Truck Wrecks Archives | DENENA | POINTS

Use of Hands-Free Phones in Large Trucks Can Contribute to Accidents

The National Transportation Safety Board is weighing in on the use of hands-free phones by drivers of large 18-wheelers.  The NTSB says the use of hands-free phones can distract drivers and cause accidents on the highways.  There is a current ban on the phones by the Federal Motor Carrier Safety Administration, but the NTSB believes further regulation is needed.

This type of driver distraction was illustrated in 2013 in Maryland, when a truck failed to hear an approaching train when crossing a railroad track.  The driver was in the habit of listening for the sound of the train’s horn before crossing, but on that occasion a call came in on his hands-free phone.  He could not hear the sound of the horn over the phone call, and crossed the track at the moment the train arrived.  The was a resulting derailment and explosion from flammable materials on the train, causing a hazmat fire.

The issue is whether the use of any type of phone, radio or communication device is a safety hazard in large trucks, where a moment’s distraction can result in a catastrophic accident.  The hands-free devices are popular due to the fact that a driver keeps both hands on the wheel while talking on the phone.  Nonetheless, the in-cab speaker of the phone can pose a problem if a driver cant hear horns, sirens or emergency signals.

The prevalence of cell phones, texting and internet all create potential hazards on the highway.  It is tempting to pass the long hours on the road in phone conversations or other electronic communication, but this habit can be perilous for the long distance trucker.  It is all too easy to get caught up in a conversation, and lose concentration on the road and surrounding traffic.

In the incident in Maryland there were additional factors in the crash such as inadequate driver training, poor vehicle maintenance and the driver’s long hours behind the wheel.  All of these elements contributed to the accident, which now has caught the attention of federal regulators.

If you or someone you know has been a victim of a large truck accident caused by cell phone use, you may have a case for recovery of damages.  It is clearly negligent in the modern age to allow wireless phone conversations distract the driver of a multi-ton truck.  The danger is multiplied if the truck is carrying hazardous material, and the driver’s attention is compromised by idle phone chatter.  These types of cases are sure to increase as the intolerance for needless truck accidents rises across the nation.

Haz-Mat Trucking Routes Are Not Available in All Texas Cities

In the state of Texas, trucks carrying hazardous materials must follow designated haz-mat routes to safely pass through population centers.  However, the routes are only mandatory for cities with a population of 850,000 or more, excluding many mid-size cities.  The route maps haz-mat direct trucks away from schools and other population dense areas, and without them truckers are left to decide on their own which route to take.

Haz-Mat Route Requirements Are Too Relaxed

For example, Corpus Christie does not have haz-mat routes although many consider it to be a significant Texas city.  This is the case despite the fact that a half million trucks a year carry hazardous materials through Corpus Christie.  Smaller cities and towns can elect to create the routes if they want to, and Crockett, Texas with a population of 6600 has a designated highway loop for haz-mat trucks.  It is hard to understand why a large city would not make the effort to create a route for this type of cargo when it is clearly in the public interest.  The shale oil industry has increased the number of haz-mat trucks on the road, who are often carrying chemicals or other waste products as cargo.

Lack of Haz-Mat Routes Compounds the Risk of Accidents

The need for these routes is amplified by the behavior of truck drivers who are pressed into working long hours by their employers with vehicles in need of repair.  Truckers may spend as many as 70 hours a week behind the wheel, and are often using energy drinks or stimulants to stay awake and meet delivery deadlines.  Still, it is all too common for these drivers to fall asleep at the wheel, or exceed posted speed limits, which could mean catastrophe if an accident were to occur inside a large town or city.

Additional safety concerns arise surrounding the maintenance of these haz-mat trucks.  Federal transportation data revealed that haz-mat trucks operating in Texas had the following repair issues:

  • 160,000 trucks with inoperable running lights
  • 66,000 with bald tires
  • 45,000 defective headlights
  • 17,000 with faulty brakes

These are disturbing numbers considering the threat to public safety if a truck is involved in an accident.  One would think that the trucking companies would have an interest in keeping their trucks in good repair to avoid accidents and liability for injuries.  However, the opposite appears to be true and there are numerous reports of false repair reports and defective vehicles being sent back out on the roads for another delivery.

