by Queener Law | Apr 19, 2018 | Tennessee, Trucking Accident
In Tennessee, truck drivers are prohibited from using their cell phones with their hands, but hands-free systems, which are also distracting, are allowed. The Federal Motor Carrier Safety Administration prohibits the use of handheld cell phones while truck drivers are driving. The drivers are also forbidden from using hands-free phones if they must press more than one button to make a call. While the FMCSA recognizes the dangers of texting while driving and has moved to make doing so illegal, using a hands-free system is also distracting and may lead to truck accidents.
FMCSA Rules About Cell Phones
The FMCSA has rules in place about the use of cell phones while truck drivers are driving. They are prohibited from using phones that require them to hold the phones in their hands when they make calls. They are also prohibited from using phones that require them to push more than a single button to make a call. Finally, they cannot have their phones positioned in such a way that they are forced to reach for their phones, making them lean over and out of a seated position.
Why Hands-free Systems Are Distracting
Dialing on a hand-held cell phone, reading text messages or typing messages cause three different types of distraction, including visual, manual and cognitive distraction. Hands-free systems take away the problems of visual distraction and manual distraction because the drivers can keep their eyes on the roads and their hands on the wheel. However, when their cognitive attention is divided between responding to a message or talking and concentrating on the road, they are still cognitively distracted.
In addition, while hands-free system manufacturers claim that visual distraction is eliminated, most drivers who use hands-free systems still tend to glance at their phones when they are sending voice texts. Most people check to see if what they say is being translated accurately because the translators are known for making mistakes.
Because people tend to think that they are being safe when they use hands-free systems, this may give them a false sense of security when they are driving. Truck drivers may be distracted while they are sending text messages by voice or when they are talking on the phone over their hands-free systems, and these issues may result in accidents.
by Queener Law | Mar 21, 2018 | Tennessee, Trucking Accident
The American trucking industry is heavily regulated, but regulations may not be enough to keep Tennessee roadways safe. Although other motorists and pedestrians depend on trucking companies and drivers to comply with the laws, it’s not uncommon for truckers and the companies they work for to blatantly ignore regulations, operating under the influence, without the proper licenses and insurance, and while in violation of hours of service regulations. When they fail to abide by the law, catastrophic accidents that injure or kill others often result.
Important Trucking Regulations
Because commercial trucks are much larger and heavier than other vehicles, they are particularly dangerous in accidents. As a result, there are regulations that limit the number of hours that drivers may work per day and per week and mandatory rest periods during which truckers are not supposed to perform any work. There are also regulations that limit the total allowed length of the trucks and their maximum weights. Drivers are not supposed to drive while impaired, and they are not allowed to text on their cell phones. Trucking companies are supposed to keep their fleets in good working condition and promptly repair any parts that might be failing. All of these regulations are meant to enhance the safety of large trucks so other motorists may be protected.
When Drivers and Companies Skirt Rules
Despite the existence of the regulations, some drivers and trucking carriers regularly skirt the rules. For example, one Georgia owner-operator trucking company was shut down by the Federal Motor Carrier Safety Administration after a co-owner/driver was found to have violated multiple regulations when he caused a fatal accident. The driver failed to slow when he approached a construction zone and struck a slow-moving Jeep while traveling at 63 mph. The Jeep’s driver was killed, and the passenger was seriously injured. The FMSCA found that the truck driver was driving with a suspended license and that the truck was uninsured. In addition, it found that the company failed to follow regulations for driver qualifications and it failed to carry adequate insurance, along with multiple other regulatory violations.
While regulations are important, it is equally important to ensure that companies and drivers follow them. Increased enforcement efforts could help get unsafe drivers and companies off of the roads.
by Queener Law | Mar 15, 2018 | Tennessee, Trucking Accident
A Republican-sponsored bill in Congress would expand a pilot program under the FAST Act to allow drivers under the age of 21 who have commercial drivers’ licenses to drive large trucks across state lines, including in Tennessee. The previously passed pilot program allows drivers between the ages of 18 and 21 who are military veterans to drive commercial trucks across state lines, but other people in the age group may not. While the bill’s backers claim that the expansion is warranted because of the shortage of qualified truck drivers for the trucking industry, drivers in this age group have been shown to have higher risks of accident involvement. The passage of this bill might mean that there would be a corresponding increase in the truck accident injury and fatality rates in Tennessee and in the rest of the nation.
What the Wheel Act Would Do
In 2016, Congress passed the Fast Act. This law established a pilot program through which minors between the ages of 18 and 21 who were veterans and who had CDLs were allowed to drive for trucking companies in interstate commerce. However, other drivers in the same age group who were not veterans but who did have CDLs were not allowed to drive across state lines. The Wheel Act, which is sponsored by Representative Claudia Tierney, R-New York, would expand this demographic to include anyone who is between ages 18 and 21 as long as they had clean driving records, CDLs, and certificates showing they completed safe driving courses. Tierney says that the expansion is needed because the trucking industry is expected to have a shortage of 175,000 drivers by 2024.
Why the Wheel Act Should Not Pass
The bill and its sponsors are focused on the trucking industry’s interests rather than on the public’s welfare. Teens are less experienced drivers, and statistics have demonstrated that younger drivers account for far more injury and fatality accidents than older drivers. Allowing drivers who are younger than age 21 to drive commercial trucks is likely to cause an increased number of truck accidents as well as a corresponding increase in injuries and fatalities. It is unclear whether this bill will pass, but public safety could be at risk if it does.
by Queener Law | Jan 16, 2018 | Colorado, Kentucky, Tennessee, Trucking Accident
Following an increase in truck accident fatalities over the past seven years, survivors and safety advocates are urging the Federal Motor Carrier Safety Administration to finalize multiple safety regulations that have been placed on hold. Truck Safety Coalition members attended the nomination hearing of the new administrator of the FMCSA in Oct. 2017. They wanted to draw attention to the importance of a number of safety regulations in the hope that the FMCSA would finalize the rules and begin enforcing them. However, the anti-regulatory environment makes it less likely that the rules will be finalized in the next few years.
