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.
by Queener Law | May 20, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
According to the United States Department of Transportation, larger, heavier trucks are associated with a higher risk for serious large truck accidents than smaller, single trailer trucks. Not surprisingly, law enforcement officials, safety leaders, elected officials and even individual truck drivers themselves agree. In fact, a recent poll reveals that an alarming 95 percent of law enforcement officers who were surveyed feel that longer, heavier trucks will be more dangerous. Additionally, an estimated 88 percent of individual truckers who were asked believe that the increased use of larger trucks will negatively impact the safety of America’s roadways.
Large Truck Weight Limits
Large truck weight regulations have been the topic for debate for decades, and in September of 2015, the Safe, Flexible and Efficient Trucking Act was introduced to the House. Fortunately, the amendment that would have raised large truck weight limits to an alarming 91,000 pounds was rejected. Because heavier trucks are more difficult to steer, can become top-heavy and more prone to rollovers, and take a longer distance to stop, the added weight could have posed significant dangers to everyone on the road. Additionally, the heavier trucks would have caused more damage to the roads than the typical 80,000 pound trucks do, causing poor infrastructure that would endanger the lives of motor vehicle operators and their passengers. Sadly, in an effort to transport an increased amount of cargo, many trucks continue to be overloaded, exceeding the federal weight regulations.
Extending the Length of Twin-Trailers
The weight of large trucks isn’t the only issue at hand, however. The Coalition for Efficient & Responsible Trucking (CERT) supported a proposal to increase the maximum length of twin-trailer semi-trucks last year as well. Current regulations allow double-trailer rigs to have trailers that are a maximum of 28 feet long. Advocates aimed at increasing that length to 33 feet to increase the amount of cargo that truck drivers could transport in a single trip. While it is true that the legislation would have likely resulted in fewer trucks being on the nation’s roads, the dangers associated with the longer trucks significantly outweighed the benefits of less congestion.
Smaller cars and pedestrians can already be difficult for truckers to see, and longer trailers would only make that worse. Passing and merging would become more difficult, and the added trailer length would cause these trucks to have a 22-foot longer stopping distance. Fortunately, the language to lengthen twin-trailers was not approved.
by Queener Law | May 14, 2016 | Tennessee, Trucking Accident
Recently, Tennessee was named the best state to own a small trucking company, in part because of its lenient trucking regulations. While federal regulations dictate certain requirements for trucking companies, regulations differ from state to state.
Tennessee Trucking Law
The recent survey that placed Tennessee at the top of the list for best states to own a small trucking business considered several factors, along with regulations, including friendliness to truck drivers and overnight parking fees. Favorable regulations, however are a big reason that truckers flock to Tennessee.
State law regulates much of the trucking industry. For example, no commercial vehicle may weigh more than 80,000 pounds. Trucks may also be no taller than 13 feet, six inches and no wider than 8 feet.
Tennessee law also regulates commercial driver license issuance. Trucking companies must ensure that each of their drivers has a current commercial driver license, along with a valid medical card.
In comparison with regulations in other states, Tennessee’s laws are fairly lax. In California, for example, certain laws that cap emissions and limit driving hours are pushing trucking companies toward states like Tennessee. Carriers in California are required to givea paid 30-minute meal break for every five hours on the clock and a paid 10-minute break for every four hours behind the wheel.
Though Tennessee law accounts for many trucking regulations, federal trucking industry rules trump local requirements, when a conflict arises. These federal laws regulate interstate trucking and determine things like the amount of hours that a trucker can drive before resting and which records must be kept.
Any truck driver or trucking company that violates either Tennessee or federal law may be found liable for any injuries or deaths that they are responsible for.
