by Queener Law | Jan 5, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
For many years now, tow truck drivers across the nation have been reluctant to upgrade their equipment to enable them to provide towing services for big rigs, cement trucks and other large, heavier vehicles. They would often cringe at the mere thought of being dispatched out to accidents and emergencies involving semi-truck and similar vehicles even if they did have the equipment that was necessary to provide service. This is largely due to the knowledge that they would likely end up facing massive fines resulting in thousands of dollars of added expenses for their company if they were caught operating their truck overweight.
Fortunately, things are about to change. A bill, commonly referred to as the Fair Tow Act, which was proposed in July of 2014 by U.S. Rep. Chuck Fleischmann, R-Tenn, will soon make it legal for tow truck operators to operate their trucks over the federal maximum weight limits on federal roadways as long as they are moving a large truck or other heavy piece of equipment away from the scene of an accident or emergency situation.
According to Fleischmann, the two main goals of the Act is to first, provide tow truck operators with the incentive to assist with removing these massive vehicles from roadways where they could cause additional dangerous accidents and possible injuries, and secondly, to get these broken down heavy vehicles out of harm’s way. The potential for heavy fines has been a deterrent to tow truck companies in the past, especially for smaller trucking companies who could be devastated by such costs.
The Fair Tow Act was initially introduced to the house as a stand alone bill, but was eventually incorporated into the high profile FAST Act long term highway and transportation funding act that has been making headlines for weeks. The inclusion of the Fair Tow Act into the well known highway act will have no bearing on the language of the measure, it will simply expedite the Act’s approval.
An approach by officials at Miller Industries, an internationally known manufacturer and supplier of tow trucks and equipment headquartered in Chattanooga, is what prompted Fleischmann to bring the proposal before his Congressional colleagues. According to William G. Miller II, president at Miller Industries, the company is frequently a voice for the towing industry, which is predominantly made up of small companies and entrepreneurs. According to Miller, trucks and other types of equipment have progressively gotten larger and heavier, and in response tow truck companies and owners have been pushed to buy or build larger trucks and mechanisms that can haul them. While some companies have attempted to use smaller trucks and lighter equipment to ensure that they are in compliance with weight limits, doing so can pose even more dangerous risks because of the lack of breaking capacity.
The Fair Tow Act is not a free ticket for tow truck drivers to haul large trucks and other heavy equipment in excess of weight limits on federal roads at will. It simply protects tow truck owners from receiving massive fines for removing heavy vehicles and equipment from accidents and emergency situations. As an added note, tow truck drivers will be required to drop heavy loads at the repair station nearest their location. Long hauls and those that are planned will still require that the company obtain special permits to be in compliance with the law.
Tow Trucks Will Not Be Exempt from Other Trucking Laws
Tow trucks will not be exempt from most other laws that pertain to the safety of large trucks. Anyone that uses a “commercial vehicle” to conduct business on the roadways is considered to be a motor carrier, and in most cases, tow truck drivers are included. While the FMCSA governs interstate truckers, drivers should be aware of state specific regulations in order to maintain safety as well. The key areas that these regulations focus on are:
- Carrier credentials
- Driver’s licenses and driver qualifications
- Drug testing
- Vehicle parts, accessories and maintenance
- Hours worked
- Vehicle inspections
If the tow truck driver is operating in support of an emergency or accident, however, some or all of the regulations do not apply. In the case of towing, a qualifying emergency includes:
- Any request from a law enforcement officer to assist with removing a vehicle or equipment from an accident or removing a disabled vehicle from traffic
- Operating in support of a declared disaster.
- Drug and alcohol still apply
To simplify things, when a tow truck driver is operating under normal tow truck driving conditions and not under one of the circumstances listed above, he or she is subject to the same rules and regulations that would apply to a commercial vehicle and driver.
by Queener Law | Dec 27, 2015 | Tennessee, Trucking Accident
Each year, approximately 4,000 Americans lose their lives due to accidents with big rigs. An additional 85,000 are injured. Since 2009, the number of fatalities involving large truck accidents has risen a disturbing 17 percent, while injuries have risen an alarming 28 percent. As the number of trucking accidents continues to rise, lobbyists have been pushing for more relaxed trucking laws.
While the trucking industry’s wish list included allowing drivers who are under the age of 21, significantly longer and heavier trucks, and more allowable drive time, truck safety advocates claimed that the proposals were simply the trucking industry’s attempts to use Congress to achieve more dangerous policies. According to Nashville truck wreck attorney Henry Queener, “Many truck accidents are due to the lack of driver training, overloaded trucks, and fatigued drivers. These proposals would have increased the risk for all three.”
