Speed is dangerous and is cited as a contributing factor in a considerable number of truck accidents. As the number of vehicles traveling America’s roads continues to increase, the Department of Transportation (DOT) is considering a proposal that would limit the top speed of commercial motor vehicles.
The DOT’s proposal would lower the speed limit to 60 MPH for commercial motor vehicles that weigh over 26,000 pounds. The rule would apply to semi-trucks, buses, and other large vehicles. DOT”s internal estimates show that this proposed rule change could save up to 500 lives per year.
The proposal has support from both the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration. These agencies all agree that reducing the speed limit would save lives, however, they disagree as to what the speed limit should be, and how many lives might be saved. Ultimately, it will be up to the DOT to set the final rule later this year. It is expected the the rule change will be met with considerable resistance from the trucking industry as the proposal could cost the industry upwards of $1.5 billion per year to comply.
Moreover, there are concerns that if commercial trucks are driving too slow, they will pose an even greater risk to motorists who could be traveling 10, 15, even 20 MPH faster at legal highway speeds. This could increase the number of semi-trucks that are rear-ended by motorists traveling at considerably higher rates of speed. In fact, the Owner Operator Independent Drivers Association has stated that the significant differentials in speed would increase the possibility of crashes several fold.
Truck wreck lawyers also point out that many trucks traveling down the road are doing so on tires that aren’t designed to handle speeds in excess of 75 MPH. This means that in states where the speed limit is greater than 75 MPH, these vehicles are inherently unstable and dangerous even though they are driving within the legal speed parameters. Tennessee is not one of these states as the maximum speed on state highways is 70 MPH.
The public has 60 days to comment on the proposals being considered by the Department of Transportation. Until the DOT rules on the potential changes, motorists and semi-truck drivers will have to proceed with caution. That means watching their speed and paying close attention to road conditions so that they don’t become one of the thousands of fatal truck accidents that occur every year.
A Heavy Truck Crash Causation Study by the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA) found that the truck driver was the critical reason for 87 percent of the truck crashes analyzed. Approximately 19 percent of the total accidents were due to driver fatigue. When a large truck collides with a passenger vehicle, the risk of injury or death to the passenger vehicle’s occupants is significant.
Grim statistics on truck accidents
For the Large Truck Crash Causation Study, critical events were: 1) Departure from the travel lane into another vehicle or off road. 2) Loss of control of the vehicle. 3) Crashing into the rear of a vehicle in the trucks travel lane. The NHTSA Traffic Safety Facts Data on commercial trucks from 2015 reports that approximately 95,000 people were injured in large truck accidents in 2013. There were 3,964 fatalities. Seventy-one percent of those deaths were people in the other vehicle. When a truck accident results in injury or death, a trucking accident attorney can advise injured parties about their rights.
FMCSA requirements for commercial motor vehicles
The FMCSA has hours of service regulations for when and how long drivers are allowed to drive. The limits on drive time and work time are to reduce the risk of fatigued and sleep-deprived drivers operating heavy trucks on busy highways. Drivers have three maximum duty restrictions:
The 14-hour driving window limit: Drivers must be off work at least 10 consecutive hours after working 14 hours
The 11-hour driving limit: Drivers can only drive for up to 11 hours during the 14 hours of work time
The total hours limits: Drivers can only work a maximum of 60 hours in any seven day period and a max of 70 in eight days
Some people go their entire life without receiving a traffic ticket or being involved in an automobile accident. Even those fortunate people have been affected by automobile crashes because one or more of their loved ones has been involved in a crash. A person can be operating their vehicle in a safe manner and still be struck by another vehicle. When that other vehicle is a commercial truck, the resulting accident often results in serious injury or death. A trucking accident attorney understands the laws governing trucking companies and the drivers who operate the large trucks. They can provide advise and counsel to motorists involved in large truck crashes.
The rising number of autonomous vehicles makes determining fault after an accident more difficult. Someday all motorized vehicles will likely be self-driven, but until that point, humans and machines must work together. Determining fault after an accident with human drivers is not straightforward. Factoring in non-human drivers brings up even more questions. An experienced truck accident attorney can provide guidance after an accident involving automated trucks.
Profits Push Technology Forward
There are around 1.7 million truck drivers and another 1.7 million taxi, delivery and bus drivers in the U.S. Carmakers are aggressively pursuing automated vehicles to save on human labor costs and to save lives on the road.
Automated vehicles will likely be much safer than those operated by humans, who can be tired, distracted, under the influence, or simply slow to react. However, humans and robotic vehicles are going to coexist until the technology is advanced enough to make human operation unnecessary.
The eventual goal is for big rigs to travel without a human driver. Trucks would be able to operate around the clock. More automated vehicles on the road interacted with human drivers will increase opportunities for accidents.
New Laws will be Necessary
More than 3,000 people were killed each year from 2012-2014 in crashes involved big rigs. Most accidents involve human error in some form. HAVs would not make human mistakes.
