver as well as the municipality, manufacturer, and others. An accident reconstruction expert may help by reconstructing what occurred at the accident scene to show that the traffic light malfunctioned and led to the accident.
Municipalities may be liable if the defect has existed for a long enough period of time that it should have reasonably been discovered and they failed to repair it. In one 2013 case in Detroit involving a motorcyclist who was killed after a traffic light malfunctioned, the neighbors reported that the light had been defective for a long time. The city had failed to respond to their complaints about the light despite the numerous reports. In a case in which there is a clear record of numerous reports to a city about defective or malfunctioning traffic lights, but nothing was done, the city may be liable to pay damages to the victims of accidents that result. Other types of evidence that might help claims involving defective traffic lights include witnesses who saw the accidents happen and camera footage if it is available. Statements from people who have filed complaints about the lights and city records of complaints may also be important for proving a claim.
by Jennifer O'Connell | Aug 23, 2018 | Auto Accident, Colorado
Fatality Rate Increases
While the overall number of crash deaths in the United States has decreased slightly, the motor vehicle accident fatality rate has been increasing in Denver, making it one of the highest per capita among large cities. Denver’s accident fatality rate is much higher than the rates of some large cities such as New York and Los Angeles. Several factors, including the improved economy, more people taking to the roads, and riskier driving behaviors, have contributed to the increase.
According to the Denver Post, a study that was conducted of 23 large cities found that the city’s fatality rate was higher per capita than the rates in cities like New York, Los Angeles, Chicago, and Washington, D.C. On the list, the higher-ranked cities had the lowest traffic fatality rates. While Denver was ranked at 17 out of 23, Washington, D.C. was ranked at number one, demonstrating that it is safer despite its larger population. In Colorado, 642 people lost their lives to car accidents in 2017, the highest number in over a decade. In 2016, there were 208 crash fatalities.
Contributing Factors
There are several reasons that traffic deaths have been increasing in Denver. Improvements to the economy have led to a lower unemployment rate, meaning more people are on the roads commuting to and from work. More people are also able to take road trips because of the economic improvements, making them likelier to be involved in accidents. Another factor that has contributed to the increase in traffic deaths is engaging in risky driving behaviors such as distracted driving. Many drivers continue to talk and text on their phones while they drive despite prohibitions against the behavior. Modern cars also have other distractions inside such as infotainment systems that can divert the attention of the drivers away from the road.
Avoiding Accidents
Motorists can help prevent car accidents by keeping their attention on the roads and the traffic around them at all times. They should avoid engaging in any distracting activity while they drive, including using their phones, adjusting their electronics or looking at maps. Drivers should never get behind the wheel after they have been drinking or when they are drowsy. People should also follow the traffic rules and drive defensively.
by Queener Law | Aug 16, 2018 | Auto Accident, Colorado, Kentucky, Tennessee
Impact of Loud Music
Listening to loud music can negatively impact a driver’s reaction times and driving abilities. Studies indicate that listening to certain types of music can reduce driver aggression and stress, but tempo, volume, and type may play a significant role in driver performance. If drivers are distracted by loud music, they may fail to react in time to avoid accidents, drift into other lanes and collide with other vehicles or pedestrians, or fail to hear emergency vehicles approaching. Researchers found that listening to music can cause teenage drivers to drive inattentively in a study that was conducted at Ben-Gurion University of the Negev in Israel. In the study, the researchers recruited 85 teen drivers who were ages 17 and 18 to drive specially wired cars along 40-minute routes with driving instructors. During some of the drives, the teens either didn’t listen to music or listened to soundtracks that had been created by the researchers to encourage safe driving. In two of the drives, the teens were told to bring their own playlists of music from home to listen to while they drove.
