by Amy Foster | Feb 4, 2025 | Auto Accident, Brain Injury, CO Truck, Colorado, Kentucky, Personal Injury, Tennessee, Trucking Accident
Commercial trucks are vital to our economy, delivering everything from essential goods to building materials nationwide. However, a looming threat—a nationwide shortage of qualified truck drivers—is putting the safety of our roads at risk. This shortage can lead to overworked and fatigued drivers, potentially causing a rise in truck accidents with devastating consequences.
Factors Contributing to the Driver Shortage
Several factors contribute to the nationwide driver shortage. Here are some key reasons why trucking companies are struggling to fill truck driving positions:
- Wages and Benefits: The trucking industry can be demanding, with extended hours and irregular schedules. While truck driver salaries can be attractive, concerns linger about benefits packages and the overall work-life balance for those traversing our state’s roads.
- Aging Workforce: The current generation of truck drivers is aging, and attracting younger individuals to fill the gap is proving challenging. The perception of a long and arduous career path with limited advancement opportunities deters potential recruits from considering trucking jobs.
- Training Requirements: Obtaining a commercial driver’s license (CDL) requires training and passing rigorous exams. While these measures ensure qualified drivers on the roads, the initial investment of time and money can be a barrier for some looking to enter the trucking industry in our state.
- Infrastructure Issues: Truck drivers spend significant time on the road, away from home. The lack of adequate truck parking facilities along significant highways in rural areas leads to driver fatigue and frustration.
How Driver Shortages Can Compromise Safety
When trucking companies face a driver shortage, they face immense pressure to deliver goods on tight deadlines. This pressure can lead to drivers pushing themselves beyond safe limits, resulting in fatigue—a major contributor to road truck accidents. Fatigued drivers experience slower reaction times, impaired judgment, and an increased risk of falling asleep at the wheel while traveling interstates and highways. In the worst-case scenario, these factors can culminate in a catastrophic accident, putting motorists at risk.
The pressure to meet deadlines can lead truck drivers to cut corners on safety procedures. Skipping rest breaks, neglecting pre-trip inspections, and exceeding speed limits are all dangerous shortcuts that can have dire consequences for people sharing the road with these massive vehicles.
The Potential Consequences of Trucking Accidents
Truck accidents are inherently more dangerous than car accidents due to the sheer size and weight of commercial vehicles. Collisions with large trucks can result in severe injuries, permanent disabilities, and even fatalities. The emotional and financial toll on victims and families can be immense.
Common commercial truck accident injuries seen by our personal injury attorneys include:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Amputations
- Severe lacerations and burn
- Internal organ damage
Hiring Truck Accident Lawyer
A Truck Accident Lawyer often differs from a car wreck lawyer due to the specific complexities and regulations associated with commercial trucking accidents. Here are some key differences:
1. Specialization: A big truck lawyer typically specializes in cases involving commercial vehicles, which includes understanding the federal and state regulations governing the trucking industry. They are well-versed in unique issues that arise from truck accidents, such as driver fatigue, vehicle maintenance standards, and cargo loading regulations.
2. Liability Factors: Truck accidents can involve multiple parties, such as the truck driver, trucking company, vehicle manufacturers, and others. A truck lawyer is experienced in navigating these complex liability issues, while a car wreck lawyer may focus solely on personal injuries or issues directly related to passenger vehicles.
3. Injury Severity: Injuries from truck accidents are often more severe due to the size and weight of commercial trucks. A big truck lawyer is equipped to handle such serious cases, which may involve significant medical expenses, long-term care needs, and substantial compensation claims.
4. Insurance Policies: The insurance policies for commercial trucks are often different and more complex than those for personal vehicles. A big truck lawyer understands these policies and knows how to negotiate effectively to secure fair compensation for their clients.
5. Regulatory Knowledge: Trucking operates under specific federal regulations (such as those provided by the Federal Motor Carrier Safety Administration). A lawyer specializing in truck accidents will be more familiar with these regulations and how they apply to the case.
