by Queener Law | Feb 7, 2016 | Tennessee, Trucking Accident
There are roughly 3.5 million professional truck drivers in America. Each day they carry the goods and cargo that keep the economy going strong. It’s hard work. It’s long work. It’s tiresome work and there are efforts being made in Congress to make the work harder and the hours longer. Key changes tucked within the highway bill include the following:
Allowing Longer Trucks
Current law allows for the transport of two, 28-foot trailers. The bill passed by the House would allow the transport of two, 33-foot trailers. Should the Senate pass the bill, this will mean that trucks could be up to 91 feet long. That’s the equivalent of an 8-story building. Coupled with increased highway speeds around the country, that means more inertia, longer stopping times (roughly 252 feet as opposed to the current 230 feet), and a greater risk of accidents caused by both blind spots and drivers who are simply unable to stop their trucks in time to prevent an accident. It’s a common problem in cases handled byTennessee truck accident lawyers.
Lowering the Driving Age
Current law requires interstate drivers to be 21-years old before they can obtain a commercial drivers license. The House bill would have given states the authority to lower the minimum age for interstate truck drivers to 18. Had it passed, it would have meant that drivers with far less experience would have been given the responsibility of transporting cargo from coast-to-coast without the experience and skill to do so safely. Trucking industry advocates argue the move is necessary in order to offset the current shortage of truck drivers.
Currently, 49 states allow truck drivers to be as young as 18 as long as they don’t cross state lines. This is allowed even though statistics show that drivers under 21 are at greater risk for being involved in a fatality causing accident. The NHTSA’s statistics show that up to 19% of all fatality accidents involve a driver under the age of 21. While the proposal was removed from the highway bill, it was replaced with a pilot program involving military veterans with truck-driving training and experience. Data from this program will be used to determine whether it is feasible to reconsider lowering the driving age in the future.
Eliminating Rest Periods
Current law requires truck drivers to take two consecutive nights off every week. The House bill would remove that requirement and allow drivers to take a single night off. This will increase driver fatigue which is a leading cause of trucking accidents.
The dangers of these proposals are evident. Every year, nearly 4,000 people die, and thousands more are injured in truck related accidents. Since 2009, there has been a 17% increase in fatalities, and a 28% increase in injuries. These statistics should give legislators pause as they consider changing regulations that are designed to reduce the number of injuries at fatalities on American roads.
Removal of Safety Rating Information
Truck companies’ federal safety ratings are currently listed on the Internet where the public can view them at will. Proposed changes by trucking industry lobbyists would remove these from public view. These ratings show information from compliance with federal regulations that can impact a company’s insurance rates or dissuade customers from using a company for their cargo transportation needs. Should Congress grant this request, it will mean that shippers will not have full and complete information to review prior to making a decision on which company to hire.
Fatalities by the Numbers
The Federal Motor Carrier Safety Administration has declined comment on these proposals, however, the statistics compiled by the National Highway Traffic Safety Administration show just how dangerous these proposals could be. According to NHTSA data, 3,964 people were killed in crashes involving large trucks in 2013. This number has been steadily increasing since 2009. These numbers will increase should these changes to existing law occur. Not only will the changes mean longer trucks and longer hours, future changes could introduce younger and less experienced drivers into the mix. Taken together, these changes and potential changes in the future create a recipe for increased accident rates around the country.
Resistance from the State Legislatures
Legislators from Mississippi, Illinois, and Pennsylvania have announced they will vote to oppose these proposed changes to the law. In particular, they share the concerns of Tennessee truck accident lawyers regarding the extension of truck length and the increased weight they would carry. Citing both safety and infrastructure concerns, it’s likely that legislators within these three states will hold firm in their positions. Moreover, the public has made their position clear; according to Advocates for Highway and Auto Safety, 77% of motorists are opposed to sharing the road with longer trailers. It’s unclear how Tennessee’s legislature will react to the proposed changes, however, it’s notable that Tennessee Senator Lamar Alexander has voted in favor of them.
by Queener Law | Feb 2, 2016 | Tennessee, Trucking Accident
Pressure on semi truck drivers to stay on the road and deliver goods is causing an epidemic of semi truck accidents. The National Transportation Safety Board reports fatigue played a role in more than 20 percent of major accidents, many of which involved multiple vehicles or fatalities. Nationally there has been a push to regulate driver fatigue and eliminate some of the factors that lead to overly tired drivers, but change is slow in coming.