Safety Rules at Issue
Despite the push by lobbyists for another delay, the electronic logging device mandate went into effect on Dec. 18 as scheduled. Trucks must now have electronic logging devices installed that track when the trucks are moving. It is thought that the ELD mandate may prevent truck drivers from falsifying their logbooks to get around hours-of-service rules.
Other regulations have not been finalized or implemented, however. A proposed sleep apnea rule that would have required screening for sleep apnea that is similar to what is required of pilots was withdrawn by the FMCSA. Sleep apnea interferes with sleep patterns, causing people who suffer from the condition to feel fatigued. The sleep apnea rule was meant to reduce drowsy and fatigued driving by truck drivers.
Advocates have also been calling for an enhancement in driver training rules to require more hours behind the wheel. The proposed rule that would have required trucks weighing more than 26,000 pounds to have speed limiting devices installed has also not been finalized. The Trump administration is still considering it, and it is uncertain whether or not it will be enacted.
Truck Accident Increases
Truck accidents have increased over the last seven years. In 2016, there were 4.317 people who were killed in accidents involving large trucks. Many of these accidents were caused by some of the issues that the proposed regulations would address. Despite this, it is unlikely that the FMCSA will act to prioritize safety because of the anti-regulatory push in the administration.
by Queener Law | Dec 18, 2017 | Tennessee, Trucking Accident
Advanced safety technology in large trucks may greatly reduce the number of truck accidents in Tennessee and elsewhere, according to a new report. The AAA Foundation for Traffic Safety found that 63,000 truck accidents could be prevented each year if trucking companies installed safety technologies on all of the trucks in their fleets. The organization reviewed data about lane-departure warning systems, automatic braking systems, video safety systems and air disc brakes and recommended that companies install all of them.
Effects of Safety Technology
The AAA Foundation for Traffic Safety reviewed the literature of truck accidents and the data about various types of safety technology. They found that the installation of lane-departure warning systems in all of the trucks in the U.S. could save 115 lives, prevent 1,342 injuries and result in 6,372 fewer crashes each year. Onboard video safety systems would prevent 17,333 injuries, save 293 lives and prevent as many as 63,000 truck accidents annually.
The foundation also found that automatic brake systems could save 55 lives and prevent 5,294 accidents and 2,753 injuries. Finally, air disc brake installations could save 37 lives while preventing 2,411 accidents and 1,447 injuries. The foundation recommends that these systems be installed on all trucks to help to prevent truck accidents that cause severe injuries and death.
Why Aren’t the Systems Used More Often?
These technologies are relatively new and are treated as options instead of as standard equipment on new trucks. Some carriers choose to purchase trucks without these options to save money. In addition, many carriers have fleets of trucks that are older. They argue that the cost of retrofitting their fleets would be prohibitive. There are no current regulations that require that manufacturers include these systems on new vehicles or that companies install them on their existing fleets.
Despite the initial cost outlays, companies could derive several benefits by installing advanced safety technology in their fleets. They could help to prevent accidents, deaths, and injuries. The installation of safety technology could also save substantial amounts of money over the long term by reducing the number of claims and payouts. When truck accidents happen, a truck wreck attorney may represent injured victims to help them to recover damages from the trucking companies and drivers for their losses
by Queener Law | Nov 21, 2017 | Tennessee, Trucking Accident
In Tennessee, commercial truck drivers work long hours and may be distracted by many things beyond their cell phones. Truck drivers should avoid distractions while they are driving so that others who are traveling nearby will be safer. In addition to cell phones, drivers may be distracted by others who are traveling with them, eating, dispatch equipment, billboards, people outside of their trucks and more. By understanding the potential for and danger of distraction, drivers may be better able to focus their attention on the road and minimize their risks of causing accidents. A semi-truck accident lawyer may help victims who have been injured in crashes caused by distracted truck drivers.
Distractions to Avoid
According to the Federal Motor Carrier Safety Administration, 71 percent of crashes involving large trucks that were caused by truck drivers happened when they were engaged in other activities besides driving. By remaining focused on the roads, truck drivers can help reduce the risk of accidents. While cellphones are responsible for a large percentage of distracted driving accidents, a number of other activities are also distracting to truck drivers and should be avoided.
One of the leading causes of large truck crashes is driver inattention that results from distractions outside of trucks. These can include billboards, people, buildings and others. In 2006, a study found that as many as 80 percent of large truck crashes involved truck drivers who were inattentive within 3 seconds of the accidents.
Texting while driving is notoriously distracting, and it is illegal for commercial truck drivers. When people text and drive, their manual, cognitive and visual attention are all directed away from the road. Drivers should likewise not use their dispatching devices while they are driving. Instead, they should pull off of the road when they need to use these tools.
Some activities that might seem innocuous, like eating or drinking, are also highly distracting to truck drivers. One recent study found that driving while eating might be even more dangerous than driving while talking on a cell phone. It is better for drivers to wait and eat on their breaks.
Driver distraction is a huge problem that can lead to preventable accidents. A semi-truck accident lawyer may gather evidence that shows driver distraction caused truck accidents.
