by Queener Law | Dec 18, 2014 | Tennessee, Trucking Accident
Both truck driver negligence and equipment malfunction contributed to an enormous traffic accident involving three tractor trailers and two cars near Monteagle. According to the Chattanooga Times Free Press, motorists were injured when the axle of a commercial truck carrying eggs snapped in two, causing the truck to overturn and spill its contents across the highway. As traffic was stopped at the accident site, another tractor trailer collided with a third commercial truck, spilling cheese and meat onto the highway as well. Fortunately, no one was fatally injured in the accident.
This case is not an isolated incident. In fact, 3,802 U.S. motorists were fatally injured in large truck accidents in 2012. This is a significant increase from the 3,211 people who were killed in 2009, according to the National Highway Traffic Safety Administration. Tennessee’s large truck fatality rate has increased as well, from 86 deaths in 2009 to 107 deaths in 2012.
A closer look at equipment malfunction
Equipment malfunction, which caused the initial truck accident near Monteagle, can result in a devastating accident. According to the Federal Motor Carrier Safety Administration, trucking companies and truckers are responsible for ensuring that their tractor trailersare safe for the road. The trucker must inspect key components of the semi-truck, including the engine, lights, brakes, front suspension, drive axle suspension, drive shaft, axles and tires to make sure that everything is functioning properly. Routine maintenance should also be conducted on a regular basis.
FMCSA reported that in 2012, 20 percent of all large trucks were removed from service because they had too many equipment violations. That equates to more than 2.15 million trucks that did not meet safety or equipment requirements and could have potentially caused an accident.
Truck driver negligence
The second part of the accident in Monteagle occurred when a truck driver was allegedly speeding and failed to stop with traffic at the site of the previous accident. The Insurance Institute for Highway Safety states that it can take a loaded commercial truck nearly 40 percent longer than a passenger vehicle to come to a complete stop. In order to avoid rear-ending the car in front of them, truckers must leave ample space between their truck and the car ahead, and be sure to drive within the posted speed limit. In some areas, the commercial truck speed limit is lower than the speed limit posted for passenger vehicles.
Truck drivers can minimize the risk of an accident, injury and death by refraining from driving while distracted, drowsy or impaired. They should also always perform an equipment inspection before hitting the open road.
by Queener Law | Dec 15, 2014 | Tennessee, Trucking Accident
It takes a highly skilled and trained driver to operate a large commercial truck weighing up to 80,000 pounds. These massive vehicles pose a significant threat to Tennessee motorists when the trucks are operated by incompetent drivers. People who have been involved in a devastating truck accident may have sustained a severe injury, extensive property damage and emotional trauma. Some may have lost a loved one as a result of truck driver negligence. It may be difficult to determine who to hold liable for the extensive damage created in a complicated truck accident. Although many people place the blame solely on the negligent truck driver, the trucking company may also bear responsibility for the collision, and the turmoil it creates.
Truck company responsibilities
Truck companies are responsible for hiring qualified truck drivers who are able to do their job well. Some of their responsibilities include:
- Ensuring that all drivers have taken and passed a drug test and criminal background check.
- Ensuring that all drivers have a clean driving record, free from any significant accidents or penalties.
- Ensuring that all drivers have a valid commercial driver’s license that has not been altered in any way.
- Ensuring that each truck in the fleet is functioning properly, and that all safety equipment is well maintained.
According to the American Trucking Association, there are currently 30,000 to 35,000 available truck driving positions in the U.S. and more freight than trucking companies can handle. In an attempt to meet strict deadlines and move more freight, some trucking companies may ignore federal Hours of Service regulations, which dictate how much time a driver can spend behind the wheel.
Case in point
A high-profile truck accident involving famed actor and comedian Tracy Morgan brought national attention to the issue of negligent trucking companies and truck drivers. According to Businessweek, Morgan and several other passengers who were traveling in a limousine that was rear-ended by a commercial truck have filed a third-party lawsuit against the trucking company responsible for hiring and scheduling the truck driver.
The well-known trucking company had sent the driver to pick up his truck, which was located 700 miles away from his residence in Georgia. Once the truck driver arrived in Delaware, he picked up his 40 ton tractor trailer and started his normal driving shift. When he smashed into Morgan’s limousine in New Jersey, he had been awake for 24 hours. In addition to violating the Federal Motor Carrier Safety Administration’s restrictions on driving time, the tractor trailer involved in the accident was equipped with advanced safety technology that was not working properly when the accident occurred.