(Article continues below Infographic)
Causes Of Fatigue
Driver fatigue has roots in several behavior and environmental factors that a semi truck accident lawyer will examine.
Sleep
The primary cause of fatigue is a lack of sleep. On average, a semi truck driver only receives 5 hours of uninterrupted sleep a night, even though adults need 7-9 hours to be well rested.
Drivers face a lack of sleep because they feel pressure to stay on the road. Companies institute tight deadlines and only pay for the miles a driver covers, so it’s tempting to falsify log books and reduce sleep time for many drivers. Further complicating the problem are environmental factors, like heat and an uncomfortable sleeper cabin, which reduce the quality of the sleep drivers get.
Irregular Hours
Human beings are most productive during daylight, but daytime driving is not always possible for truck drivers. Federal driving regulations established a 11 on/10 off rule that limits drivers to 11 hours of driving after 10 full hours off duty.
Instead of sleeping on a normal, predictable schedule, drivers find themselves sleeping at odd or different hours every day. The changes in sleep pattern make it difficult for drivers to fall asleep, so much of their downtime is spent awake.
Highway Hypnosis
Long-haul drivers face countless miles on roads with little change of scenery for hours. The problem gets worse when they drive at night. As they drive, their mind starts to wander, and soon they enter a dissociative trance, where they are mentally disengaged with the road.
Fatigue exacerbates highway hypnosis, by causing disengaged drivers to fall asleep at the wheel. As many as 1 in 4 drivers report nodding off while driving, and many of them blame the monotonous nature of long-haul driving.
Though drivers are most often held liable for accidents involving driver fatigue, trucking companies can also be brought into the lawsuit. Companies that are shown to ignore complaints of fatigue from drivers or scheduled a driver to be on the road in violation of drive time rules can be held at fault.
Fatigued drivers increased the total number of semi truck accidents, and contributed to the rise in cost for each accident.
The Cost Of Semi Truck Accidents
A semi truck accident lawyer pursues two types of damages in an accident.
Economic
Economic damages are those directly related to medical treatment and loss of wages as the result of someone else’s negligence. The sheer size and weight of semi trucks substantially increases the risk of serious injuries or death in cases a semi truck accident lawyer handles. The Federal Motor Carrier Safety Administration found accidents involving semis carried an economic cost of more than $330,000, a number that ballooned to $1.2 million when a truck pulled multiple trailers. In the event of a fatality, the FMCSA reports damages of over seven million on average.
Non-Economic
Pain and suffering, loss of use or enjoyment, and emotional distress are all considered non-economic damages a semi truck accident lawyer can seek. In 2015, the Tennessee Supreme Court ruled non-economic damage caps unconstitutional, opening the door for ever larger payouts to victims of fatigued drivers.
Drive Time Regulations
The problem of driver fatigue is so great that the government is working overtime to solve the issue. Because of the inter-state nature of long-haul trucking, oversight of drive time regulations falls into the hands of the federal government. The rules include:
- 11 Hour Limit: Drivers may only drive for 11 hours in a row after an uninterrupted 10 hour break.
- 14 Hour Limit: Drivers are limited to 14 total hours of drive time and on-duty (ie. loading, inspection, and maintenance) time before a 10 hour break
- 60/70—7/8 Rule: Drivers are limited to 60/70 hours of duty time in a 7/8 day period. The clock continues until the driver takes a required 34 hour break.
- Rest Breaks: Drivers must be off-duty for no less than 30 minutes on a break
Drivers are required to keep a log book of all of their activities that can be used by a semi truck accident lawyer to show violations of drive time regulations.
