by Queener Law | Jun 20, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
According to Virginia State Police, 38-year-old Felimon V. Aizpuro II and 50-year-old Debbie S. Huffman both died in a dump truck backover accident at the intersection of routes 11 and 340 in Augusta County during a highway maintenance project. Huffman was killed instantly. Aizpuro died of his injuries a short time after medical help arrived on the scene. The accident occurred at approximately 3:30 p.m. when visibility was good. Investigators say another worker apparently motioned to the driver that the path was clear for him to back up and drop his load of asphalt. All persons involved worked for the same paving company.
A common tragedy on job sites
The Bureau of Labor Statistics reports that 443 struck-by deaths occurred at highway construction sites from 2003 to 2010. The bureau estimates that 143 of those fatalities were due to backover accidents. Seventy workers were killed in backover accidents in 2011. Backover accidents happen for a variety of reasons. A truck injury lawyer can advise people who have lost a loved one due to a backover accident on their rights and the best course of action.
How do backover accidents happen?
All trucks and other heavy equipment used on job sites should have backing alarms that sound automatically when the equipment is in reverse. These alarms are sometimes drowned out by other worksite noises. Some fatalities occur due alarms not functioningproperly. Workers on foot should wear high-visibility personal protective equipment, but truck drivers may not be able to see workers in their blind spot. Drivers rely on spotters to assure them the path is clear before backing up. If the designated spotter is distracted or busy with another truck, drivers may assume the area is clear or call upon a worker who is not trained to direct heavy equipment. Some backover accidents are due to a combination of factors.
Preventing backover fatalities
The Occupational Safety & Health Administration (OSHA) has established a number of standard operating procedures. Proper education of all personnel on the high risk of backover accidents is crucial. People on foot may not be aware of a truck driver’s blind spots. Video cameras with in-vehicle display monitors offer another way drivers can see what is behind them. Proximity detection devices can alert drivers if they are close to a person or other object. At the start of each shift workers should inspect equipment and review verbal and non-verbal communication signals.
by Queener Law | Jun 20, 2016 | Tennessee, Trucking Accident
After three tractor trailer trucks were involved in rollover accidents in a span of just weeks at the I-40/ I-24 split in Tennessee, the Department of Transportation has decided to take action. Although engineers for the Tennessee Department of Transportation (TDOT) have been evaluating the location of the recent truck crashes, Kathryn Schulte with the TDOT reports that there is no indication that there is a problem with the engineering of this busy downtown loop. In an effort to help prevent future semi-truck rollovers at this location, however, new warning signs have been installed along both sides of the curve along Interstate 40 East. The signs warn truckers of the tip-risk, and emphasize the need to operate at a safe speed when traveling through the curve. According to police, excessive speed was a factor in at least one of the crashes that occurred in June.
According to the Federal Motor Carrier Safety Administration (FMCSA), approximately 9 percent of all large truck crashes involve a rollover. Additionally, an estimated 300 large truck occupants are killed and another 3,000 are injured every year due to semi-truck rollovers. Rollover accidents involving large trucks are some of the most dangerous types of truck wrecks there are, often severely injuring or taking the lives of surrounding motorists, bicyclists and pedestrians.
Common Causes of Large Truck Rollovers
While semi-trucks can rollover for a variety of reasons, some of the most common are:
- Speeding: A report published by the Association for the Advancement of Automotive Medicine states that speed is the leading cause of rollover wrecks. The National Institutes for Health (NIH) reports that speed is a factor in at least 45 percent of all large truck rollovers.
- Curves: Curves in the road are the second most common reason for truck rollover crashes. Sharp bends and sweeping curves, especially at entrance and exit ramps, are high-risk areas for large truck rollovers. According to the FMCSA, however, it is actually driving at an excessive speed around curves and bends that makes these areas more dangerous. Reports indicate that curvy roads are involved in approximately two-thirds of speed-related rollovers.