Cities Need to Take Responsibility for Haz-Mat Routes

The transportation of hazardous materials is part of many industries in the United States and for this reason there are strict requirements on driver training, truck inspections and using haz-mat routes.  However, cities must participate in creating the routes even if not required, as one way to protect citizens from potential spills of hazardous materials.  Texas enjoys the economic benefits of the boom in the oil and gas industry and it is time to use some of those funds to create systems of regulations and enforcement to protect residents from harm.

Accidents Caused By Oversize and Over Height Loads on Trucks May Be Basis For Lawsuits

In our continuing analysis of the multiple hazards posed by large trucks and their cargo, we discovered that there is an emerging basis for lawsuits when loads that are oversize cause damages to motorists or property.  Trucks are limited on weight and height for safety reasons, but there is always the temptation by trucking companies to add a bit more cargo to increase the profitability of the load being transported.  However, when this conscious disregard of safety regulations creates an accident, then there may be liability by the company for any damages.

Truck In Washington Collapses Freeway Bridge

As an example, in 2013 an over height truck in Washington State caused a collision where the result was a collapsed bridge on a major interstate.  The truck had slammed into the overhead braces of the bridge due to its height in excess of those permitted, and the bridge collapsed into the water.  Two vehicles on the bridge at the time also fell into the river, causing injuries but no deaths.

What makes this accident even more unbelievable is that the tractor trailer had a pilot car for its already oversize load, but apparently the pilot car driver was talking on the phone and did not notice the height restrictions for the bridge.  There were additional excuses made by the driver for the accident including:

  • He did not know the height of his load
  • His permit was for two inches lower than the load, but he failed to notice
  • He forgot to research the route to see if there were height clearance problems
  • He was following the pilot car too closely and would not have been able to stop in time even if there had been warning

All of this points to driver negligence, especially since the load was already oversize and using a pilot car.  Washington State also thought that the driver was negligent and filed a $17 million lawsuit to recover the cost of the bridge repair.  If the trucking company is only insured for the federal minimum of $750,000 then they may be having some difficulty paying any type of court award in this case.

The prevalence of negligent or outright intentional violation of safety and highway regulations by trucking companies is becoming apparent.  Whether its disregard for driver rest and safety standards, hauling of unlabeled hazardous cargo, failure to inspect trucks for safety defects or simple violation of highway permit limitations, trucking companies seem to view safety regulations as just another barrier to making money.

The fact that these laws and regulations are designed to protect motorists on the highways are treated like an insignificant detail, and as anyone who has encountered an impatient or arrogant trucker can attest, these drivers seem to think the nation’s highways are there solely for their transport work.  Only the threat of personal or criminal liability will be sufficient to change the culture of the trucking business, since federal regulators have little motivation to make the laws more stringent.

Public Danger Increases When Hazardous Waste In Trucks Is Not Labeled

Despite the strong public policy to manage the safety of transporting hazardous waste using large trucks, there are actually federal rules that exempt certain types of cargo from hazardous waste labeling.  For example, ‘drilling waste’ which can include water or soil from shale oil ‘fracking’ does not have to be labeled at all.  This is a clear danger to anyone who may encounter a truck accident and not be aware that the cargo contains both environmental and health hazards.

Hazardous Material Labeling Is Not Required For Oil Drilling Waste

This type of ‘residual waste’ is exempt from standard federal regulations that require clear labeling of hazardous material cargo.  Even if the water or soil contains oil, chemicals or other by-products it can travel the roadways undetected.  In states such as Pennsylvania and Texas where drilling activities are on the increase, there is a substantial amount of truck traffic that is carrying these materials and exposing motorists to unknown dangers.