Semi truck accidents continue to be a problem on Tennessee roads, causing serious property damage and injuries. By attacking the causes of driver fatigue, and using a semi truck accident lawyer to seek damages after an accident, the road can become a safer place.Categories
by Queener Law | Jan 28, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
Technology is continually evolving to make our lives easier and safer. As advancements in vehicle safety are developed, they have the potential to reduce the number of truck involved accidents throughout the country. Unfortunately, while technology advances rapidly, legislation and regulation evolve slowly. This means that even though technology exists that could make driving large trucks safer, it can take years before such technology becomes required equipment on vehicles.
“See Through” Camera Technology
One of the greatest risks drivers on the road face is attempting to pass a large 18-wheeler traveling the slow lane. There is an immense barrier between the truck and oncoming traffic which means the driver of a passenger vehicle traveling behind an 18-wheeler must pull out slightly to see ahead before attempting to pass. The National Highway Traffic Safety Administration’s 2014 data shows that there were nearly 840,000 blind spot accidents last year that resulted in 300 fatalities. See through cameras being developed could help reduce this number by using cameras mounted on the front of a truck to project an image on the rearward cargo door. This would allow drivers to see through the truck so that they can see oncoming traffic and vehicles that are positioned directly in front of the truck.
Automatic Braking Systems
Available on the commercial market for about the past ten years, automatic braking systems detect slow-moving vehicles in the path of a truck. Once a slow-moving vehicle is detected by the system’s radar, it automatically engages the braking system. According to NHTSA statistics, rear-end collisions in 2011 accounted for 28% of accidents and 115 fatal crashes involving large trucks. Automatic braking systems could reduce this number considerably by not only reducing the number of accidents, but the speed at which they are occurring. As these systems become more common in passenger vehicles, their $4,000-$5000 price tag for installation in commercial trucks is falling, too. With regulation requiring its installation, it would make automatic braking systems an affordable technology that is a wise investment in public safety. Trucking industry estimates from 2013 showed that only 8-10% of trucks are currently equipped with automatic braking systems.
360-Degree Awareness Systems
Volvo is currently testing 360-degree awareness systems that use a combination of sensors and cameras to alert truck drivers to everything from the presence of pedestrians around their trucks, to the encroachment of other vehicles behind their trucks. In 2013, there were roughly 242,000 sideswipe accidents that led to 27,000 injuries and 2,500 fatalities. Many of these involved large trucks who were unable to see passenger vehicles situated within blind spots around the truck. 360-degree awareness systems would eliminate these blind spots and make it safer for trucks to change lanes or make turns.
Autonomous Trucks
Daimler Trucks of North America is currently testing systems that would effectively relieve the driver of many of the responsibilities of driving. The system would control steering, throttle, and braking systems. This would reduce cognitive strain on the driver and effectively turn them into a passenger who can take control should the situation warrant. Moreover, if the driver fails to respond to a warning issued by the system, it immediately slows the vehicle and pulls it over to a complete stop on the side of the road. This would be a significant help in preventing drowsy driving accidents which the NTSB and many truck accident lawyers estimate is a contributing factor in 30-40% of all truck involved accidents.
Dynamic Steering
Similar to power steering when it first made its appearance, dynamic steering makes the task even easier. Dynamic steering accounts for pot holes, ruts in the road, and traverse over mixed-friction surfaces, and wind condition to keep a truck traveling in a straight line. This reduces muscle strain on a driver and enhances a driver’s ability to maintain control of the truck. This technology could have a considerable impact in reducing the number of loss-of-control accidents caused by adverse weather conditions, crumbling roads, etc.
Lane Departure Alarms
Drowsy driving and distracted driving are the leading causes of lane departure accidents. Lane departure alarms utilize a series of cameras and sensors to determine when a vehicle is veering off the road. When the system is triggered, it mutes the radio and initiates a loud alarm that continues until the vehicle returns to the lane.
