As of this month, there is a national rule change for truckers that could undermine the safety of large commercial trucks on the highway, just as truck accidents are on the rise. Until now, truckers were required to make pre and post-trip inspections of their vehicles, even if there were no obvious problems or defects. This was designed to detect any potential problems in the truck before they became larger and apt to cause an accident.
The new rule effective December 18th, eliminates the requirement for inspections, unless there is a known defect in the truck. The so called ‘no-defect reports’ are being eliminated to save the truckers time in filing the paperwork with their carrier. This is undoubtedly more convenient for the trucker, but carries risks that potential problems with the maintenance or mechanical upkeep could go undetected.
Trucking and Motor Carrier Organizations Support the Rule Change
Not surprisingly, the trucker member organizations support eliminating this bureaucratic filing of inspection reports, in the interest of saving time for truckers trying to meet deadlines for delivery of goods. While this may have that effect, it does place the nation’s trucking fleet on the highways without regular safety inspections by the truckers themselves.
The National Transportation Safety Board opposed the rule change with concerns for highway safety, but proponents countered by stating there was no data or information to show that safety would be reduced. Of course, there is no data because inspections have always been required and so there is no historical precedent for comparison.
No More Duty to Inspect For Safety
The legal problem this presents is that a trucker’s failure to inspect and maintain their vehicle will no longer be required, and in any resulting accident it would be more difficult to establish fault. In essence, the trucker no longer has a duty for making regular inspections, and only has to file a report if there is a ‘defect’. The use of the word defect is also problematic, since it typically refers to flaws in design or manufacture. However, simple wear and tear, or unusual stresses to the vehicle would not be covered by this definition.
Many truck accidents are caused by driver error or fatigue, and not mechanical problems. But now, any accident that results from a vehicle malfunction would potentially insulate the driver from liability since there is no duty to inspect, which only leaves the motor carrier as a defendant. Some carriers are aware of the liability problem, and will continue to require the inspection reports as company policy regardless of the time it takes the trucker to compile the report.
The motor carrier’s associations have a powerful presence given all of the transport of goods by truck on the highways. Nonetheless, every time one sees a large truck on the road, it will be a safe assumption that the vehicle has not been inspected for some time. It is hard to conceive that this wont decrease highway safety for other motorists, with the largest vehicles carrying unknown mechanical problems until an accident occurs.
It is no secret that the drivers of large commercial trucks are under time pressures to meet delivery deadlines, and that often means long hours behind the wheel. Although there are mandated rest periods, truck drivers will often ignore those rules to make sure that they are paid at the best rate possible for delivery. When a truck driver who is fatigued and fails to heed the required rest periods, any accident or resulting injuries could bring both civil and criminal penalties against the driver.
New Regulations on Truck Driver Rest
In response to increases in accidents caused by fatigued drivers, the National Highway Traffic Safety Administration called for stricter rest hours for truck drivers. In response, the Federal Motor Carrier Safety Administration changed the driver Hours of Service regulations as follows:
Amazingly, trucking companies are protesting the new rules, and have gone as far to say the government has no right to tell them how much rest to get. This is an interesting response since nearly 4000 people were killed last year in large truck accidents, and it is estimated that 10-15% of those are caused by fatigued drivers. If companies wont regulate their own drivers and fail to follow federal guidelines, the only way to amend these practices is through the threat of liability and payment of damage awards to victims.
Who Is Liable for Injuries Caused by a Fatigued Driver?
Anyone who has driven long distances knows how difficult it can be to stay awake for many hours on the highway. For this reason, many truckers turn to different types of stimulants to stay awake, but those don’t always work to maintain alertness. There is no substitute for rest, and when truckers ignore federal standards for safety they expose themselves and their employers to legal liability.
One driver in a recent accident dozed off and crashed into the back of a vehicle stopped for another accident scene. The woman in the car was killed and the driver was charged with reckless homicide. This is only one example, but if a driver has not had sufficient rest, or if their employer does not insist on adhering to federal standards, both could be held liable for any injuries or deaths that result.
Not following the regulations is clearly negligent, and if fatigue contributes to an accident then liability will be assigned to the driver. Further, if the employer does not monitor or enforce driver rest period, they too could be held liable for failing to mandate safety practices. Anyone injured by a commercial truck in an accident should investigate whether driver fatigue was the cause, and if rest period had been followed. Truckers keep time logs just for this purpose, and assuming that they are accurate, this could be the means to establish fault.