There was a recent accident in Pennsylvania where a truck cargo that was labeled “fresh water” was actually leaking oil-blackened liquid onto the highway.  This is not an isolated incident, as that state’s drilling industry generated 32 million barrels of liquid waste product last year.  It is conceivable that the majority of that hazardous liquid is being transported without labels of the true content, and often across state lines.

What is the Effect of a Lack of Regulations?

Because there is an exception to the federal rules for drilling waste, failure to label cargo could be defended as meeting a defined standard of care for trucking and oil companies.  For example, if injuries or death were to result from unlabeled cargo, and a lawsuit were filed for compensation, the company could state that it was operating within federal guidelines and met its responsibility.  Failure to warn motorists or others who encounter the drilling waste is not a clear violation of the company’s duty, at least as defined by federal law.

Simply following lax federal guidelines is not a sure barrier to corporate liability, but it does very little to protect the safety of motorists when oil companies are allowed to transport hazardous waste without informing the public.  It is still another example of how certain modes of interstate trucking and transportation are given favorable treatment over the safety of other motorists or residents near a highway.  Any measures to make these rules more stringent are often met by an outcry from the affected industry that they will be driven out of business under stricter regulations.

In any case, oil and trucking companies continue to have a responsibility to carry out their activities with a reasonable standard of safety, and any disregard for innocent life should carry some degree of fault.  Without this, corporations can act solely from a standpoint of profit and earnings and will not alter their practices if there is an associated expense.  Only the threat of liability remains to encourage more care in transporting hazardous materials, and those cases should be pursued vigorously where injuries or death are the result.

Proposal to Raise Insurance Coverage Minimums for Trucking Companies

Due to the constant threat of accidents and injuries from trucks on the nation’s freeways, there has been a minimum coverage rate in place for the past 30 years.  There is a proposed rule change for the trucking industry that would raise those minimums for the first time since 1985.  The current minimums are:

  • $750,000 for interstate trucking companies
  • $1 – 5 million for hazardous materials, depending on type of cargo

Many feel the current thresholds are too small to cover modern liability claims for accidents that result in injury or death.  A study by a lobbying group found that 42% of 9000 accident settlement claims were over the $750,000 threshold, signaling that the amount is probably too low to adequately insure trucking companies against liability claims.

Are the Current Minimums Inadequate to Compensate Victims?

Wrongful death suits in particular can easily exceed those amounts, exposing a company to financial risk, and more importantly leaving victims with no recourse for compensation.  An underinsured trucking company also exposes the shipper or goods to vicarious liability if another source of settlement has to be found.

Although minor accidents are adequately covered by the current rates, major crashes with catastrophic injuries and deaths would not be covered.  For example, a truck accident in Ohio recently settled for $34 million, underscoring just how insufficient the current minimums are.

Insurance Costs Must Be a Part of Doing Business As a Motor Carrier

Opponents of raising the minimums state that so few accidents exceed the current levels that it is an unnecessary measure, and that the additional costs imposed by higher premiums would drive some trucking companies out of business.  This is a hard argument to swallow, since it is common knowledge that increases in the cost of doing business are typically passed on to the customer, in this case the shipper.  Any worthwhile company would not lose its customers based on a price increase that was incremental and out of its control.  The shipper in turn would add the increase to the cost of its goods, and the end user or consumer would be the one to pay the increase.

Another way to look at the issue is if a trucking company can only run a profitable enterprise using insurance price structures from 30 years ago, they may not be running a very good business.  Especially those companies that ship hazardous materials must account for the enormous liability potential in the event of an accident, and then pass that on to shipping customers who need to transport the material.

In any case, the proposed changes would have to overcome several legislative hurdles, and given the strength of the trucking lobby in the US it may be a long process.  There have already been recent law changes that decreased the safety inspection requirements for trucking companies, so there seems to be a very real interest in making sure that the backbone of the country’s transport system does not have to take on additional financial challenges.  Unfortunately, the ones who suffer are victims of truck accidents who may find the liable party underinsured and unable to fairly compensate for injuries or deaths.

