Nashville Personal Injury Lawyer - Tractor-Trailer Accidents

One Dead, Three Injured in I-40 Crash Caused by Hit and Run Big Rig

George Fusner — Mon, 30 Nov 2009 14:58:19 GMT

Another tragedy involving teenagers. Lindsey Toft of Montery was killed in an accident on I-40. The November 22^nd crash also left three others injured.

She and her sister, Jessica Toft, 17, were passengers in the back seat of a 2004 Ford SUV being driven by Matthew Harris, 18, of Hanging Limb Highway, Monterey. His sister, Kayla Harris, 19, also of Hanging Limb Highway, was riding in the front seat beside her brother. The four teens were on their way home from seeing a movie, according to the State Trooper Scott Bilbrey’s report. A tractor trailer truck was traveling in the lane left of the teen’s vehicle. The truck driver apparently had given a signal that he was moving over, attempted to enter the Ford’s lane. Harris blew his horn, but still had to swerve to avoid being hit. The Ford then struck the right-side guardrail, and bounced back onto the highway. It then struck a second tractor trailer, ejecting Lindsey Toft through the rear-window. Both Lindsey Toft and her sister Jessica were not wearing seat belts. The report said the SUV was in the the tractor trailers "blind spot." At night that "blind spot" is much reduced as the driver can see the headlights of the vehicle if he looks.

All accidents resulting in injury or death should be investigated quickly and thoroughly. This becomes even more important when it’s a hit and run case like this.

In Tennessee, while citations can be issued for non use of seat belts, failure to use a seat belt cannot be used to decrease awards of lawsuits for negligence of other drivers in crashes. This means that Toft’s family’s damage award would not be reduced by her non-use of a seatbelt. But this presumes that the at fault truck driver can be found – which is why the Toft family should demand nothing short of an immediate investigation or hire an experienced tractor trailer attorney to investigate for them!

Originally posted at InjuryBoard by George Fusner

Two College Students Killed in Sewanee Tractor Trailer Wreck

George Fusner — Mon, 12 Oct 2009 10:17:47 GMT

19-year-old Kathryn "Katy" Christianson of Chattanooga and 18-year-old Kathleen Beech of Clarksville were killed in the Thursday morning crash while they are two other University of the South rowing team members were en route to practice. The accident occurred at approximately 7 AM local time. This hits close to home as I have a son in college.

According to police reports, Beech (the driver of the vehicle) went to cross U.S. 41-A at Airport Road when her vehicle was struck by an oncoming tractor-trailer, driven by John H. Tucker. Tucker was treated at a hospital and released.

It is a difficult time for all those involved to pick up the pieces. Ms. Christianson and Ms. Bleech leave behind friends, family, and teammates. They all have my condolences.

Many facts of the accident remain untold. What was the cause of the accident? Did Ms. Bleech not see the truck? It was early enough, he should have had his lights on. How fast was the truck going? These are questions that hopefully will find answers. Also, the passengers of Ms. Bleech’s vehicle (as well as Ms. Christianson’s family) can recover from the insurance policies of both Ms. Bleech and the truck driver, even if Ms. Bleech was the more negligent driver.

If you or someone you know is injured as a passenger of a vehicle, talk to an experienced car wreck or tractor trailer wreck attorney about recovering what is due. Just because the driver of your vehicle was negligent does not bar you from recovering from the other driver’s insurance policy or from their insurance policy if you are a passenger. IN some cases if there is not enough insurance your own underinusred motorist policy may allow for a recovery as well.

Originally posted at InjuryBoard by George Fusner

Companies Keep Unsafe Trucks and Drivers on the Road

George Fusner — Wed, 02 Sep 2009 00:15:00 GMT

It’s an issue that is largely ignored by the media. Most people don’t come in contact with it until it’s too late. It’s truck safety – or lack thereof. The American Association for Justice (AAJ) just released a press release tackling the issue. To better get its point across, the AAJ used statistics from the Federal Motor Carrier Safety Administration (FMCSA). After all, the government’s numbers speak for themselves.

The report can be found here, but I’ll go over some of the highlights. Large trucks total 4% of all passenger vehicles, yet are involved in 12% of vehicle fatalities. Over 4,800 people died in accidents involving large trucks, and another 86,000 were seriously injured.

