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 | Apr 17, 2015 | Tennessee, Trucking Accident
Nashville motorists drive alongside large trucks every day. Massive tractor trailers are a vital part of Tennessee’s economy, as people depend on them to distribute freight across the state and throughout the country. Many drivers don’t realize, however, that tractor trailers pose a serious threat to other motorists on the road. Weighing up to 80,000 pounds, the sheer size of tractor trailers alone is enough to cause substantial damage in a truck accident. A truck accident lawyer in Tennessee knows that devastating truck collisions can lead to catastrophic injuries and even death to innocent motorists.
The facts
According to the National Highway Traffic Safety Administration, the number of people killed in large truck accidents across the nation increased from 3,211 deaths in 2009, to 3,802 deaths in 2012. Large truck collisions in Tennessee alone were responsible for killing 107 people in 2012. This was a substantial increase from the 86 fatalities that occurred in similar accidents in 2009. Tractor trailer accidents cause approximately 104,000 injuries each year. State and federal organizations are struggling to put a stop to the rise in large truck accidents in Tennessee and across the country.
U.S. truck driver shortage
The American Trucking Association reported that there are approximately 35,000 unfilled commercial truck driver jobs in the U.S. This shortage of truck drivers is expected to grow over the next decade, as the ATA predicts a surge in commercial truck driver demand. By the year 2025, the amount of freight tonnage to be distributed in the country is expected to grow by 23.5 percent. In order to keep up with demand, trucking companies will need to hire around 100,000 new truckers each year.
Qualified truckers have become harder to find. Not only does the job require people to leave their homes and families for significant periods of time, but many believe that the pay is not enough to compensate people for their time. With more freight to deliver and less drivers to deliver it, existing truckers may be forced to pick up the slack. Whether truckers spend too much time behind the wheel or are simply not qualified to operate a large truck in the first place, they end up putting the lives of other drivers and pedestrians at risk.
Drowsy truckers behind the wheel
The exact number of truck accidents that are caused by drowsy truck drivers each year remains unknown. Although some accidents are obviously caused by truck driver fatigue, many truck drivers avoid admitting that they fell asleep behind the wheel for fear of legal repercussions.
National media stories involving big rig accidents are abundant. Just last summer, comedian and actor Tracy Morgan was involved in a tractor trailer collision when a large truck rear-ended his limousine. Comedian Jimmy Mack was killed in the accident. Morgan, as well as several other passengers in the limousine, sustained serious injuries. According to Bloomberg Business, the truck driver had been awake for 24 hours before falling asleep at the wheel. The trucker failed to notice that traffic on the New Jersey Turnpike had come to a stop, and he smashed into the back of the limousine. Not only did the truck driver face several charges as a result of the accident, Morgan filed a third-party lawsuit against the trucking company for negligence.
Hours of Service regulations
In an attempt to decrease the number of drowsy truckers on the road, the Federal Motor Carrier Safety Administration reduced the amount of hours that truckers could spend behind the wheel. The revised the Hours of Service regulations to limit truckers’ driving time to 11 hours each day and 70 hours each week. Drivers are also required to take a 30 minute break within the first eight hours of their driving shift. Once truckers have worked a full 70-hour week, they must take a 34-hour rest until they are able to restart their week.
Truckers may be tempted to violate federal regulations in order to pad their paychecks and shorten the amount of time they have to spend away from home. Some trucking companies schedule drivers to work overtime in order to meet strict deadlines and move more freight, a fact known by a truck accident lawyer in Tennessee.
Truck driver negligence
In addition to fatigued truck drivers, distracted and untrained truckers can wreak havoc on the road as well. Commercial truck operators spend a substantial amount of time sitting behind the wheel each day, and may use their cellphones or even watch movies while driving. When truckers take their eyes off of the road, they are unable to respond to driving hazards, including objects in the road, slowed traffic, bad weather conditions, traffic signals and other motorists’ unexpected driving behaviors. For example, if a motorist pulled out in front of a large truck and had to brake suddenly, a distracted truck driver may not be able to respond to the unexpected behavior in time.