If you’ve been involved in an accident with a commercial truck, consulting with a lawyer who specializes in that area can be beneficial to ensure you receive the appropriate representation and understanding of your case. Attorney Henry Queener will ensure that your rights are protected and that you receive the compensation necessary to aid your recovery and future well-being.
by Amy Foster | Jan 21, 2025 | Auto Accident, Bicycle Accident, Brain Injury, Kentucky, Motorcycle Accident, Pedestrian Accident, Personal Injury, Tennessee, Trucking Accident
Drivers running red lights due to impatience or distraction cause more than 1,000 fatalities each year, endangering their lives and other road users as well. Many red-light runners have reported “accidentally” blowing through these traffic lights due to a distraction. Red-light running often results from distracted or aggressive driving and is 100% preventable.
The Insurance Institute for Highway Safety (IIHS) reports that 1,149 people were killed and more than 100,000 injured in crashes that involved red-light running in 2022. At least half of those killed were the driver’s passengers, pedestrians, bicyclists, or people in other vehicles.
Among drivers involved in fatal, red-light-running, multiple-vehicle crashes in 2022, the red-light runners were more likely than other drivers to be male, to be younger, and to have prior crashes or alcohol-impaired driving convictions, according to IIHS. They were also more likely to be speeding or alcohol-impaired at the time of the crash and less likely to have a valid driver’s license.
Red-light running in Kentucky
Kentucky State Police data compiled from collision reports submitted by Kentucky law enforcement agencies across the commonwealth show that in 2023, 3,914 crashes occurred due to drivers’ disregard for traffic control, resulting in 46 fatalities and 2,194 injuries.
Reducing risks from red-light runners
With the number of red-light running crashes continuing to climb, AAA offers these tips for avoiding crashes caused by running red lights:
• Limit distractions. AAA Foundation research finds that distraction from activities, such as hands-free texting or dialing while sitting at a red light, can linger with a driver for up to 27 seconds afterward.
• Drive defensively. Before you advance through an intersection after the light has turned green, take a moment to look both ways and then proceed. Don’t assume all cross traffic has obeyed the red light.
• Prepare to stop. When preparing to enter an intersection, lift your foot off the accelerator and “cover the brake” by positioning your right foot just above the brake pedal without touching it.
• Use good judgment. Monitor “stale” green lights―those that have been green a long time―as you approach the intersection. They are more likely to turn yellow when you arrive at the intersection, so anticipate the need to make a safe stop.
• Tap the brake. Tap your brakes a couple of times before fully applying them to slow down. This will help catch the attention of drivers behind you who may be inattentive or distracted.
When a driver runs a red light, it is more likely to cause a significant injury than many other types of accidents due to the high speed involved and the unprepared drivers crossing traffic that have a green light. “T-bone” or “angular” collisions often result in severe injuries and fatalities for the occupants on the side of the car that is hit. Small gaps separate the driver and passenger from a side impact, increasing the chances of catastrophic injuries.
Call our Kentucky Personal Injury Attorney Henry Queener for a FREE CONSULTATION
If you’ve been involved in an accident with a negligent driver who ran a red light, you need Queener Law to fight for you! Don’t wait to get help. Queener Law will get you set up with medical attention, even if you do not have health insurance. Call Queener Law today or use our online consultation form to schedule a free consultation and discuss the circumstances of your accident and how we can help you.
by Amy Foster | Dec 16, 2024 | Bicycle Accident, Brain Injury, Kentucky, Motorcycle Accident, Pedestrian Accident, Personal Injury
KY Pedestrian Hit and Killed by a Vehicle. These Accidents are More Common Than EVER. What Does This Mean for You?
On the evening of December 4th, a pedestrian was struck by a vehicle on US 27 in Lincoln Co. The man sustained fatal injuries, and local authorities arrested the driver for an outstanding warrant. Alcohol is not believed to be a factor. Accidents like these are becoming more and more common. According to NPR, US pedestrian deaths reached a 40-year high in 2023.
Will the Driver’s Insurance Cover the Victim’s Medical Bills and Damages?
Not necessarily. Many residents in Kentucky carry only the minimum auto insurance required by law. These policies provide $25,000 for injury or death of one person, $50,000 for multiple people, and $25,000 for property damage. Unfortunately, these amounts are often insufficient in serious cases.
What Does This Mean for Me?