Two things a truck company would say about these statistics. First, large trucks on the road much longer than most other passenger vehicles, so proportionately they would be involved in more accidents compared to other vehicles. Second, accidents involving trucks are mostly due to the fault of the other driver. While the first point does have some validity, the second point doesn’t have any statistical support. Time and time again I deal in accidents involving the negligence of a truck driver, or his (or her) company.

The AAJ really highlights the problems of the industry and its effect on driver safety. Above all, the very low profit margin of the trucking industry leads to problems. 9 in 10 trucking company startups go belly-up within a year. This tough economy, along with inconsistent diesel prices, has only made things worse. Companies are devising more and more ways to cut corners, in an effort to increase profit.

A few ways that the companies increase profit is by making the driver’s salary Dependant on the speed at which they deliver the goods. This reward-for-speed may be fitting in other industries, but it is irresponsible in the trucking industry. This in turn rewards drivers for speeding, fudging driver’s logs, reckless driving, and driving in hazardous conditions. I have personally handled a case were three semis with NO deadlines drove over 180 miles in ice, fog, blowing snow, before piling up on I-40 in Wilson County. Two trucks were totaled. A passenger was so severely injured he will never work again. Some companies also routinely overload trucks, which is both illegal and highly dangerous. In a Florida example given in the report, the company continued to do so even after the driver complained of the practice.

One glimmer of good news from this report is the statistic that Tennessee has half (7) as many companies in violation of safety requirements per 100,000 population compared to the US average (15). With a population of over 6.2 million, though, that means Tennessee is still home to approximately 430 trucking companies violating safety requirements right now.

These stats don’t really mean much to most people. The ATA says the accidents are decreasing and blame the trial lawyers for over blowing the story. Bunk. Why are the accidents decreasing? Because the Trial lawyers such as myself are making the trucking companies aware that if they or their drivers misbehave, there will be significant financial consequences. But for those involved in an accident due to the disregard for safety of a trucking company, these numbers are all too real.

Originally posted at InjuryBoard by George Fusner

Texting While Driving – Now Illegal In Tennessee

George Fusner — Tue, 04 Aug 2009 13:28:27 GMT

Texting has taken the country by storm, and many have become addicted to it. Sometimes its the only way I can communicate with by two 20+ year old children. For years many battled for banning cell phone use while driving without a hands free device, and have reached limited success. But with texting being even more distracting, drivers are at a huge risk – whether they are the ones texting or not. Car and Driver Magazine even found that texting while driving actually impaired reaction time worse than drunk driving (caveat: don’t drink and drive).

But it’s not just passenger vehicle drivers who have been caught in the act. It’s also our nation’s truck drivers who find themselves distracted by typing messages on their phones. For tractor trailer truck drivers driving 80,000LB vehicles, every second can be life or death.

Virginia Tech just finished an extensive study on the effect of texting while driving commercial trucks. In the study, researchers found that drivers were distracted for 4.6 out of the 6 seconds leading up to the crash or near miss. The study concluded that texting truck drivers were 23 times more likely to be in a crash or a near miss than their non-texting counterparts. That’s simply unacceptable.

The American Trucking Association (ATA) has supported a ban on texting while driving, a bill which was introduced in the U.S. Senate a few days ago. The ban would require all states to ban texting while driving; else face a huge drop in highway funding.

Our state, though, hasn’t waited for the federal government to step in. Tennessee’s anti-texting legislation went into effect on July 1. Now if an officer spots a driver texting, he or she can cite the driver for it. It’s only a $50 fine, it’s a non-moving violation, and enforcement issues exist – so its effectiveness remains to be seen.

In certain cases accident victim attorneys may subpoena phone records to prove a driver at fault was texting while driving. In such a case, it’s clear that driver was acting negligent and not paying attention to the road. But other states should follow Tennessee’s lead in this matter – because an ounce of prevention is worth a pound of cure.

Originally posted at InjuryBoard by George Fusner

Drowsy Truck Drivers-The Solution

George Fusner — Wed, 29 Jul 2009 14:05:14 GMT

Semi-truck driver fatigue is one of the most common contributors to an accident when the truck driver is at fault. Even when the driver doesn’t fall asleep, fatigue can affect the senses and reflexes of a driver, seriously impairing their ability to react to the road. There have been numerous studies showing that drowsy driving, as it’s called, can as dangerous as driving intoxicated.

To make matters worse, sleep apnea is prevalent in the commercial trucking industry. A recent study found nearly 1 in 3 drivers had some form of sleep apnea – with mild to severe symptoms. The government doesn’t require screening of sleep disorders in truck drivers, a problem that professionals have pointed for years. Most recently, a Harvard study last month concluded if truck drivers were screened for sleep apnea, accidents would be prevented.