- Loads: Overloaded trucks, unbalanced loads and improperly secured cargo are associated with a large number of semi-truck rollover wrecks as well. Improperly loaded trucks are often top-heavy, experience significant weight shifting, and are difficult for truckers to maneuver.
by Queener Law | Jun 17, 2016 | Tennessee, Trucking Accident
The Mine Safety and Health Administration reports that certain accidents occur repeatedly on U.S. haul roads. These are very often fatal to the truck operators.
According to the Mine Safety and Health Administration (MSHA), 442 fatal mining accidents were investigated in a five-year time period. Of these, 121 or 27 percent, involved surface haulage trucks.
As the most common type of machinery involved in surface accidents, haulage trucks are involved in fatal crashes. Vehicles include over-the-road trucks, front-end loaders, ore carrier trucks, utility trucks, water trucks, forklifts, cherry pickers and mobile cranes.
Certain types of accidents occurred repeatedly. These included:
- haulage trucks going out of control
- trucks driving over dump points
- trucks experiencing serious mechanical defects
The MSHA reviewed numerous truck accidents and found factors that caused haul road accidents: defective equipment, driver error, overloading and steep grades.
Henry Queener, a Nashville semi truck accident lawyer, explained, “It’s clear that drivers are driving too fast, not wearing seat belts or are operating overloaded vehicles. There are cases where the road grades are too steep, safety measures are not being followed or trucks are not being maintained properly, like having faulty brakes.”
Attorney Queener continued, “Large industrial equipment is striking workers down and colliding with other vehicles. The work is dangerous.”
An 18-year-old miner was working with three weeks’ experience. He was fatally injured when he lost control of his water truck that was converted from a drill truck. His truck had a 3,560 gallon tank and was traveling on a haul road with a 8.43 percent grade. His death was attributed to his inexperience and inadequate training, along with faulty brakes and transmission.
Another occurred on an 11 percent downgrade. Three of the vehicle’s six service brakes had no braking. Grease was found on the brake linings. The remaining service brakes had brake drums that were larger than the allowable diameter. The truck was also overloaded, being 30,000 pounds over its manufacturer’s maximum gross vehicle weight.
When workers are injured or killed, the parties involved should contact semi truck accident lawyers.
by Queener Law | Jun 10, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
Drowsy truck drivers are a dangerous and deadly threat to public health. It’s estimated that truck crashes cost the US economy roughly $99 billion a year in the form of lost wages, lost commerce, and expensive medical bills. It is estimated that roughly 30% of fatality, and 15% of injury crashes involving large trucks are caused by truck driver fatigue.
Fatalities are Rising
In 2013, 3,964 individuals were killed in accidents involving large trucks. 586 of these fatalities were truck drivers or their passengers. These statistics show that when a large truck is involved in an accident, it’s the occupants of the smaller passenger vehicle that are at the greatest risk. The fatality rates are increasing and 2013 was the fourth year in a row that they rose.
Driver Shortage Exacerbates Problems Caused by Fatigue
Fewer drivers mean companies are requiring more and more drive time from their drivers. Large trucking companies have been reporting up to 90% turnover every year since 2012. As the hours get longer, and the hauls even further, more and more drivers are leaving the industry. As of now, it is estimated that there is a shortage of drivers exceeding 35,000. This means that more and more companies are hiring inexperienced drivers to fill slots vacated by more experienced drivers. The more inexperienced the driver, the greater the likelihood that they will be involved in an accident involving fatigue, driver error, or other cause that a seasoned driver may not make.
Trucks are Disproportionately Dangerous
The NTSB estimates that trucks account for less than 10% of all road miles driven each year. However, they are involved in approximately 1 in 8 fatality accidents. 7% of drivers self-report having fallen asleep at the wheel, and a total of 13% report fatigue as a contributing factor to crashes they have been involved in. When driver fatigue is combined with crowded highways and busy intersections, it is other motorists who pay for the driver’s lack of sleep. Even minor fatigue can cause significant loss of focus and inattention to the road that can cause an accident.