A distracted truck driver left four young women dead and injured several others in a devastating Oklahoma truck accident. According to the NY Daily News, the trucker drove his tractor trailer straight across the highway median and into a bus that was traveling in the opposite direction. The bus was carrying a women’s softball team that was traveling home from a game. A preliminary investigation conducted by the National Highway Traffic Safety Administration found that the truck driver didn’t attempt to stop during the accident. The trucker admitted that he was distracted by something in his cab when the accident occurred.
In 2012, over 171,000 truck drivers were placed out of service when the FMCSA discovered that they were driving with too many violations. That same year, more than 2.1 million tractor trailers were taken off of the road for excessive violations that threatened motorist safety.
When equipment fails
Trucking companies and truck drivers are responsible for maintaining their fleet of tractor trailers. Trucking companies should perform regular inspections on tractor trailers to ensure everything is working properly. Truck drivers should also inspect their trucks before taking them out on the road. Low tire pressure, faulty braking systems and other critical malfunctions may cause the driver to lose control of his or her truck.
Advanced safety technology, such as forward-looking radar, blind spot sensors, collision-avoidance systems and interactive cruise control, is available to tractor trailer manufacturers. Yet, the ATA estimated that a small 10 percent of all large trucks are equipped with these life-saving devices. Even trucks that have safety technology on board are at risk, as the equipment can fail to work properly in some situations.
Bad weather conditions
Bad weather conditions can create a problem for even the most conscientious trucker. High-profile tractor trailers are prone to tipping over in extremely windy conditions. Icy, wet or snowy roads may cause a truck to slide or jack-knife into another vehicle. Bad roads can increase a big rig’s stopping distance as well.
Commercial vehicle enforcement in Tennessee
There are six commercial vehicle inspection locations in Tennessee that are operated by the state Highway Patrol Commercial Vehicle Enforcement Division. The department patrols state roadways, looking for trucks that are committing dangerous traffic offenses. Officers also randomly inspect tractor trailers and verify truckers’ log books to ensure they are operating under federal and state regulations.
Safe driving tips
While some tractor trailer accidents are unavoidable, safe driving practices may help to reduce the likelihood that a motorist will become involved in a truck accident. When sharing the road with large trucks, motorists should:
- Avoid pulling out in front of a large truck. Due to their size, tractor trailers require a longer stopping distance than passenger cars.
- Stay out of the blind spots. Truckers cannot see vehicles that are directly in front of or to the left of them. The blind spots behind and to the right of tractor trailers are especially large, and drivers should stay out of them if possible.
- When passing a large truck, motorists should do so quickly and on the left-hand side.
- Allow for wide turns. Trucks may need to swing wide when making turns, and motorists should avoid cutting them off or driving too close.
- Drive defensively, especially in bad weather conditions.
Motorists are often unaware that the trucker driving next to them is intoxicated, drowsy or distracted. Furthermore, a popped tire or faulty brake system may cause a truck to act erratically. Drivers should be fully prepared to respond quickly in these situations.
Healing wounds
Tractor trailer accidents can leave victims with severe injuries, disabilities and emotional trauma. People may suffer from traumatic brain injuries, broken bones, spinal cord injuries and paralysis as a result of the forceful impact. Victims of truck accidents may have to deal with amputated limbs or certain mental conditions, such as post-traumatic stress disorder and anxiety. Some people may not be able to work because of these injuries, which can make it difficult for them to pay for costly medical bills and daily living expenses. A truck accident lawyer in Tennessee may be helpful in getting tractor trailer accident victims compensation for their injuries.
by Queener Law | Mar 11, 2015 | Tennessee, Trucking Accident
According to 19 Action News in Cleveland, the Ohio Highway Patrol recently released a video taken of a truck driver as he was apprehended for driving his rig while intoxicated. The middle-aged man indicated that he had consumed three beers and officers determined through administration of a breathalyzer that he had a blood alcohol content level of 0.32.
A truck accident lawyer in Nashville knows that the Federal Motor Carrier Safety Administration rules prohibit truckers from going above a 0.4 BAC and state that commercial truckers should refrain from driving within 4 hours of drinking alcohol. Following these federal regulations, the trucker was at 8 times his legal limit. Officers indicated that this was the driver’s third drunk driving case. If this truck driver had not been stopped, he may have caused a serious accident that claimed the lives of others.