FAST Act: The Final Bill
The first week of December, the proposals above were finally omitted from the FAST Act, which is the first long-term transportation bill passed by Congress in more than a decade. Instead, the more than 1,300-page document contains other, more safety conscious regulations for the trucking industry.
- CSA Reform: The bulk of the information currently reported by the Compliance, Safety, Accountability system’s Safety Measurement System will no longer be viewable to the general public until the government is able to evaluate and fix the issues at hand.
- Drug Testing Reform: Employers will now be able to perform hair tests in lieu of urine tests once guidelines are established.
- Detention Time: The FMCSA will study and report on the impact of shipping and receiving delays.
- Insurance: The FMCSA will also study liability insurance minimums. Currently, carriers are required to hold $750,000 in liability insurance.
by Queener Law | Dec 21, 2015 | Colorado, Kentucky, Tennessee, Trucking Accident
The number of fatal accidents involving large trucks is on the rise in the United States, and federal investigators believe that a growing number of these accidents are caused by big rigs continuously traveling at speeds that are faster than their tires are rated for. Between the years of 2009 and 2013, there were approximately 14,000 fatal accidents across the nation that involved large trucks or buses. Of those, 223 were related to large truck tires.
Earlier this year, an investigation by the National Highway Traffic Safety Administration (NHTSA) revealed that multiple Michelin tire blowouts were caused from the lack of maintenance and large trucks traveling at high rates of speed. An increase in maximum speed limits in various states is partially to blame. According to the NHTSA, most truck tires are rated at 75 mph., and no truck tire is rated at higher than 81 mph. At this time, 16 states have maximum truck speed limits of at least 75 mph., and four states have set their maximum speed limits to 80 mph. Since 2009, injuries caused by large truck accident have risen an alarming 28 percent, while the number of fatalities has risen a disturbing 17 percent.
While the American Trucking Association (ATA) has been warning the federal government of the issue for years, and have requested that special electronic limiters that would cap a truck’s top speed at 65 mph. be required, the issue has yet to be resolved. According to the NHTSA, a new rule is being developed that will require the electronic limiters. At this time, only 70 percent of trucking companies limit the speed of their truckers. According to truck injury lawyer Henry Queener, “Lowering the maximum speed for truckers is not just an effective solution for the tire blowout epidemic, it will reduce the number of accidents caused by driving at excessive speeds as well”
by Queener Law | Jul 27, 2015 | Auto Accident, Tennessee
Poor road conditions create unsafe circumstances that contribute to serious and fatal collisions. Roads riddled with potholes and cracks severely damage cars, decreasing their operational efficiency and raising the risk for accidents.
According to an analysis from TRIP, a national transportation research group, United States’ roadways are in such poor condition that they cost the average American driver $515 a year in extra repairs, gas, insurance, and accidents. The primary funding source for streets and highways comes from the states. However, they are also heavily reliant on the federally-funded Highway Trust Fund which is quickly becoming insolvent. Moreover, Congress is thus far unable to agree on a long-term fix to keep the Fund solvent. Congress passed a temporary fix on July 31, 2014, which temporarily prevented insolvency, however, no long-term plan has been implemented.
Overview of the Problem and Cost to the Average Driver
Poor road conditions are present in all 50 states and the District of Columbia. According to TRIP, 28 percent of all U.S. roads are in “poor” condition. A “poor” condition designation means that the road is pitted with so many potholes, ruts, and cracks that it must be completely rebuilt (i.e., repaving is an insufficient fix).
The state of decay varies wildly from state to state. For example, 92 percent of roads in Washington, D.C. are rated “poor.” The next highest is California in which 51 percent of the roads are “poor,” followed by Rhode Island, New Jersey, New York, Washington, Wisconsin, Oklahoma, and Michigan. Luckily, Tennessee has some of the best roads in the county. A mere 11 percent are rated “poor.”
The cost of driving on these roads is similarly, widely varied. California, the District of Columbia, Oklahoma, and four other states can all expect to pay over $600 a year in additional costs. Conversely, Tennesseans pay less than $300 a year due to bad roads.
How did it come to this?