Individuals who have been involved in an accident involving a semi-truck driven by a fatigued driver should contact a semi-truck accident lawyer. When a fatigued truck driver causes an accident, they are responsible for the physical injuries and property damage, as well as the loss of income, companionship, and quality of life that their lack of sleep leads to.
by Queener Law | Jun 1, 2016 | Tennessee, Trucking Accident
In late April, a semi casually rolled into a home in Greenbrier. The driver left his rig unattended to visit a family member. No one was killed, but a home was destroyed and had the timing of the incident been different, the outcome could’ve been far more disastrous.
On the surface this seems more to do with bad driving habits than laws or oversight. However, gaps in both regulations and oversight lead to scores of similar incidents each year. Tennessee truck accident lawyer Henry Queener has handled numerous cases where he thinks improved enforcement would make a difference.
“The problem isn’t always the drivers or their habits,” Queener says. “We find profiteering by large trucking firms and a lack of funding for officials to oversee code enforcement, safety checks and other vital functions codified in law is what causes harm.”
According to CDC publications for 2015, truck drivers were the most likely candidates for on-the-job deaths, with 65% of those deaths happening as the direct result of a truck accident in 2012. NTSB data shows truck involvement in nearly 25% of accidents in work zones, and as many as one in eight fatal accidents on American roads. Tennessee truck accident lawyers know 119 people died in truck accidents here last year.
Technology to alert drivers to road hazards, remind drivers of important maintenance and vehicle operations issues, and track the activities of truckers exists, but is rarely used on big rigs in America despite it’s prevalence elsewhere. Truck accident lawyers agree that though mandating the technology used in Europe to keep truck accidents from happening seems attractive, it is costly. “More effective enforcement of existing regulations would be a good start toward safer roads for all,” says Queener.
by Queener Law | May 26, 2016 | Tennessee, Trucking Accident
TDOT Crew Member Killed After Semi Veers Off Road
A Tennessee Department of Transportation worker was killed on I-40 when a semi truck veered off the road and hit him. 65-year-old David Younger died as a result of his injuries. Younger was with a crew of three TDOT trucks when the accident occurred. The crew had pulled over to repair a flat tire on one of the trucks. Two other TDOT employees were injured in the wreck, as was the driver of the semi.
Crews Face Dangerous Job
Eighteen people died in work zone crashes last year, including four TDOT workers. Over 100 TDOT workers have been lost in the line of duty since 1948. These workers are honored each year with special displays in Chattanooga, Knoxville, Memphis and Nashville.
To ensure that drivers and workers are safe in work zones, drivers are encouraged to:
- Avoid texting or tweeting while driving.
- Avoid adjusting the radio.
- Be aware of workers and equipment.
- Obey all posted speed limits and caution signs.
Move Over Law Violated
Lt. Bill Miller with the Tennessee Highway Patrol stated that the I-40 crash was under investigation because the driver of the semi violated the Move Over Law. The Move Over Law was initially enacted in 2006 and required motorists to move over to an adjacent lane or slow down when passing stopped emergency vehicles. The law was expanded in 2011 to include utility service equipment.
The accident had a profound effect on the workers involved. David Younger left behind his wife of over 40 years, and two children and grandchildren. Accidents involving semi truckscan be caused by driver negligence, speeding, overloaded trucks and many other factors.
It is important to contact a semi truck accident lawyer as soon as possible if a crash occurs. Truck companies have considerable resources available and a victim or the victim’s family should act quickly to ensure that necessary evidence is obtained.
Keeping a Safe Working Environment
All workers deserve to have a safe working environment. The Move Over Law was put in place to help ensure safety for TDOT workers, emergency workers and other personnel. Violations of this law and negligence of drivers can have a lasting impact on workers and their loved ones. Drivers should buckle up, put down the phone, and slow down in work zones.