About the federal clearinghouse
In order to combat the rising issue of drunk truck drivers, and to comply with federal laws recently passed by Congress, the Federal Motor Carrier Safety Administration has proposed the creation of a drug and alcohol clearinghouse. Commercial Carrier Journal reports that the rule will establish a national database of commercial driver’s license holders who have refused to participate in drug testing as well as those who have failed drug testing for various substances including alcohol and marijuana.
Other parties, such as Medical Review Officers and substance abuse professionals would add their information to the clearinghouse as well. Under the rule, carriers would also be required to use the database to examine the actions of their current drivers. Conversely, when truckers with substance abuse problems have undergone the required level of treatment, they can be cleared for safety-sensitive functions within the database.
Potential effects of implementation
The goal is for carrier companies to have a one-stop verification point which they can turn to in order to find information on potential drivers. Many proponents of the clearinghouse claim that if carrier companies know about drivers’ past choices, they will be able to make more informed decisions about the truckers that they hire to fill the vast shortages currently seen within the industry. A truck accident lawyer in Nashville understand that this could help keep unfit drivers off the roads and prevent deadly trucking accidents. An implementation date for the clearinghouse has not yet been announced and the American Trucking Associations has put its full support behind the rule.
While the numbers of drunk and drugged truckers is less than seen with regular drivers, the reality is that even one preventable death is too many. Those who have been affected by the negligent acts of a drunk commercial driver should contact a truck accident lawyer in Nashville immediately for assistance.
by Queener Law | Mar 7, 2015 | Tennessee, Trucking Accident
Approximately 1,241 large truck accidents occurred in Davidson County in 2013, according to the Tennessee Department of Safety and Homeland Security. In 2012, there were 1,391 accidents involving large trucks on Tennessee roadways. The National Highway Traffic Safety Administration reported that at least 10 percent of these deadly truck accidents were caused by jackknifed tractor trailers. The sheer size and weight of tractor trailers alone make them dangerous to motorists, a fact known by a Tennessee truck accident lawyer.
When these massive vehicles are operated by poorly trained or inexperienced truckers, the threat of a jackknife truck accident becomes even greater. Some people believe that there are ways these devastating accidents can be avoided. By taking the proper precautions, truckers could save the lives of thousands of people each year.
What is a jackknife truck accident?
According to the NHTSA, over 90 percent of all jackknife truck accidents involve single tractor trailers. When a trucker loses control of the tractor trailer’s angle, the trailer can swing out alongside the tractor and may come to rest at an awkward angle. There are several ways this can happen, according to Protective Insurance. Truckers who slam on their brakes may cause the trailer to skid out of line with the truck. A jackknife accident can also occur if the trucker approaches a turn too fast and the truck’s tires are unable to maintain its direction.
Motorists may see more jackknifed trucks during inclement weather conditions when the roads are slippery. A Tennessee truck accident lawyer notes that truckers have an increased chance of jackknifing on roads with tight curves. Tractor trailers that are empty or carrying light loads might struggle under the pressure of the truck’s forceful braking system. It is easy for the brakes on these lighter trucks to lock up, causing the trailer to swing wide. Although heavier trucks are less likely to swing out of alignment, big rigs with unbalanced brake systems are at greater risk for creating an incident.
Preventing jackknife accidents
In many cases, jackknifing is preventable. Truck drivers in Tennessee and across the country should be properly trained on how to avoid jackknifing. The key to preventing a jackknife truck accident is to reduce the speed of the tractor trailer, especially during bad weather conditions. Trucks traveling at more than 55 mph are more likely to lose control of the trailer’s angle. If truckers should find themselves in a situation where they are skidding to the side, they should gently ease up on the brakes and attempt to straighten out the trailer.
Jackknife truck accidents can cause serious injuries and the unnecessary deaths of innocent motorists. Truckers should be aware of how to react in these dangerous situations in order to prevent accidents from occurring. Negligent truck drivers who do cause an accident may be held liable for their actions. A Tennessee truck accident lawyer may be able to help victims of tractor trailer collisions.
by Queener Law | Jan 22, 2015 | Tennessee, Trucking Accident
Unaware of the dangerous road that lies ahead, thousands of truck drivers choose to take a shortcut over U.S. Route 129, along the Great Smoky Mountains National Park’s western edge, rather than drive an additional 100 miles around, according to The Jackson Sun. However, Tennessee has now banned trucks that measure greater than 30 feet from traversing the curvy road referred to as The Dragon. Many tractor trailer accident attorneys Nashville are well aware that this treacherous road has been the site of over 200 motor vehicle accidents from 2010 to 2012, and six of those accidents involved deaths.
