by Queener Law | Jan 11, 2016 | Tennessee, Trucking Accident
9.2 billion tons of freight were moved by truck across the United States in 2012. With a value of $13.6 trillion dollars, that is a weight equivalent of 25,000 Empire State Buildings with a value equal to 3/4 of the United States GDP. These massive numbers continue to grow in size and the monumental task of filling warehouse inventories and supplying the nation’s consumers is being conducted by 3.5 million truck drivers…many of whom are overloaded with both work and payloads.
As the nation’s consumer needs grow, many truckers are finding their vehicles overloaded with cargo as companies attempt to squeeze ever larger loads onto single vehicles in order to cut their transportation costs and maximize their profits. This is a direct violation of both state and federal regulations and is a growing problem within the trucking industry.
Federal Motor Carrier Safety Administration regulations require that cargo be firmly secured within a vehicle using the appropriate combination of tiedowns, wedges, chocks, cradles, shoring bars, and dunnage bags for the cargo being carried. These devices reduce the likelihood that a cargo will shift during transport and cause the vehicle to become unbalanced. Unbalanced and improperly loaded cargos are estimated to be the cause of 7% of serious truck accidents.
Moreover, vehicle overloading can cause axles, suspension systems, the powertrain, tires, or brakes to fail. It can also cause the frame of the vehicle to bend or split making the vehicle unsafe to operate. An overloaded vehicle will have an increased downhill speed, have difficulty climbing up hills, and will require greater distance to stop. It will also have an elevated center of gravity which makes it harder to steer and more prone to rolling over. Combined, overloading a commercial vehicle unnecessarily increases the risks that the truck will be involved in an accident.
In 2004, a AAA sponsored survey showed that 25,000 truck involved accidents were caused because cargo was improperly secured. A truck that is overloaded is more likely to roll, tip, or jackknife, In 2013, jackknifing was reported in 137 accidents, or 5% of all fatal trucking accidents. It’s further estimated that 15,000 trucks per year rollover causing nearly 12% of fatalities in accidents involving semi-trucks.
FMSCA statistics from 2013 showed that 83% of fatal truck accidents involved trucks whose Gross Vehicle Weight Rating (GVWR) was 26,000 lbs or greater. These large trucks are the most likely to be overloaded due to their size and the amount of cargo they can carry. By comparison, trucks with GVWR’s between 10,000 and 26,000 lbs were involved in 17% of fatality causing accidents. While suspected in many of these accidents, overloading was cited as a cause of the accident just .2% of the time.
What’s most concerning about these statistics is that 59.5% of the accidents involving GVWR’s of 26,000 lbs or greater involved vehicles that were carrying flammable liquids. A further 11% involved vehicles carrying explosives, gases, or other flammable solids. These secondary risk factors make collisions with overloaded vehicles carrying these materials especially lethal. And, because these cargoes tend to be destroyed during collisions, it makes it difficult to prove whether a vehicle was in fact overloaded even though law enforcement may strongly suspect overloading to be a contributing cause.
In Tennessee, trucking accident lawyers know that no commercial vehicle can carry a load that exceeds more than 20,000 lbs per axle, or 34,000 lbs per axle group. Further, the total gross weight of the vehicle may not exceed 80,000 lbs. Drivers whose trucks exceed these weight limits can be cited and fined accordingly. Overloading is something that law enforcement and the state’s weigh stations take seriously and regularly cite commercial vehicle drivers for. A driver and the company they work for can both be held liable for the load the vehicle is carrying, and failure to properly secure their load can constitute negligence if the vehicle is involved in a crash.
Can overloading be prevented? Currently, there are software programs that can tell a driver whether a vehicle is overloaded. Overload Protection Software (OPS) logs a vehicle’s axle data and gross loads, then compares this with the vehicle’s charted course. These systems then notify the driver whether their vehicle is overloaded for either its structural limits, or the roads that it will be taking. However, this software is not mandatory on commercial vehicles.
As such, drivers must pay careful attention to the weight and disposition of the cargo they are carrying. If they don’t, even the most innocuous cargo could transform the vehicle into a lethal weapon. To mitigate the risk of an accident, drivers should require company’s provide them with accurate information on the cargo’s composition, and take extra precaution during loading to ensure the vehicle is evenly loaded and the cargo properly secured. Doing so is the best way to ensure an accident free journey.
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 | 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.