One Of The Concealed Hazards in Truck Wrecks: Dangerous Cargo

When one thinks of large truck accidents the most obvious danger is the size and speed of the truck, which has a devastating affect when the truck slams into other smaller vehicles. This can cause a chain reaction on the highway as multiple vehicles can be involved, none of which were expecting to be a victim of a pile-up. As bad as this is for motorists, one of the greatest hazards with large 18-wheelers is the cargo that they may be carrying, which may include:

Oil and gas products
Flammable materials
Autos that can break free in an accident
Radioactive materials
Other cargo ‘haz-mat’ that can create dangerous debris

There are numerous incidents where the cargo released creates an ongoing environmental hazard or danger to motorists as well as residents in the immediate area. In some cases the truck does not even have to be in an accident for the danger to manifest.

Examples of Truck Cargo Causing Injuries or Danger to Others

A few examples of dangerous truck cargo injuring others are:

  • In Mexico City a gas tanker truck making a delivery to a hospital begins to leak. The workers could not stop the leak and a huge explosion occurred which led to the collapse of 75% of the hospital. Two people were killed and many were injured.
  • In Florida three trucks collided on an interstate, and one of the trucks released a load of potting soil onto the roadway. This quickly mixed with motor oil and gasoline creating a clean up nightmare of the flammable materials. The highway department was forced to actually strip the pavement from the highway and then replace it with new pavement, stopping all traffic for hours until the process was completed.
  • In Tennessee a truck carrying hazardous cargo overturned and crashed into a nearby riverbed, releasing the cargo into the water and surrounding area. The clean-up process closed highway lanes for several days.

There is an unforeseen danger in incidents involving ‘haz-mat’ or hazardous materials as cargo. Residents will often go and inspect an accident scene out of curiosity and could easily expose themselves to chemicals or radioactive materials that are frequently carried as truck cargo. Given the amount of trucking that transports ‘haz-mat’ cargo, it seems that public warnings and containment of the material should be a priority.

What Are The Standards for Liability?

Liability for public safety hazards from spilled cargo is an open question, since causation could be difficult to establish in some cases. However, there is no question that the trucking companies that transport this type of cargo have a duty to provide adequate protection for motorists or others in the area whenever there is an accident. Failure to clearly place warning signs on the truck, or refusing to accept responsibility for clean-up costs fall short of this duty of care. In future blog posts, we will explore several cases where liability suits have been filed for injuries resulting from hazardous truck cargo.

What Should You Do If You Are Involved in a Big Truck Accident?

The frequency of accidents involving 18-wheeler trucks seems to increase each year, bringing the potential for injuries to innocent drivers who share the road with these massive vehicles.  Despite the ongoing hazard, regulations around truck inspections and safety reviews are actually becoming more lax, allowing drivers to operate trucks that may have operational or mechanical defects.  All it takes is one fualty part or mistake in judgment, and multiple vehicles can be affected by a truck crash.

Essential Steps If You Are a Victim of a Truck Accident

If you have been involved in an accident with an 18-wheeler you should take the following steps right away:

  • Medical care for yourself or passengers
  • Call the police to the accident scene
  • Confirm that a police report will be filed
  • Get the name of the trucking company, driver and insurance information
  • Talk to any witnesses and get their contact information
  • Take photos of the vehicles involved, the road, surrounding areas affected

All of these steps will give you the information that you will need if you want to pursue any type of claim for damages resulting from the accident.  Sometimes you may be approached by an insurer with a quick settlement offer, especially if the truck driver was clearly at fault.  Before accepting an offer, we recommend that you speak with an attorney to review your options.

