by Queener Law | Dec 20, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
Liability for a rollover accident involving a large truck is often assigned to the driver, the loader, the maintenance company, the entity operating the truck, or a combination of any of these. Many rollover accidents are not the result of a single cause and so it is necessary to determine what factors played a roll in the vehicle rolling over.
Causes of Large Truck Rollovers
Large trucks can rollover if they take a corner at a high rate of speed. They can roll if they are improperly loaded. They can also roll if they experience a tire blowout. Each of these will considerably shift a vehicle’s center of gravity making it impossible for the driver to maintain control over the vehicle. When a truck rolls over, it is necessary to investigate these and other potential causes to determine which factors led to the accident.
Poor Maintenance is a Common Factor
Faulty brakes, worn tires, and malfunctioning suspension systems make large trucks unsafe to operate. When a truck company, government entity, or independent driver neglects maintenance or chooses to defer necessary repairs, they place other motorists at risk. It is not uncommon for the maintenance record to show that the responsible party neglected proper maintenance prior to a rollover accident.
Assigning Liability for an Accident
Liability for a rollover accident can fall squarely on the driver if they took a corner at excessive speed, or if they chose to operate the vehicle in adverse weather conditions such as high winds. It can be assigned to the manufacturer if a design defect is at fault. It can even be assigned to the cargo loaders if the vehicle was loaded improperly. These are all common reasons for large truck rollovers. Other responsible parties may include a government entity that created hazardous road conditions, or another motorist if their actions led to the truck rolling over.
Because the cause is not always clear, it is often necessary to conduct a thorough accident reconstruction with the assistance of a truck accident attorney. An accident reconstruction can show which factors existed and the extent to which each contributed to the accident. Reconstructions are created using everything from photographs and video evidence, to police statements, insurance records, and maintenance logs. In cases where multiple parties are responsible, each individual or entity can be assigned liability based on their share of responsibility.
by Queener Law | Dec 14, 2016 | Tennessee, Trucking Accident
Train collisions with passenger vehicles or trucks occur at the rate of one every two hours. When they occur, even the strongest and sturdiest semi-truck can be decimated by the weight and momentum of the train. There are more than 250,000 railroad crossings in the United States and this means that there are plenty of points where collisions can take place.
Most recently, a four-locomotive train with 33 cars collided with a FedEx truck near Franklin. The impact destroyed the truck and caused severe injuries to the 34-year old driver.
Accident & Fatality Rates
There were 2,059 train collisions with vehicles in 2015. These collisions caused 244 fatalities and 967 injuries. The number of accidents and fatalities has remained steady over the past seven years. While the number of accidents has fallen steadily since the 1990’s, the statistics show that the risk of collisions remains significant.
Causes of Collisions
Trains collide with trucks for a number of reasons. These include mechanical failure, human error, track problems, malfunctioning crossing equipment, poor signage, and inadequate lighting at crossings. In many cases, train/vehicle collisions occur not because of one single factor, but rather as a combination of factors that create a deadly situation.
Severe injuries are quite possible when a train collides with a vehicle. The momentum of the train can cause a considerable amount of force to be transferred into the truck. This force can cause whiplash, break bones, and cause concussions/contusions. It may also cause severe internal injuries including bleeding and bruising to organs. These injuries can severely hinder a driver’s ability to work and may lead to the need for long-term treatment and care.
Assigning Liability for Truck/Train Collisions
Railroad companies and rail lines have a legal responsibility to maintain railroad crossings. They must make sure that the safety equipment is fully functional and that visibility is not hindered at crossings under their control. It is the responsibility of the Federal Railroad Administration and the Federal Highway Administration to ensure that these railroad companies and rail lines are in compliance with existing regulations and requirements.
When a truck/train accident occurs, the locomotive’s train event recorder (black box) will be studied by investigators, law enforcement, and the truck driver’s Nashville truck accident lawyer. This device gathers information about the train’s speed, direction, horn operation, lighting functions, and brake operation. This information can be used to show the factors that came together to cause an accident.
by Queener Law | Dec 6, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
In a recent study of over 240 trucking rollover accidents across the country, the Federal Motor Carrier Safety Administration states that most rollover crashes are due to driver errors that could be prevented. When trucking rollover accidents occur, truck injury lawyers commonly see serious injuries and fatalities to truck drivers, as well as drivers and passengers in automobiles.
Why Do Trucks Roll Over in a Crash?
According to studies by the Federal Motor Carrier Safety Administration, most trucking rollover accidents are caused by truck driver errors. In-depth analysis of accident statistics show:
- Almost one-half of trucking rollover accidents result from failure to adjust speed around curves. When a truck enters a curve, it leans away from the direction of the curve due to centrifugal force. At a high speed, the result is often a rollover where the truck overturns. Due to the high center of gravity and instability, tractor-trailers are particularly vulnerable.