While the teens reported that they felt better when they drove while listening to their own music, they exhibited multiple problematic driving behaviors. They turned the volume up much higher when they listened to their own music. The driving instructors noted that the teens were likelier to weave in traffic, speed, and drive aggressively when they were listening to their own music. All of the drivers committed three or more driving errors when they listened to their own music at high volumes. The researchers noted that teen drivers are less able to process auditory and visual information simultaneously and that listening to music can be distracting to them. More experienced drivers may not be as distracted by listening to music when they drive. A study demonstrated that older drivers who listen to music while they drive may actually display improved driving behaviors. The researchers in that study posited that drivers might need some form of stimulus while they drive to prevent boredom. While the volume, tempo, and type of music can impact driver response times, distraction levels, and overall performance, it is still unclear which factors affect driving the most.
by Queener Law | Aug 9, 2018 | Colorado, Kentucky, Tennessee, Trucking Accident
What is Relay Trucking?
Relay trucking could be the answer to improving truckers’ work/life balance, preventing accidents, and saving lives. According to the FMCSA and NHTSA, fatigued and overworked drivers cause most commercial truck crashes. The FMCSA requires drivers and carriers to observe implemented hours of service regulations. Even with those limits, drivers often work long shifts with few or no breaks and are under pressure to meet deadlines are more prone to causing accidents. Truckers who engage in point-to-point, full-truckload freight loads have a tough job. They stay with the freight from the time it has been loaded on their rig until they reach the load’s destination. The truckers spend long hours on the road and often days away from their homes and families. The FMCSA requires drivers to take breaks, and their rigs are outfitted with electronic monitoring to keep track of driving and rest hours. However, driver fatigue still happens.
Less-than-full loads use a hub and spoke system where trucks are changed at different hubs along the freight’s journey. But this method is too costly and time-consuming for full loads. However, relay trucking, a new approach suggested by researchers at Oregon State University could improve the quality of life for truckers and save lives. This new method would rely on a large-scaled mixed fleet dispatching system. With relay trucking, the length of a trucker’s full-load trip could be reduced by 66 percent without delaying the delivery process. While a driver gets the rest he needs, another driver along the relay route would take over at the specified relay point and take the load to the next relay point and so on until the destination is reached. Theoretically, this method could be more efficient because the freight is constantly moving, shortening delivery times.
Relay Trucking Can Help Save Lives
According to the IIHS, in 2016, 3,986 people died in large truck accidents. Other drivers or passengers on the road accounted for 66 percent of those deaths. Truckers are required to comply with federal regulations of driving no more than 11 hours at a stretch, but some violate the law and go longer than 11 hours. This increases their risk of causing an accident from driver fatigue. Relay trucking would reduce the number of hours a trucker would drive, reduce driver fatigue and help save lives.
by Queener Law | Jul 20, 2018 | Colorado, Kentucky, Personal Injury, Tennessee
Problematic Plane Inspections
FAA safety inspectors may have improperly approved thousands of aircraft for commercial operation without first reviewing the exemption limitations that could cause them to be prohibited. A whistleblower made a report to the Office of Special Counsel, which requested that the Federal Aviation Administration conduct an investigation. The investigation found that more than 11,000 planes that should have failed their inspections were passed by the inspectors, endangering the public.
According to the whistleblower, the safety inspectors regularly approved planes to fly without reviewing critical safety information about the planes, passing many that should have failed their inspections. Some planes that were passed had rear exit doors that were nearly inaccessible, which could mean that passengers on the plane could be trapped in the case of a crash. Many planes that were passed had expired registrations at the time of their inspections. A number of planes that were no longer registered continued to be operated for flights.
Findings of the FAA
The FAA conducted its investigation and reported its findings to the Office of Special Counsel. It substantiated the report that the planes were passed despite having inaccessible exit doors. According to the FAA, some of the planes had interior doors installed that blocked people’s access to the rear exits. The planes are only permitted to have those interior doors if they have locking mechanisms installed that prevent the doors from becoming closed. However, many of the planes did not have the locking mechanisms installed and were still allowed to fly. The FAA also substantiated the whistleblower’s report that some planes were allowed to continue flying despite having expired registrations in violation of the FAA’s safety regulations.
Corrective Actions
The FAA recommended a number of corrective actions, including the development and implementation of a corrective action plan that includes specific due dates. It also recommended clarifying any exclusions or limitations that are included in the FAA manual to make certain that inspectors look for the locking mechanisms and to fail passenger planes that don’t have them. It also recommended that the registration system is updated and that planes that are expired are not passed.