The Advantages of Using an Attorney to Pursue Your Claim

Not every accident requires an attorney, and if damages or injuries were minimal then you can probably work out compensation directly.  However, if you or your passengers were seriously injured or your vehicle was damaged then you may be entitled to a number of different claims.  In that case, it is best to contact an attorney who has experience in 18-wheeler truck accidents since they can give you many advantages including:

  • Not allowing insurance companies to intimidate you into accepting low settlement offers
  • Use of accident investigators and experts who can reconstruct the accident scene and establish the exact cause of the crash and who was at fault
  • Review of the truck log books, driving record, safety inspection manuals and other documentation to establish the condition of the truck and driver at the time of the accident
  • Professional legal expertise in case the case must be litigated in court to establish liability

When you are involved in a traumatic accident it is difficult to manage all of the different claims and processes, especially if you are recovering from any injuries.  If the truck driver or company is liable then it is possible to recover a variety of damages including:

  • Medical care and hospitalization
  • Vehicle repair or replacement
  • Loss of income or wages during recovery from injuries

An attorney can advise you on the full extent of damage awards available and then you can decide how you want to proceed.  If the 18-wheeler caused the accident and your injuries, then you are entitled to some type of compensation.

UPDATE: Recent Fatal Truck Crash Underscores the Hazard of Oil Trucks in South Texas

In a recent blog post, we discussed the increase in truck accidents in South Texas due to the oil and gas boom in the region.  In the past four years, there has been a 50% increased in truck accidents, most of which are attributed to the increase in traffic and poor safety standards used by trucks in the oil and gas industry.  http://denenapoints.com/texas-oil-gas-boom-may-blame-increase-truck-accidents/

A Fiery Crash Claims Five Lives in the Eagle Ford Shale Region

This month there was a spectacular crash that killed five oil field workers when their van slammed into an oil truck causing it to burst into flames.  The oil truck had swerved to avoid a pickup, and the van could not avoid crashing into it, causing flames to cover the highway and both vehicles.

There have been similar incidents in the Eagle Ford Shale region, and in 2012 twelve people were killed in six-months in that area alone.  As we noted in our previous post on this topic, the cause of these accidents are usually oil truck drivers or workers who are fatigued and fall asleep at the wheel.  It is not unusual for workers to put in 20 hours a day, and then they get behind the wheel.

Naturally, the cargo of  most of these trucks is crude oil, and anytime there is an accident there can be explosions and fire that make the situation even worse.  The survivors of this month’s crash have extensive burns and a simple vehicle accident can turn fatal for this reason alone.  Residents and others who use the highways are exposed to a regular and real danger from the oil and gas boom that has been a boost to the economy.

What Can Oil Companies Do To Increase Highway Safety?

The obvious question is what can be done to make the highways safer for everyone in this region.  The oil companies who are profiting from the resources in the area have a responsibility to the general public, and should be reviewing the safety protocols and training of drivers.  Due to the flammable cargo, it seems the emphasis should be on preventing accidents rather than encouraging long work hours or skipping vehicle maintenance practices.

When conditions are wet, mud can mix with the oil that comes off the 18-wheelers, creating an instant danger in case the truck has to make a sudden stop or maneuver.  It is like the trucks are carrying their own oil slicks, and can be released at the time when it is too late to prevent a tragedy.  Also, most of the roads are two lane highways, which makes passing or sudden turns difficult to predict.   All of these factors add up to some of the most dangerous road conditions in the state of Texas, and it is only a matter of time before more accidents occur.  Oil companies need to respond to this situation, or they may face the financial consequences of liability suits from innocent motorists that are injured or killed.

Winter Ice Storms Bring Danger from Truck Accidents

All across the country there have been nearly 500 accidents in recent days, killing at least nine people, caused by ice storms and freezing rain that turned highways into sheets of slick ice. In conditions like this, the greatest danger is always from large trucks and 18-wheelers that can easily jackknife and go sliding into multiple vehicles. Although the apparent cause can be dangerous road conditions, some truck drivers do not adjust to the slick roads, or as the largest vehicles on the highway they are not worried about their own personal injuries if an accident occurs.

Who Is Responsible for Accidents In Icy Conditions?

There is no hard and fast rule for assigning fault in icy conditions. In the event of an accident there can be so many vehicles involved that it can be difficult to determine the exact cause. Memories and perceptions can be confused and exaggerated by the trauma of the accident. However, when an 18-wheeler truck is involved, it usually means that the truck lost control at some point and began to careen into other vehicles. As the vehicle of greatest weight, the truck can start a chain reaction of cars beginning to hit one another, until there can be as many as 10 or 20 vehicles involved in the crash.