Truck Accidents and Liability
When a truck driver or the company that they work for does not comply with state or federal regulations, they could be found liable if an accident occurs. In Tennessee, a crash victim must prove that a defendant breached a legal duty for them to be found negligent. Once a victim determines that a driver or company’s negligence caused his or her injuries, they may be eligible to receive compensation. Victims may consult with semi truck accident attorneys to determine if filing a lawsuit is warranted, and if a driver or trucking company violated state or federal trucking laws.
by Queener Law | May 7, 2016 | Tennessee, Trucking Accident
The Department of Transportation (DoT) budget is at the center of a storm of criticism in Washington, DC. The bill provides necessary funding to the DoT, but includes problematic language that eases restrictions on the hours of service for truck drivers, according to a Nashville truck accident attorney. Debate over trucking industry regulations is nothing new; however, a steady rise in serious accidents and fatalities involving trucks make this debate more visible.
Role Of The Federal Government
Regulation of interstate commerce is one of the enumerated, or defined powers in the Constitution. The federal government has the right to pass and enforce laws that involve trade across state lines; otherwise there would be hundreds of different trade laws in the country.
Since 1966, regulation of the trucking industry has been the responsibility of the Department of Transportation, and its newer sub-cabinet department, the Federal Motor Carrier Safety Administration (FMCSA). These two bodies perform periodic inspection of trucking companies and enforce the safety regulations established by Congress. Congress also plays a role by allocating the DoT budget each year.
Failure to agree on the FY 2017 budget is the result of five important disagreements.
Speed Limiters
A Nashville truck accident attorney knows that speed is commonly the reason why a fender bender becomes a serious accident. The Senate wants the DoT to mandate speed limiters on all heavy trucks. The limiters would reduce the maximum speed for semi trucks, and include huge fines for drivers or carriers who try to get around the regulations. The limiters will lower the accident rate, but their installation will cost owner-operators and small trucking companies thousands of dollars, costs which will be passed to consumers.
Hours Of Service
The most hotly contested regulations of the trucking industry are the federal hours of service guidelines. In general, the rules state that drivers cannot work more than 14 consecutive hours without a 10 hour rest period, and they cannot drive more than 11 hours in that period. Drivers are also limited to 60 hours in a week. Safety organizations argue the hours of service guidelines keep fatigued drivers off the road, while drivers and trucking companies argue that forcing drivers to take mandatory break periods limits their ability to earn a living. The current push is to raise the hours of service limit to 82 hours, with the elimination of the restart period.
Restart Period
Long-haul truck drivers spend weeks on the road at a time, and a Nashville truck accident attorney knows that the longer the driver stays on the road, the greater the chance of an accident. The restart provisions were designed to force long-haul drivers to take an extended 34 hour break to “restart” their weekly driving clock. Lobbyists want the restart period removed from DoT guidelines in order to encourage drivers to keep moving every day.
Truck Size And Weight
Often overlooked by the public, the discussions about the size and weight of trucks have very real consequences for public safety. The federal weight limit is 80,000 pounds, with a limit of 28 feet per trailer. The trucking industry wants to increase the weight to 88,000 pounds, and increase the length of trucks to 33 feet. The changes would allow a single truck to more than double its carrying capacity, but the increased weight and length would make the ability to stop even harder.
Driving Age
Because trucks moving across state lines are under the jurisdiction of the DoT, the federal government sets the driving age for commercial trucks. In November 2015, the House passed a bill that lowered the driving age for interstate carriers from 21 to 18. At the state level, the commercial driving age has been 18 for several years, but the federal restriction pushed many potential drivers away from lucrative long-haul jobs. Trucking companies are facing a severe shortage of long-haul drivers, and they believe lowering the age will fill the gap. Opponents point to CDC data that shows drivers in their late teens have a disproportionate number of accidents and fatalities, often due to inexperience and immaturity. Placing younger drivers behind the wheel of a semi as a long-haul driver would greatly increase the risk of highway fatalities.
Beginning in mid-2015, Congress considered a series of measures that rolled back or eliminated safety measures in the trucking industry. The industry’s lobbyists claim the changes were necessary because of work shortages and increased pressure to make deliveries on time. Opponents of the new rules, from victims groups to state lawmakers, down to a Nashville truck accident attorney, believe the changes unfairly put the public at risk.
The debate in Congress is on hold until the members return in mid-May. When they do, almost every Nashville truck accident attorney expects some loosening of truck driving regulations, and more accidents.