There seems to be a stigma in the industry for being diagnosed with sleep apnea. Some drivers may believe a diagnosis would hurt their ability to make a living, or their health insurance – if they have any – would not cover treatment. The accidents prevented far outweigh the cost of treating those with sleep apnea, though. Treatment is relatively cheap, as well – there are numerous devices which can help drivers get the quality sleep they need. I personally suffer from sleep apnea. The normal treatment is the use of a device that is comfortable called a CPAP machine. A travel one costs about $300. I felt like a new man once I started using the machine.

The Federal Motor Carrier Safety Administration (FMCSA) is on its way to requiring truck drivers be screened for sleep apnea. This is certainly a positive step, and can’t be done soon enough. On top of that, there are numerous devices that drivers or trucking companies can put in their trucks to detect and prevent drowsy driving.

In assessing trucking company liability, it’s worth looking into what steps trucking companies have taken to ensure safe driving. While smarter regulations are on the way, it’s what the companies and drivers elect to do right now which tells us how they really feel about safety.

Originally posted at InjuryBoard by George Fusner

Semi-Truck Gas Tank Design Flaw

George Fusner — Mon, 27 Jul 2009 10:21:46 GMT

As an experienced truck accident attorney, many cases I see are related to the negligence of a semi truck driver, their company, violations of the FMCSR or another party. Truck driving is a very dangerous line of work for drivers too, and there are design flaws which only make it more dangerous.

In 2002, truck driving was one of the top 10 most dangerous jobs in America, and little has changed since then. Two serious design flaws only worsen the occupational risk:

First, Fuel tanks. In almost every semi truck, fuel tanks are located on the outside of the frames (“saddled”). There is a dangerous misconception that since diesel fuel takes more heat to combust than gasoline (a spark may not be enough to ignite diesel), that it’s safe to be exposed. WRONG! Even though it takes more heat to combust diesel fuel, a vehicle striking it on the side could be more than enough to rupture and explode a 100+ gallon fuel tank.

This danger could be averted by moving the fuel tanks to inside the truck frame. But sadly the manufacturers seem more contempt paying out wrongful injury/death suits when someone is hurt or killed. Many new semi’s have coverings over the fuel tanks. That may help to some degree, but the coverings are often plastic or thin metal, not nearly enough to really protect the tank from a collision.

Another design flaw is the cab support. For years a semi cab would crumple flat if turned upside down. Truck drivers used to joke that the only way to survive the crash was to jump out of the cab mid roll. Hundreds of wrongful death lawsuits later, manufacturers have gotten better about reinforcing the cabs. Rollovers are still one of the leading causes of trucker deaths, though.

While I often represent those injured by trucker negligence, it’s not uncommon to see a truck driver a victim of defective vehicle designs.

Originally posted at InjuryBoard by George Fusner

Death At A Tractor Trailer Parked on Shoulder of I-24 Rutherford County

George Fusner — Wed, 29 Apr 2009 15:41:23 GMT

On Friday night a women from Chicago was killed when the pick up truck in which she was riding struck a semi truck parked on the shoulder of I-24 near Murfreeesboro reported the Tennessean on Sunday. As I was drinking my Sunday morning coffee I first almost skipped over the short article. At first blush I thought well the driver of the pick up truck must be a fault for hitting a parked tractor trailer truck. Then I put my trucking wreck lawyer hat on an began to think.

I did not have enough facts to form any hard conclusions, however, I knew were to start. The following are some quick thoughts.

The Federal Motor Carrier Safety Administration oversees the operation of tractor trailers and buses on Interstate highways. Its motto is

The Federal Motor Carrier Safety Administration (FMCSA) is focused on reducing crashes, injuries, and fatalities involving large trucks and buses.

There are numerous regulations all enacted to safe guard the public. Section 392.22 tells the driver what he is to do. Specifically it states:

§392.22 Emergency signals; stopped commercial motor vehicles.

(a) Hazard warning signal flashers. Whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops, the driver of the stopped commercial motor vehicle shall immediately activate the vehicular hazard warning signal flashers and continue the flashing until the driver places the warning devices required by paragraph (b) of this section. The flashing signals shall be used during the time the warning devices are picked up for storage before movement of the commercial motor vehicle. The flashing lights may be used at other times while a commercial motor vehicle is stopped in addition to, but not in lieu of, the warning devices required by paragraph (b) of this section.