The primary funding source for the Fund is the gasoline tax. However, Congress did not peg it to inflation and has not raised it since 1993. The result is steadily declining tax revenue for the Trust Fund. Raising taxes is difficult because voters immediately internalize the cost of the tax but do not appreciate the long-term effects like car accidents and repairs to their vehicles that are due to poorly maintained roads.
by Queener Law | Apr 27, 2015 | Auto Accident, Tennessee
Since their installation in October 2006, red-light cameras in Gallatin, Tennessee, are reported by local law enforcement to have reduced car crashes at four busy intersections by approximately 35 percent. The Tennessean states that despite their success, certain lawmakers would like to do away with the cameras. Opposition efforts involve a revised version of the Tennessee Freedom from Traffic Cameras Act, which would ban the cameras and extend the yellow light to six seconds. A car accident lawyer in Tennessee may understand Gallatin law enforcement’s belief that banning the cameras could lead to more accidents.
Fewer accidents
According to a study from the Insurance Institute of Highway Safety, 683 people were killed and 133,000 injured in the U.S. in 2012 because someone ran a red light at an intersection. The study shows that this type of deadly crash was reduced 24 percent in larger cities that implemented the cameras. All other types of collisions at intersections saw a reduction of 17 percent.
Cameras save lives and livelihoods
While the costliest consequence of an auto accident may be loss of life, other damages can create significant hardship as well. Injury accidents may result in the following:
- Pain and suffering
- Lost time from work
- Loss of quality of life
- Property damage
The Police Chief, a law enforcement publication, states that the presence of red light cameras has been shown to deter red-light running, which leads to fewer fatal or injury accidents.
What they do
Typically, digital cameras are placed at intersections so that they point inward toward traffic. According to the Federal Highway Administration, induction loop triggers are placed under the road at the stop line. A computer is wired to the camera, to the traffic signal and to the trigger. When a car runs a red light, the computer responds to the trigger and tells the camera to take two pictures of the vehicle, one at the intersection and one halfway through the red light. Police Chief Magazine states that cameras do what is not generally possible for most law enforcement departments: they provide 24/7 surveillance. A car accident lawyer in Tennesseeunderstands that this may prevent fatalities and injuries from intersection collisions.
Bill would ban cameras
Lawmakers who oppose the cameras argue that the practice may be more about profit than safety. However, law enforcement believe the red-light cameras save lives. If you have sustained injuries from a crash at an intersection or have lost a loved one to a collision, a car accident lawyer in Tennessee may be able to help you recover damages.
by Queener Law | Apr 23, 2015 | Auto Accident, Tennessee
As the winter snow and ice melts away, motorists become less concerned about driving through snowstorms and blizzards. Although spring brings warmer weather, it also creates new driving hazards that motorists should take into consideration. A car accident attorney in Tennessee understands that there are many things to keep in mind while navigating the thawed Tennessee roadways this spring. Here are three of the most common concerns:
- Wet roads
April showers can make for wet roads. The Federal Highway Administration reported that wet pavement was responsible for 74 percent of all weather-related car accidents in the nation from 2002 to 2012. Not only does wet weather make it hard to see, accumulated water is slick and can cause cars to hydroplane. When water builds up on the road, it can cause a loss of traction between the street’s surface and the vehicle’s tires. This can trigger the car to slide and skid when the driver attempts to stop, according to esurance.
Speeding and worn tires can increase the risk of a hydroplaning incident, a fact known by a car accident attorney in Tennessee. Motorists should make sure that their tires have good tread, avoid speeding and never use their cruise control when traveling in the rain.
Motorists should also make sure that their windshield wiper blades are in good working condition. Windshield wipers are often used excessively during the winter, and may need to be replaced in the springtime.
- Beware of potholes
During winter months, snow seeps into small cracks on the road. As the water freezes, it causes the pavement to expand. The end results are treacherous potholes that have made their appearance throughout the state of Tennessee. According to WKRN News 2, these potholes can cause tire damage, misalignment, undercarriage problems and even car accidents. While avoiding potholes may be easy during daylight hours, they can be difficult to see at night or during spring rainstorms. The Tennessee Department of Transportation reported that motorists who have fallen victim to giant potholes may be able to file a claim through the Department of Treasury’s claims division.
- Small animals everywhere
In many parts of the country, little creatures become more abundant in the springtime. It isn’t uncommon for motorists to encounter little bunnies, squirrels, raccoons, deer and porcupines while out on a drive. Braking for small animals can cause a catastrophic auto collision if motorists aren’t driving defensively.
Spring auto accidents may result in serious injuries, emotional trauma and property damage. Injured drivers may be left with excessive medical bills and unable to return to work. A car accident attorney in Tennessee may provide accident victims with the legal counsel they need to resolve their problems and obtain compensation for their injuries.