The first point of investigation has to be the driver of the truck, and whether they were caught off-guard by conditions, or simply failed to slow down for safety reasons. Many truckers are on tight deadlines and may just attempt to ‘cruise’ through dangerous conditions instead of slowing down and adapting. This attitude can easily result in an accident where a motorist may make an unexpected stop or the truck simply encounters slowed traffic from the weather.

Establishing Liability For Truck Accidents

If the truck tries to stop quickly, it can jackknife and turn into a multi-ton projectile on the highway. Two of the recent deaths occurred from a jackknifed truck that crushed two vehicles underneath its body and axles. Sometimes, the driver cant be blamed, but usually there is adequate warning for truck drivers of dangerous conditions. Electronic highway signs, weather forecasts, in-cab radio and warning systems and the advice of other truckers create a system of communication that makes it hard to miss an approaching ice storm.

If a truck driver could be cited for driving too fast for conditions, and that caused the accident, then that could form one basis for assigning fault and liability. The driver or their employer cannot simply point to the dangerous conditions as the sole cause if the driver failed to adapt to the unsafe roads. It is a tragedy when lives are lost as a result of any impatience on the part of a trucker to simply meet a deadline. While trucking is an essential part of commerce, drivers and their employers should take responsibility for their presence on the roadway, and truckers should not be penalized financially for driving safety and adding a few extra hours to the delivery time.

Large Truck Wrecks Often Cause Economic Damages Through Highway Closures and Blocked Access

One of the least discussed costs and damages of truck wrecks is the frequent closure of highways and exit ramps, causing very real economic damages to surrounding communities. This type of crash can involve multiple vehicles, spilled fuel and contaminants and released cargo, creating an accident scene that requires many hours of clean up and clearing of vehicles and debris.

Accident Delays and Economic Damages

When this occurs, traffic can be backed up to a standstill for hours, and commuting motorists may be delayed or rerouted via other roads. For example, a recent crash at Round Rock, Texas involved two 18-wheelers plus several other vehicles, completely closing the northbound lanes of I-35 for four hours. The need to bring in two trucks to clear the vehicles complicates the situation where stuck motorists have no recourse but to sit and wait.

The economic damages are difficult to calculate, but can include items such as:

  • Non-delivery of goods as scheduled by the trucks in the crash
  • Delay of motorists that are on their way to work or making travel connections
  • Clean up of the roadway and even surrounding areas where hazardous contaminants may pose a health risk, and even extend lane closures
  • Other injuries or vehicle damages caused by the crash

While these types of damages are not as sensational as the direct costs of those that are a part of the crash, they are probably more common than imagined. Many of these costs are passed on to local or state governments, who absorb the attendant damages of large truck wrecks. In some cases, the trucking companies may be ordered to pay for towing, clean up and other expenses, as well as fines in the case of spilled hazardous materials.

The Combined Effects of Weather and Long Delays Create a Potential Motorist Hazard

Anyone who has been stuck in their vehicle for an extended time in this type of accident knows how frustrating it is to have no options for continuing travel. If the weather is good, this usually amounts to an inconvenience of several hours, but as witnessed in colder climates this type of incident can also be life threatening. Delays in clearing a truck accident in cold weather requires motorists to run their engines for heat, risking running out of fuel. In heavy rain, sleet or snow there may be no way to travel on foot as it could be potentially dangerous.   This amplifies the impact of truck accidents into a community wide emergency that requires multiple response and support.

Too many truck crashes are caused by driver fatigue, distraction or intoxication and liability for the resulting impact falls squarely on the driver. If a driver is on the road for too many hours or is driving carelessly, there should be some liability assigned for injuries, economic costs and clean up caused by their actions. Without the threat of a lawsuit or fines, there is no deterrent for irresponsible truck drivers who are clearly shown to be negligent.