In the past four years the number of deadly accidents involving commercial trucks has risen 50% in Texas, while nationwide accidents are on the decline. This time period coincides with the boom in the oil and gas industry which has put more commercial trucks on the roads, but without increased safety oversight. Most of the crashes occur in the counties where the industry has the greatest activity, so the increase in accidents seems attributable to the oil and gas traffic.
Unsafe Commercial Trucks Are Still In Use
But accidents are not just caused by more vehicles operating, and the Texas highway patrol found in the course of inspections that over 25% of the commercial trucks in operation were potentially unsafe due to:
These conditions are allowed to exist in commercial trucking due to the constant use, wear and tear and lack of real inspection enforcement of companies in violation. Trucking companies will default to meeting customer deadlines and saving money if not forced into compliance.
Will More Damage Awards Force Companies to Increase Safety?
There have been damage awards for victims of commercial trucks in this area. Notably, one victim was awarded $6 million when two motorcycle riders were nearly killed by a truck in 2011. The driver had a history of drug and alcohol abuse, and his truck had not been inspected for 15 months up until the day of the accident. The cause of the crash was inoperable turn signal lights that failed to warn the victims that the truck was about to make a turn in front of them.
Many of the drivers of commercial trucks receive little training and are placed on the highways without adequate screening for drug use. Many of these vehicles carry highly flammable oil and gas products, so the ongoing danger to motorists becomes obvious. There are state audits and inspections, but the standards must be low to allow so many unsafe trucks to continue operation. There are really only two solutions to the problem: either increase inspections and safety standards, or aggressive pursuit of legal damages for injuries and deaths.
The Negligent Actions of Trucking Companies
Any claim for negligence would be constructed around the company’s inspection and repair processes, as well as training and screening of drivers. Any lack of a regular inspection routine or failure to repair known problems would form the basis for liability. Likewise, if the truck drivers are not well trained or have substance abuse problems, the company is responsible for their actions that cause an accident.
These elements are not difficult to establish and it is likely that as more accidents occur the victims will seek restitution for injuries and expenses. However, the real issue is how to prevent accidents and sometimes the threat of liability is sufficient to force a change in corporate behavior.
Texas highway construction zones present sudden traffic constriction zones that can take drivers by surprise, especially at night, and lead to serious or fatal accidents. This is what appears to have occurred early Friday morning when Van Ty Ho from Houston lost control of an 18-wheeler on Highway 77.
The tractor-trailer truck veered off the highway, hit a guardrail, became airborne, and dived over the side of the overpass, landing on another truck parked below. Mr. Ho’s truck went up in flames, leading to his tragic death. The Highway 77 truck accident attorneys at Denena Points, PC convey their sincere condolences to the family and friends of Mr. Van Ty Ho.
The Texas DPS indicated that the cause of the fatal 18-wheeler crash on Highway 77 might have been driver fatigue, a frequent problem among long-haul truck drivers. Federal rules regulating truckers’ required rest periods are designed to help prevent truck driver fatigue. Trucking companies that flout those rules endanger the lives of their drivers and others.
The accident near Corpus Christi occurred where the lanes narrow due to a work zone. Sudden constriction of lanes from construction can present a particular hazard to fatigued drivers, especially in nighttime conditions where the driver may not spot the lane narrowing until the last moment.
Statistics paint a grim picture of construction zone crashes. Our Highway 77 truck accident attorneys remark that almost 85% of those who die in accidents in construction zones are the drivers of the vehicles passing through the roadway constrictions. 17,266 wrecks happened last year in TxDOT work zones alone. Those crashes caused more than 110 deaths and over 3,500 serious injuries. Data from the U.S. FMCSA, the agency that oversees 18-wheeler safety, shows that semi trucks were involved in 132 fatal wrecks in work zones in 2012. Click the link to learn more about construction zone accidents and safety.