Each of these technologies have been presented to legislators and regulators tasked with making America’s roads safer. While many of these systems are available commercially, none of them are required equipment. As such, a relatively small fraction of commercial trucking vehicles are equipped with these systems. However, with the number of trucks on the roads expected to increase exponentially by 2020, these technologies will play a considerable role once they are reviewed for their effectiveness and regulations are put in place requiring their installation on commercial trucking vehicles.
by Queener Law | Jan 21, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
Fatigued driving, more commonly called “drowsy driving” is becoming a serious problem on American roads. The Centers for Disease Control (CDC) estimates that it is responsible for 1 in 5 accidents. It’s a problem that police departments and government entities are growing weary of as more and more people take to the roads.
In 2013, the National Highway Traffic Safety Administration’s (NHTSA) statistics showed that drowsy drivers were responsible for 72,000 accident which caused 44,000 injuries and 800 deaths. The caveat to this statistic is the CDC believes the NHTSA’s statistic is a gross understatement. Their research indicates that drowsy driving is responsible for up to 6,000 fatal accidents every year.
Owing to this discrepancy, as well as proposals within the Highway Bill that would extend driving hours for truck drivers, Congress has included a study on drowsy driving into the $305-billing “Fixing America’s Surface Transportation Act.” The study will be conducted by the Department of Transportation (DOT) and is aimed at reducing the overall number of fatalities and injuries involving tractor trailers and truckers. Analysts will aim to determine the effect of commutes that are 2.5 hours or longer on accident rates.
In 2014, the NHTSA’s statistics showed that 4,000 people died in collisions with tractor trailers; many of these accidents were the result of drowsy drivers. It’s a problem the Federal Motor Carrier Safety Administration (FMCSA) has attempted to tackle for years. In 2011, they issued several new rules that would reduce the hours of service for truck drivers and require them to take a 30-minute break from driving during the first 8-hours of their drive. The rules also required a 34-hour break every 7-days. The cumulative effect of these reduced the maximum number of hours a truck driver could drive to 70 per week.
While it looked good on paper, the FMCSA has discovered two significant problems over the past few years. For starters, some companies are pushing their drivers to drive the maximum number of hours allowed under the rules. It’s a common problem encountered by trucking attorneys litigating accident cases as drivers are regularly being pushed to their physical and mental limits which increases the likelihood a driver will be involved in an accident as they have little time to rest and recover before their next shift begins. Further, investigators from the FMCSA inspecting logbooks and company records have discovered that many companies have been granted waivers by the FMCSA and are operating under previous rules. Drivers working for these companies are working far in excess of their peers within the industry and are at greater risk for accidents as a result.
One facet of drowsy driving the study will examine happens to be the most difficult to resolve; that is that driver fatigue is difficult to spot by the drivers themselves. Fatigue is something that creeps up slowly and before a driver recognizes they are too tired to drive, they are often involved in an accident. For now, the DOT is urging all truck drivers to pay closer attention to their own health and well-being while they drive by recognizing the signs of fatigue. They also caution that drivers should not ignore symptoms including increased yawning, decreased focus, and changes in visual acuity as these are the first symptoms that a driver is tired. They strongly recommend that drivers experiencing these symptoms should pull over and rest before continuing on their journey.
Drivers, regulators, and regulators are anticipating the results of the study, however, as of now there is no timeline for delivery of these results. While the DOT study will offer important insight into drowsy driving, its myopic focus on long-haul drivers will only tackle part of the drowsy driving problem. Of greater concern is that it is not just truck drivers who are driving tired.
There are 3.5 million truck drivers in America and they share the road with over 200 million drivers of passenger vehicles. Thus, the study and any recommendations the may reduce the danger of a truck driver causing an accident due to fatigue, it will do little to stop trucking related accidents caused by a fatigued driver of a passenger vehicle. According to a 2012 survey by the CDC, 1 in 25 drivers of passenger vehicles self-reported having fallen asleep behind the wheel in the month preceding the survey. Extrapolated, it means that there are more tired drivers on the road at any given moment than there are truck drivers in the entire country.