In Kentucky, many drivers choose to carry only the minimum insurance coverage. This, combined with the rising number of vehicle and pedestrian accidents, can lead to inadequate funds to cover medical bills or damages in the event of an accident for which they are at fault. You may find yourself in a difficult position if you do not have Underinsured or Uninsured coverage.
What If I Am Not at Fault?
In Kentucky, we have a provision known as Personal Injury Protection (PIP) as part of our car insurance. The driver’s PIP may cover your medical expenses. However, you may also experience lost wages from missing work and other related costs. An attorney can help you seek the compensation you deserve.
What Should I Do If Their Insurance Doesn’t Cover Everything?
It’s essential to have representation as a victim in these situations. Finding the right personal injury attorney can be crucial in securing the compensation you deserve for pain and suffering. Queener Law has access to reconstruction experts, financial professionals, medical experts, and others who can bolster your claim for relief. Please contact our office today if you or a loved one has been injured.
by Amy Foster | Nov 6, 2024 | Auto Accident, Bicycle Accident, Brain Injury, Bus Accident, Kentucky, Motorcycle Accident, Pedestrian Accident, Personal Injury, Premises Liability, Slip and Fall, Tennessee, Trucking Accident
Personal injury attorneys understand the risks associated with medical releases and how they can impact your car accident injury claim. Do you? Sharing all your medical records with your insurance company can jeopardize your case. It’s crucial to only provide the medical records from the hospital and the treating physician who saw you after your accident.
Giving all your medical records to an insurance adjuster can negatively affect your car wreck case for several reasons:
1. Loss of Control Over Your Information: When you provide complete access to your medical records, you lose control over which information the insurance company can see. They may access unrelated medical history that doesn’t pertain to your injury, which could be used against you.
2. Pre-Existing Conditions: Insurance adjusters may scrutinize your entire medical history to find pre-existing conditions or past injuries that could be presented as contributing factors to your current pain or disability. This could reduce the perceived severity of your current injuries and weaken your claim.
3. Exaggeration of Claims: Insurance companies may use your medical history to argue that your injuries are exaggerated or that you have a history of similar complaints, undermining your credibility.
4. Settlement Negotiations: If the insurance company sees information in your records that they can capitalize on, they might offer a lower settlement amount than you deserve, believing that your case is weaker based on the additional medical information.
5. Privacy Issues: Sharing all your medical records raises privacy concerns. There’s a risk that sensitive information could be misused or improperly disclosed, impacting your reputation or personal life.
6. Strategic Disadvantages: The more information the insurance adjuster has, the easier it is for them to develop strategies to minimize liability. It can ultimately give them an upper hand in negotiations.
In short, being cautious about what medical information you share with an insurance adjuster is crucial. It’s wise to consult a personal injury attorney like Henry Queener to navigate this process.
by Amy Foster | Sep 19, 2024 | Auto Accident, Bicycle Accident, Brain Injury, Colorado, DUI, Kentucky, Motorcycle Accident, Pedestrian Accident, Personal Injury, Tennessee, Trucking Accident
When a pedestrian is hit by a car, the driver is typically considered at fault, especially if the pedestrian was in a crosswalk or not on the road. However, in some instances, pedestrians can be found partially responsible for the accident if they were not following road rules.
How Fault is Determined?
The person responsible for covering the expenses related to a crash is the one whose careless actions led to the accident. Negligence involves four main elements that can help determine the party at fault:
1. Duty of care: What are the expectations for both parties to ensure each other’s safety?
2. Breach of duty: Which party acted thoughtlessly or recklessly?
3. Causation: Did that thoughtless or reckless action cause injury?
4. Damages: If so, the negligent party can be held responsible.
Using these criteria, our pedestrian accident lawyers assess each case to identify the negligent act that initiated the chain of events. Sometimes, it may be the driver’s negligence, but pedestrians can also behave recklessly.
When a Driver is at Fault?
Any number of negligent behaviors can lead to a collision between a car and a pedestrian, such as:
– Drunk driving
– Distracted driving
– Speeding
– Failure to yield
– Improper turns
– Running lights or signs
– Rideshares
These behaviors may result in the driver being considered at fault. According to the elements of negligence, many of the above behaviors represent a breach of duty of care. Someone who turned on red without checking a crosswalk, striking a person, was not exercising proper care.