(b) Placement of warning devices—

(b)(1) General rule. Except as provided in paragraph (b)(2) of this section, whenever a commercial motor vehicle is stopped upon the traveled portion or the shoulder of a highway for any cause other than necessary traffic stops, the driver shall, as soon as possible, but in any event within 10 minutes, place the warning devices required by §393.95 of this subchapter, in the following manner:

Thus, the first question to be answered "Did he turn his four way flashers on?" The law requires "IMMEDIATELY." Were they working? His prep trip inspection required him to check them. Did he even do a pre trip inspection? "How long had he been parked?" The law says if more than 10 minutes he had to place other warning devices and specifies the exact location.

Those inquires don't stop the investigation. A trailer is to have reflectors ever so many feet. Were they on the truck? I could write for pages on the questions to ask. In the last case I handled concerning a wreck like this my questions for the driver took over six hours to ask.

Rest assured the insurance company for the truck inspected the truck and accident scene within 24 hours of this death. What was the family of the deceased doing? Grieving, trying to make funeral plans, making arrangements for the body to be brought home.

Now the best advice for anyone involved in a tractor trailer wreck is to hire an experienced tractor trailer wreck lawyer as soon as possible so that they have less time to catch up. A semi wreck is NOT just a big car wreck. The car or pickup always loses.

Originally posted at InjuryBoard by George Fusner

Truck Drivers Driving Duties In Hazardous Conditions

George Fusner — Fri, 03 Apr 2009 11:38:58 GMT

Middle Tennessee and especially Nashville were swept with sever weather yesterday afternoon. Two tractor trailers were blown over on I-40 near Briley Parkway. That reminded me of some Federal Regulations governing the operation of commercial vehicles in hazardous conditions.

The Federal Motor Carrier Safety Administration oversees the operation of tractor trailers and buses on Interstate highways. Its motto is

The Federal Motor Carrier Safety Administration (FMCSA) is focused on reducing crashes, injuries, and fatalities involving large trucks and buses.

There are numerous regulations all enacted to safe guard the public. When a lawyer takes a case involving a wreck involving a tractor trailer or bus he first looks to those regulations to determine the duty or standards that both the driver and owner are to keep. In the past I have handled these types of cases and thus am familiar with the rules.

Hazardous conditions has its own set of rules. Section 392.14 states

Extreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. Whenever compliance with the foregoing provisions of this rule increases hazard to passengers, the commercial motor vehicle may be operated to the nearest point at which the safety of passengers is assured.

Did the truck drivers whose big rigs were blown over violate those standards? Probably not since the storm came up quickly. Fortunately no one appears to have been injured. However, should the drivers been on the lookout for the development of the hazardous conditions, absolutely. Why? Because as a professional tractor trailer driver they are held to a higher standard that the ordinary driver. They are to exercise EXTREME CAUTION in those conditions. A tractor trailer wreck is not just a big car wreck. These special rules apply for the protection of the public.

Originally posted at InjuryBoard by George Fusner

Myspace , Evidence , and Your Case

Rob McKinney — Wed, 06 Aug 2008 16:14:04 GMT

If you have been injured in any type of accident case, your life becomes an open book. An insurance company or an insurance defense lawyer will investigate your background. I recently had two cases where the myspace page made a case and severely damaged another. Social networking sites are great. I even have a linkedin page. Once you put up photos,comments, or whatever type of information , it is posted into cyberspace. In one case , I was able to discredit a witness using his myspace page as impeachment evidence. The other case was not so good for my client. The bottom line is if you are in a personal injury case be careful what is on your website or pages. What is on the web may destroy your case.

Originally posted at InjuryBoard by Rob McKinney

Brake Issues in Tractor Trailer Accident Cases

Rob McKinney — Sat, 02 Aug 2008 10:50:59 GMT

It is common knowledge that a car can stop in a shorter distance than a semi truck or tractor trailer. In a rear end truck accident case , a brake inspection may be necessary after the accident.. What is the braking efficiency of a truck ? It varies due to several factors such as the weight of the load , size of the brake components, tire size as well as other factors. The brakes are required to be inspected on a periodic basis . Also, the brake inspectors must meet certain qualifications in order to inspect the braking system. Good brakes equal safe trucks. In all all truck accident cases, the brakes should be examined. That is another reason to start a truck accident case as soon as possible before evidence is lost.

Originally posted at InjuryBoard by Rob McKinney