Because a drowsy driver of a passenger vehicle is more likely to be involved in an accident, including collisions with 18-wheelers, it’s an issue that AAA and many trucking attorney’s are urging legislators and regulators to seek solutions for as well. However, for now it’s an issue that’s taking a back seat to the study of professional drivers whose lives and livelihood are on the line.
by Queener Law | Jan 17, 2016 | Colorado, Kentucky, Tennessee, Trucking Accident
Each year, approximately 4,000 Americans lose their lives in truck related accidents, and another 85,000 are injured. Alarmingly, the number of fatalities due to big rig accidents has been steadily rising since 2009. According to the Unites States Department of Transportation, speeding is the leading driver related factor in accidents involving large trucks.
What is even more disturbing is that the level of damage incurred in an accidentwith a big rig increases with each additional mile per hour. At just 65 mph., it can take a fully loaded large truck nearly the distance of two football fields to come to a complete stop. Some states have raised their highway speed limits to 70, 75, 80 and even 85 mph. For large trucks, these limits are reckless and needlessly endanger the lives of truckers and other motorists.
Increased speed raises the risk for the driver to lose control in the event of a tire blowout as well. Since most large truck tires are only rated for 75 mph., and big rigs frequently travel long distances at speeds equal to the maximum or greater, the chance of experiencing a tire blow out is increased. Between 2009 and 2013, approximately 223 fatalities were related to large truck tire blowouts.
The American Trucking Association says it has been warning trucking companies, drivers, and the federal government of the dangers of speeding trucks for years. In 2006, the “ATA petitioned the National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration to require the speed limiter on all large trucks be set in order to electronically limit their top speed to no more than 65 mph,” according to the ATA President and CEO Bill Graves. According to the ATA, requiring speed limiters on large trucks will reduce injuries, fatalities, and property damage due to big rig accidents.
In January of 2011, the government decided to move ahead with the mandate, but more than four years later, the ATA is still waiting. While the Federal Motor Carrier Safety Administration (FMCSA) has not indicated the maximum speed at which these limiters can legally be set, the ATA recommends a maximum speed of 65 mph. for large trucks weighing over 26,000 lbs. and traveling on roads with speed limits of 55 mph. or greater.
The Canadian provinces of Ontario and Quebec mandated electronic speed limiters for large trucks all the way back in 2009. Advocates claim that the year the law took effect, fatalities related to big rigs in Ontario dropped by an impressive 24 percent from the year before, despite an increase of 59 percent in the number of big rigs registered. .Approximately 70 percent of trucking companies in the United States already limit the speed of their trucks with similar electronic speed governors. According to safety advocates, that is 30 percent too few.
Benefits of Electronic Speed Limiters on Big Rigs
Although many truckers are against requiring the placement of electronic speed limiters on large trucks, many experts claim that there are numerous benefits to mandating them.
- Safety: With speeding being a leading cause of trucking accidents, mandating speed limiters would likely reduce the number of accidents that result in injuries, property damage and fatalities. As a result, safety ratings would improve.
- Lower Insurance Premiums: Better safety ratings would likely mean lower insurance premiums for trucking companies.
- Better Fuel Mileage: Slower speeds result in large trucks getting better fuel mileage.
- Repairs and Maintenance: Faster speeds are harder on large trucks, requiring them to have maintenance and repairs done more frequently. Additionally, traveling at speeds faster than tires are rated for can cause heat to build up and the rubber to be damaged, raising the risk for blow outs that could result in an accident, and will definitely result in the need for new tires.
The National Highway Traffic Safety Administration reports that it is in the process of developing a new rule that will soon mandate electronic speed limiters on large trucks. Additionally, the NHTSA is working on changing tire labeling requirements to include the maximum speed for which big rig tires are rated.
Although the impact that electronic speed regulators will have on safety is clear, those who are opposed to the mandate claim that it will cause highways to become congested and create slower moving traffic when the big rigs attempt to pass each other. This, in turn, could cause hundreds of thousands of frustrated drivers which can lead to road rage accidents.
How A Speed Limiter Works
An electronic speed limiter, also often referred to as a “governor”, operates through electronic sensors which calibrate the truck’s speed and transmit that information to the engine’s computer. When the vehicle reaches a preset maximum speed, the computer restricts the flow of air and fuel to the engine.
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.