Rideshares increasingly pose risks to pedestrians, especially at pick-up and drop-off locations. Distracted driving plays a particular role in rideshare-pedestrian accidents; drivers are focused on the GPS, rideshare app, or texting, leaving them at fault.
When the Pedestrian is at Fault?
Pedestrians can be responsible for their own negligence, such as:
– Being under the influence
– Being distracted, like texting while walking
– Crossing outside a crosswalk
– Darting into traffic unexpectedly
For instance, if a drunk pedestrian suddenly stumbles into the street, it doesn’t give a driver enough time to stop. Even though the pedestrian was injured, their reckless action caused the accident. According to the Centers for Disease Control and Prevention (CDC), the pedestrian was intoxicated in 33 percent of fatal pedestrian accidents studied.
We Can Help Make Sense of Your Pedestrian Accident
When you contact the team at Queener Law, you will receive a free consultation to ask questions about your pedestrian accident.
During this consultation, we can help you better understand who may be at fault after a car hits a pedestrian and provide advice on pursuing damages. Please feel free to contact our office today for more information.
by Jennifer O'Connell | Jul 23, 2024 | Auto Accident, Bicycle Accident, Brain Injury, Bus Accident, CO Truck, Colorado, DUI, Kentucky, Motorcycle Accident, Pedestrian Accident, Personal Injury, Tennessee, Train Accident, Trucking Accident, Workers' Compensation
Después de sufrir un accidente, sabemos que lo último que desea hacer es informarlo a la aseguranza por temor a que aumenten sus tarifas. Quizás esté pensando en el estrés financiero que le espera en el futuro cercano, pero gracias al estatuto de Colorado C.R.S. §10-4-628 las tarifas de su seguro NO PUEDEN aumentar si usted no tiene la culpa.
CRS §10-4-628 estados:
(1) Ningún asegurador cancelará; no renovar; negarse a escribir; reclasificar a un asegurado bajo; reducir la cobertura, a menos que la reducción sea parte de una reducción general en la cobertura presentada ante el comisionado; o aumentar la prima, a menos que el aumento sea parte de un aumento general en las primas presentado ante el comisionado, cualquier póliza que cumpla el solicitante, asegurado, usuario permisivo o cualquier residente del hogar del solicitante o asegurado tiene:
(a) Ha tenido un accidente o accidentes que no son culpa del solicitante asegurado, miembro del hogar o usuario permisivo nombrado.
Supongamos que tuvo un accidente que no fue su culpa y que luego le dejó con más de $100,000 en billes médicos y la parte que lo golpeó tenía límites de lesiones corporales de solo $25,000. Sabemos que $25,000 no son suficientes para pagar sus billes médicos ni para tratar de compensarlo por su trauma, salarios perdidos, facturas, etc. Ahí es donde entrará en acción su cobertura UIM. La protección contra conductores con seguro insuficiente se aplicará si la otra parte no tiene cobertura suficiente para sus pérdidas, por lo que su seguro intervendrá y proporcionará límites adicionales.
¿Qué pasa si la parte que te golpeó no tiene cobertura de seguro? ¿Cómo pagará sus billes médicos? Ahí es donde interviene la cobertura UM. La protección contra conductores sin seguro ofrece cobertura si el conductor culpable no tiene la cobertura de seguro requerida. De esta manera todavía estás protegido.
En Colorado, por ley se requiere tener cobertura UIM/UM en su póliza con límites mínimos de $25,000 por persona, $50,000 por accidente. Sin embargo, si uno decide no participar en esto, puede hacerlo rechazando la cobertura por escrito. Esto es algo que NO recomendamos enfáticamente, ya que es mejor prevenir que lamentar y pagar más para tener una capa adicional de protección por si acaso. Tener cobertura adicional puede parecer una sin chiste ya que uno siempre piensa que estas cosas nunca les pueden pasar a uno, pero agradecerás tenerla si alguna vez te encuentras en la desafortunada situación en la que se tenia que ulitizar los límites de UIM/UM.