On September 20, guidelines for highly autonomous vehicles (HAVs) by the National Highway and Transportation Safety Administration were introduced.
Autonomous vehicles must be able to meet a variety of behavioral competencies, including:
Merging at low and high speeds
Responding to speed limit changes and speed advisories
Detecting and responding to oncoming or encroaching vehicles
Detect traffic signals and traffic signs
Navigate parking lots and parking spaces
Follow all local and state laws
While full automation is probably years away, at least partially automated vehicles, including big rigs, are here now. Their numbers will only continue to increase.
Who is to Blame After an Accident?
The big question is, who is to blame for an accident? When humans and machines are driving together, it will be all too easy to blame the person. Determining which vehicle is at fault, when partial or total automation is involved with humans, will be difficult. This gray area can best be addressed by a knowledgeable truck accident attorney.
Semi truck drivers have stricter drug and alcohol laws to help protect other drivers and passengers. Semi trucks have the potential to cause lots of damage in accidents. Crashes may be more likely if the driver is under the influence. Victims can seek competent assistance from a semi truck accident lawyer after such an accident.
Recent Accidents Highlight Need for Stricter Laws
A driver who tested positive for drugs caused an accident on I-75 last year that killed 6 and injured 12 others. The driver failed to slow down during heavy traffic and slammed into eight stopped vehicles. The family of one victim, who was a middle-school band director, has filed a lawsuit against the truck company and the driver.
The driver, Benjamin Brewer, had been cited for careless driving in Florida the day before the I-75 accident. According to the Florida Highway Patrol crash report, Brewer had sideswiped a truck while passing. No one was injured.
A Tennessee-based company was forced to cease operations in 2014 after the owner was charged, for the second time, with driving while intoxicated. Ricky Hatfield crossed over the highway shoulder, striking two disabled vehicles that were parked on the shoulder. Both of the occupants of the other cars were severely injured but survived.
Drug Guidelines
All CDL (commercial driver’s license) holders are subject to the Department of Transportation’s testing (DOT). Drivers who are part-time, backup, or international are not exempt. DOT requires testing for:
Marijuana
Opiates
Cocaine
Methamphetamines and amphetamines
PCP
Testing will occur pre-employment. Testing will also occur after a crash occurs to determine if the driver was under the influence. Random testing will occur throughout the year. Any driver who appears to be under the influence can be tested.
Some prescription medications cause a driver to be medically unqualified. These include methadone, narcotics, and anti-seizure medications. Drivers may not take medications that cause symptoms including drowsiness or difficulty concentrating. Drugs like Prozac, Xanax, Paxil, Imitrex, and can impair a driver and prevent safe operation of the vehicle. Drivers who have insulin-dependent diabetes may be limited to operating a commercial vehicle within the state.
Drivers who require these medications may not legally operate a commercial motor vehicle, including a semi truck. Some over-the-counter drugs may impair driving, as well. Side effects such as dizziness, confusion, or drowsiness can be unsafe.
Any driver that refuses to test or that tests positive for drug use is no longer able to operate a commercial vehicle safely. In Tennessee, drivers face at least a year without a CDL. Drivers must complete a return-to-duty process with a substance abuse professional.
A trucker that continues to operate the vehicle while under the influence is putting other people at risk. Litigation can be complex, and injuries may make it difficult to handle the case. A semi truck accident lawyer can answer questions to ensure that the victim’s rights are protected.
Alcohol Guidelines
Driving under the influence of alcohol is dangerous. The legal limit for blood alcohol concentration is 0.08% in Tennessee for passenger vehicles. However, the Tennessee Court of Criminal Appeals has ruled that people with lower limits, depending on the circumstances, may be convicted of DUI.
It is illegal to operate a commercial vehicle if the semi driver’s blood alcohol concentration (BAC) is 0.04% or higher. These stricter guidelines are in place to ensure that truckers operate the vehicle in a safe manner.
Commercial drivers who have any detectable amount of alcohol in their blood will be put out-of-service for 24 hours. If a driver has a higher BAC than 0.04%, or if the driver refuses to be tested, the CDL license will be revoked for at least one year. If the truck was carrying hazardous materials, the license is revoked for at least three years. A second offense means the CDL is gone for life, with no recourse for the driver.
Research Shows Drugs and Alcohol are Problematic
The Federal Motor Carrier Safety Administration conducted The Large Truck Crash Causation Study and published the results in 2007. The study examined crash data from 24 sites in 17 states over a 33-month period.
17% of the crashes involved over-the-counter drugs.
2% of the crashes involved illegal drugs.
1% of the accidents involved alcohol use.
These accidents account for hundreds of deaths, affecting the lives of countless families. Truckers are responsible for their actions, and truckers who violate the law and operate a commercial vehicle under the influence may be found negligent. An experienced semi truck accident lawyer can assess the case and attempt to recover compensation for the victim and their family.
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.
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.