The National Highway Traffic Safety Administration reported that in 2012, which is the most recent year that large truck fatality information is available, 107 people were killed in accidents involving large trucks across the state. This fatality rate has been climbing since 2009, where 86 lives were lost due to large truck collisions. State officials hope that the new ban will reduce the number of car, truck and motorcycle accidents that occur on the road each year.
The Dragon
Every year, people from around the country and some tourists from other countries are attracted to The Dragon’s amazing curves. According to tractor trailer accident attorneys in Nashville, the road has approximately 318 of them, all within its 11 mile span. Due to its twisty design, however, truckers can have an especially hard time maneuvering around the turns, and in some cases, cars and motorcycles are forced off of the road as a result.
When an accident does occur, the entire road can be blocked for hours during the cleanup process. The North Carolina side of the road has had a large truck ban in place for years, while Tennessee had a posted sign warning truckers of the dangerous curves. Now Tennessee will update their signs in January to inform all motorists of the new ban.
The dangers of large trucks
Even an extremely skilled and focused truck driver can unintentionally cause a devastating truck accident when they become stuck on risky terrain. Inclement weather conditions, including high winds, ice and snow, can make matters even worse. State officials, local residents and loyal tourists all hope that the large truck restriction on the winding Tennessee roadway will reduce the number of injured victims and help everyone enjoy the road’s vivacious curves.
Victims that have been seriously injured in truck accidents should consider the benefits of contacting tractor trailer accident attorneys in Nashville.
by Queener Law | Jan 20, 2015 | CO Truck, Colorado, Kentucky, Tennessee, Trucking Accident
Roadways are filled with massive tractor-trailers responsible for transporting essential goods across the state and country. While most motorists are somewhat used to navigating around these giant vehicles, drivers who have a better understanding of how commercial trucks operate may be able to prevent a catastrophic accident from occurring. There are some behaviors drivers can practice to maximize their safety on the freeway.
Trucks Need a Greater Distance to Stop
Tractor trailers can weigh up to 80,000 pounds. According to the Tennessee Department of Transportation, they may exceed 70 feet in length, making them much more challenging to maneuver than a traditional motor vehicle. Semi-trucks require a longer stopping distance to compensate for their size and weight. For example, a car going 55 mph will take an average of 240 feet to come to a complete stop. Conversely, a tractor-trailer can take 450 feet or more to stop, depending on its exact weight, length, and how fast the truck is going. Drivers should avoid pulling out in front of trucks or cutting them off while making lane changes to prevent getting rear-ended in a truck accident.
Trucks Make Wide Turns
Whether tractor-trailers pull out wide to make a right or left turn, it’s important to give them plenty of room on both sides. Motorists should never attempt to squeeze in the lane between the truck and the curb, but rather should look for the truck’s turn signal and be patient. Remember, getting too close to a turning tractor-trailer may cause a devastating truck accident. Patience in these situations can prevent tragedy.
Trucks Have Large Blind Spots
Tractor trailers have larger-than-normal blind spots, also referred to as no-zones. Truck drivers cannot see vehicles that ride in these zones, located behind and on each side of the truck. The most significant blind spots occur on the right-hand side and behind the truck. Motorists should not linger in these areas to avoid truck accidents and crash injuries. Motorists must understand that if they cannot see the mirror on the side of the tractor-trailer, the truck driver cannot see them.
Trucks are Bigger Than Cars
Drivers need to remember that a tractor-trailer is often four times the size of their vehicle. If a semi is pulling a double trailer, that size difference changes dramatically. This means tractor-trailers need much room when changing lanes or entering freeways. Motorists who try to compete with semis for the same space will not win against a vehicle this large.
Whether a large truck operator is driving while drowsy, distracted, or impaired, motorists must stay focused. Identifying the critical signs that a truck driver is driving negligently can be a matter of life and death.
If you have been injured due to truck driver negligence, the next step would be seeking legal counsel from an experienced tractor-trailer accident attorney, like Henry Queener, as soon as possible.