- The second leading cause of truck rollovers is overloaded cargo. Loads are a frequent problem when drivers fail to take account of cargo weight, height and loading procedures, or trucks are loaded before drivers are assigned routes. Rollovers are often caused by top heavy and badly distributed or unsecured loads.
- The third leading cause of truck rollovers is lack of driver attention to the road. Inattentiveness is often due to distractions within the truck, emotional and physical impairments, and drivers dozing or falling asleep behind the wheel. Truck injury lawyerssee many serious trucking accidents caused by driver fatigue.
- The fourth leading cause of truck rollovers involves problems with steering, braking and tires. Many rollover accidents occur when truck drivers don’t control steering properly to stay in a lane, over-steer to avoid lane changes, and over-correct steering to remain on the road. Poorly maintained braking systems and under-inflated tires also cause numerous rollover accidents.
According to accident statistics, the Federal Motor Carrier Safety Administration concluded that truck rollovers are among the deadliest types of trucking accidents. Studies show that the majority of these accidents are caused by truck driver errors which are often completely preventable.
Injuries Caused by Truck Rollover Accidents
When a truck rollover accident occurs, injuries normally affect five main areas of the body – the head and neck, thorax, abdomen, upper limbs and lower limbs. The majority of rollover crash victims sustain multiple injuries throughout these body regions with the head and neck being the most vulnerable area. Some of the most common rollover injuries seen by truck injury lawyers include traumatic head and brain injuries, spinal cord injuries, limb amputations, and broken bones and fractures. These types of injuries are commonly caused from slamming into another vehicle or obstacle, impact with unsecured cargo, contact with broken glass or torn metal, being tossed around within the vehicle, or ejected from the vehicle due to the impact of the crash.
Truck rollover accidents often result in serious injuries and fatalities to everyone involved in the accident. Many accident victims who survive often suffer long-term injuries and chronic pain. The long term effects of rollover injuries can include impairment of critical functions such as speech, vision and memory; emotional and physical disabilities; partial vision loss or blindness; hearing loss; dental injuries and loss of teeth; chronic back pain; amputation or the arms or legs; and a variety of internal damages to nerves, veins, and organs.
Preventing Truck Rollovers
Overcoming the three biggest causes of rollovers, speed, overloading and inattention, present many challenges for the trucking industry. Unfortunately, many truck drivers learn about the causes of rollover accidents by failing to recognize dangerous situations and experiencing rollover crashes first hand. Some crashes might be avoided with roadway changes such as signs that require lower speeds at freeway exits, and vehicle changes like devices that warn truck drivers of dangerous load conditions. However, related costs for these safety measures are significant.
A more affordable solution to reducing truck rollover accidents includes training programs for drivers that discuss rollover prevention measures, especially in large tractor-trailers that are vulnerable to rollovers. Studies show that 69 percent of truck rollover accidents involve tractor-trailers, although the number of registered single-unit trucks on U.S. roadways outnumbers tractor-trailers by nearly three to one.
In recent years, numerous video programs on trucking safety have been developed for the trucking industry with hopes to prevent truck rollover accidents and injuries seen so often by truck injury lawyers. Since statistics show that most truck rollover accidents are the fault of the truck driver, trucking companies often bear significant costs for related injuries. To reduce those liabilities, many trucking companies are focused on improving driver awareness on the causes of rollovers and preventing future accidents. Some companies have developed simulation videos where drivers are presented with rollover situations, then experience the consequences and learn how to safely handle them.
by Queener Law | Nov 30, 2016 | Tennessee, Trucking Accident
Semi trucks have the potential of causing catastrophic injury and fatality accidents, but technological safety advances are coming that may improve the safety of large trucks and reduce the risk of collisions. Some of the new technologies are already being used while others are in development. The advances include stability control, blind spot warning systems, lane departure warning systems, collision avoidance systems, antilock braking systems, rearview cameras, side monitor sensors and cameras and interior cameras. The industry is also looking to implement autonomous trucks, which should further reduce accidents involving large trucks. A Nashville truck accident attorney believes that the costs involved with installing and implementing the various technologies are minimal when compared to the benefits of lives being saved.
Cost and Benefit Analysis
While trucking companies might be concerned about the costs involved with retrofitting their fleets with safety technology features, the benefits far outweigh the costs. For example, installing a lane departure warning system on a truck costs around $700 to $800. When that is compared to the average truck accident injury payout ranging from $135,000 to $455,000 or the average truck accident fatality payout ranging from $855,000 to $1.3 million, it is clear that the cost is well worth the potential for accident avoidance.
Similarly, collision avoidance systems reduce the risk of fatality and injury accidents caused by large trucks rear-ending other vehicles by 20 to 25 percent. These systems are expected to reduce rear-end truck collisions by up to 60 percent with future collision avoidance system advances.