Trucking companies can be held liable for any damage, injuries and loss of life that occurs as a result of driver negligence, according to a legal doctrine referred to as respondeat superior. This theory simply states that an employer may be held liable for their employees’ actions if they occur within the realm of their employment. The exact liability charges are ultimately dependent on each unique truck accident case.
by Queener Law | Nov 10, 2014 | Tennessee, Trucking Accident
Although driving a large commercial truck requires skill and concentration, some truck drivers engage in distractive behaviors while sitting behind the wheel for an extended period of time. Just as distracted driving is extremely dangerous for Tennessee motorists, it is especially hazardous for large truck operators, as they are responsible for handling vehicles weighing up to 80,000 pounds. When truck drivers remove their focus off of the road it can result in devastating truck accidents.
According to the National Highway Traffic Safety Administration, 3,802 people lost their lives in large truck accidents in 2012. Approximately 107 of those deaths occurred in Tennessee and many of them stemmed from distracted truck drivers.
Types of truck driver distractions
According to U.S. News, the following activities are significant sources of truck driver distraction:
- Talking or texting on a cellphone: Engaging in these activities while driving inhibits a truck driver’s ability to mentally focus on the road. Texting while driving is also against the Federal Motor Carrier Safety Administration’s regulations, which ban the practice for commercial truck drivers in America.
- Eating: Driven by the need to meet an important deadline or make some addition money on their next paycheck, truck drivers may choose to have their meal while behind the wheel. Not only does eating and drinking while driving require the truck driver to remove their hands from the steering wheel, but spilled food can create a vehicular hazard.
- Programming navigation devices and switching radio stations: Whether truck drivers are adjusting the radio, searching for a CD or programming a navigation device, their eyes, hands and mental focus are taken away from the task of driving. This brief interference increases the risk of serious injury to other motorists on the road.
A distracted truck driver was charged with second-degree murder, six counts of criminal damage and 13 instances of endangerment stemming from a devastating truck accident. According to the Huffington Post, the truck driver’s dash camera recorded him watching videos on his cellphone while driving along the Arizona highway. It also recorded the commercial truck quickly approaching a law enforcement vehicle, which was parked alongside the road. The tractor trailer was going 65 miles per hour when it struck the vehicle, instantly killing the officer inside.
Taking action
In an attempt to reduce the number of serious injuries and fatalities that occur each year as a result of distracted truck drivers, the Federal Motor Carrier Safety Administration has enacted a ban on texting and driving. The law also restricts truck drivers from reaching for and holding a cellular device while driving. Truck drivers caught engaging in these illegal behaviors may face significant fines of up to $11,000. Although hands free cellular devices are legal to use, many studies show the inherent dangers that cognitive distraction has on commercial truck drivers.
by Queener Law | Nov 1, 2014 | Tennessee, Trucking Accident
Distraction is what allegedly caused a Tennessee truck driver to swerve his tractor trailer into oncoming traffic, hitting a bus filled with high school softball players. According to KFOR News, the tragic accident claimed the lives of four young girls and severely injured several other passengers on the bus. One of the injured girls is suing the company that was responsible for hiring the truck driver, claiming that the company failed to properly train and supervise their employee, which led to the devastating truck accident.
Unfortunately, this is not an isolated case. Large truck accidents claim the lives of thousands of Americans each year and injure countless more. The National Highway Traffic Safety Administration reported 3,802 fatalities from accidents involving large trucks nationwide in 2012. Approximately 107 of those deaths occurred in Tennessee. Although there are many variables that can cause a large truck accident, such as truck driver fatigue and distraction, the employer can also be held responsible for the actions of drivers who they directly employ.
The role of the trucking company
Not only are trucking companies required to inspect, repair and maintain vital parts and equipment on their fleet of commercial trucks, they are also in charge of hiring competent and skilled drivers, according to the Federal Motor Carrier Safety Administration. In 2012, the FMCSA was prompted to remove over 171,000 commercial vehicle drivers from service due to excessive driving violations. Over 2.1 million vehicles inspected by the FMCSA were taken off U.S. roadways in 2012 due to violation concerns as well.
A growing demand
According to NBC News, a growing demand to transport and distribute products across the country has led some trucking companies to overlook certain federal regulations regarding driver training, equipment maintenance and driver work hours. There are up to 35,000 unfilled truck driver positions in the U.S., as reported by the American Trucking Association, and that number is predicted to grow substantially in the coming years.
A recent truck accident involving famous actor and comedian Tracy Morgan illustrates how trucking company negligence can result in disaster. The commercial truck that rear-ended Morgan’s limousine was equipped with the latest safety technology; however, the automatic braking system and speed sensors were not working properly, according to a Businessweek report. The driver manning the massive 40 ton vehicle had been awake for nearly 24 hours when the accident occurred. Morgan and several others have filed a third-party lawsuit against the trucking company, who among other things scheduled the truck driver to report to work over 700 miles away from his home.
Despite the growing economy, truck companies must ensure that their vehicles and drivers do not pose a significant threat to other motorists on American roadways.