Statistics Demonstrate Need For Improvement
According to the National Highway Traffic Safety Administration, 111,000 people were injured and 3,903 people were killed in large truck crashes in 2014. The NHTSA also reports that 121 large trucks caused fatality accidents in Tennessee in 2013, accounting for 8.6 percent of all of the fatal accidents in the state that year. Out of the people who died, 92 were occupants of other vehicles and 15 were non-vehicle occupants, including pedestrians and cyclists. A Nashville truck accident attorney believes that the need for safety improvements is clear in terms of the potential to save lives.
Safety technology advances for large trucks should be embraced and fully implemented. The NHTSA is currently considering regulations to mandate collision avoidance systems in large truck fleets. Doing so may potentially save many lives and help other people to avoid lifetimes of disabling conditions caused by accidents with large trucks.
by Queener Law | Nov 23, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
Semi-truck rollovers cause hundreds of fatalities to truckers and motorists every year. Even though they represent only 3.3% of all semi-truck accidents, rollovers are responsible for nearly 50% of all fatalities suffered by truck drivers nationwide. The following are the most commonly cited reasons seen by semi-truck accident lawyers for semi-trucks toppling over.
Improper Loading & Shifting Loads
A semi-truck’s center of gravity can shift dramatically if it is improperly loaded. If heavier goods are placed on top of lighter goods the vehicle can become highly stable. As a driver navigates down the road, curves in the road, high winds, or sudden stops can cause the vehicle to become uncontrollable.
Another common factor are live loads that can move and shift. A semi-truck loaded with livestock can have a highly mobile cargo. If these animals suddenly move to one side, it can unexpectedly shift the vehicle’s center of gravity and cause it to overturn.
Sharp Turns
Whether it is a gradual turn down the slope of an on-ramp or a sharp corner on a city street, semi-trucks can become unbalanced while conducting these maneuvers. Should the driver lose focus for even an instant as they make a turn, they can lose control over the vehicle as the wheels lift off the road and the vehicle topples.
Bad Roads & Bad Design
Large potholes, soft shoulders, and lax road maintenance can make the roadway unsafe for large vehicles. As the vehicle travels over poorly maintained roads, the driver may not be able to control the vehicle as it encounters these flaws.
Additionally, improperly designed roads can create sharp corners and steep grades. When semi-trucks attempt to navigate poorly designed roads, they may be required to conduct maneuvers that exceed the vehicle’s safe handling limits.
Speeding is another leading cause of semi-truck rollover accidents. A speeding semi-truck has enormous inertia. Semi-truck accident lawyers know that even a gradual turn at a high rate of speed is enough to pull the vehicle over on its side. This problem is even greater if the vehicle is overloaded, in which case the driver will become a victim of the basic principles of physics.
Driver Overcorrection
If a semi-truck driver overcorrects a turn or lane change, the vehicle can become unstable and overturn. Indeed, driver error is a common cause of semi-truck rollover accidents across the nation. It’s a considerable problem with newer, less-experienced drivers that is exacerbated when driver fatigue and other factors are added into the equation.
by Queener Law | Nov 9, 2016 | Tennessee, Trucking Accident
With the Republicans controlling both legislative branches as well as the executive branch, trucking industry groups are targeting safety regulations, lobbying Congressional members to roll them back. In Dec. 2016, the groups were successful when Congress blocked new regulations that would have required truck drivers to get more sleep. The groups have promised to continue their efforts in order to get additional regulations rolled back, and safety groups are worried. Semi truck accident attorneys in Tennessee understand the importance of safety regulations for trucking companies and drivers because they help to reduce the risk of accidents and resulting injuries.
New Rules That Were Blocked
In Dec. 2016, new rules from the Obama administration that were aimed at making certain truck drivers got additional sleep were attached to a bill and blocked in Congress. Truck drivers are required to take 34-hour breaks in between their workweeks. The rules would have required that the truck drivers had to use part of their break time between 1 am and 5 am, meaning that they could not end their breaks and resume driving between those hours. Research by AAA shows that people who get less than five hours of sleep in a night have driving impairments that are equal to people who are driving drunk. If truck drivers do not get adequate sleep, they are likelier to cause truck accidents and to potentially seriously injure or kill others.
Other Rules That Are In the Trucking Industry’s Sights
The American Trucking Association was emboldened by its win in December, and it vowed to return in January. The organization’s new lobbying efforts are aimed at a couple of additional safety regulations. It wants to increase the weight limits beyond the current limit of 90,000 pounds. The group is also lobbying to increase the trailer length on two-trailer combinations from 28 feet to 33 feet.
The Trump administration has indicated that the President intends to focus on rolling back regulations. While there are no specific indications that Trump will be focusing on the transportation industry, the Republican block of the safety regulation in December and the American Trucking Association’s promise to return for additional lobbying has safety experts worried. Some have expressed that it may be the start of a campaign to rollback numerous trucking industry safety regulations, resulting in additional truck accidents, injuries, and deaths. Semi truck accident attorneys are watching what happens with the regulations and are hoping that they are not rolled back.