After decades of deadly impacts between smaller passenger vehicles and tractor-trailer trucks where underride killed or permanently disabled crash victims, the NTSB has issued some new recommendations regarding safety for heavy trucks (NTSB Safety Recommendations, 4/3/14)
The recommendations include a mandate that newly manufactured heavy trucks with gross vehicle weight ratings over 10,000 pounds must be equipped with side underride protection systems. The trucks also must have revised, improved rear underride protection systems designed to cover the full width of the truck’s trailer. These new designs should be a major safety improvement over commonly seen underride guards which don’t extend to the corners of the trailer, and should offer increased protection for smaller vehicles’ occupants in corner impact collisions.
Impacts with 18-wheeler trailers occur frequently, especially at night where drivers might run into unlit trailers of turning or crossing trucks. They also tend to happen in failed lane change or merging accidents. And a recent crash in Harris County, where a driver veered across a median for unspecified reasons and struck an 18-wheeler trailer provides another example. We wonder if strong, side impact guards could have reduced the severity of the injuries in this tragic crash?
The crash occurred early on Friday afternoon in northeast Harris County on Highway 90 at Miller Road when a driver crossed over the median and struck the trailer of an 18-wheeler. The driver of the smaller vehicle was killed by the impact. Authorities closed the highway for hours to investigate the crash. (Matt Aufdenspring, KTRK ABC 13, 4/25/14) The Harris County truck accident attorneys at Denena Points, PC express their deepest sympathies to the family and friends of the crash victim.
The cause of the crash and the nature of the injuries weren’t reported. But often when smaller vehicles crash into the trailers of heavy trucks, underride is a factor due to the trucks’ higher ground clearances. Underride occurs when the smaller vehicle continues traveling all or part way beneath an 18-wheeler. The force of the impact can shear off or crush the top of the passenger compartment, resulting in fatal or permanently disabling injuries. The problem is most severe in side-impact and rear-end collisions. Most tractor-trailers have rear underride guards, but current designs that don’t extend across the full width of the trailer are inadequate to prevent serious injuries or death.
Contact the Harris County Truck Accident Attorneys at Denena Points, PC if a Tractor Trailer Truck Crash has harmed You or Your Loved Ones
We believe that accident victims deserve strong advocacy and protection of their rights against big trucking companies and powerful insurance companies that would seek to minimize the value of their losses. Insurance companies and trucking companies working to protect their bottom lines could leave you hurting and incapable of meeting your heavy financial burdens after a serious heavy truck accident.
We could help you hold a trucking company accountable for the losses you suffered because an 18-wheeler had inadequate safety features. Call us today at 713-807-9500 or fill out our online contact form to schedule a FREE initial legal consultation to discuss your case. We will meet with you face to face to hear your story. You have no obligation to hire an attorney. We’ve been helping injured victims and their families make full financial recoveries for over a decade. And our knowledge of truck crash cases could help you make informed decisions about your future following a serious accident.
We don’t charge you any attorney’s fees unless we help you WIN your case. Let us help you make a full financial recovery for your undeserved 18-wheeler accident losses. Contact us today.
The deadly and fiery crash in California of a FedEx truck and a chartered bus carrying high school students brings attention again to the ongoing problem of gaps in motorcoach bus safety. 10 people died and more than 30 were injured in the crash and major fire that resulted. The truck and the bus were both burned to empty hulks. And reports say that those who escaped the burning bus were able to do so primarily because someone had kicked out a window through which they were able to exit.
A new report from two witnesses today whose rental car was sideswiped by the truck before it hit the bus says that the FedEx truck cab was already on fire before the truck crossed the median and hit the bus. Joe and Bonnie Duran said that the flames were at the lower rear of the truck cab, coming up wrapping around the cab. (KNBC-TV Los Angeles, 4/12/14) Our Houston bus accident injury attorneys emphasize that this report, if accurate, adds a whole new dimension to the crash and its possible causes.
How Seatbelts could help prevent Injury and death after a Major Bus Crash
The NTSB, which is currently investigating the FedEx truck – bus crash in California, recommended seatbelts for passengers in motorcoach buses as early as 45 years ago. A fiery bus crash near Baker, California in 1968, caused by another driver crashing into the bus, killed 19 people. The NTSB investigation of that crash found that most passengers had actually survived the initial impact, but were unable to escape the bus and resulting fire because of their injuries and disorientation after being thrown from their seats in the crash. The NTSB concluded that if the passengers had been seatbelted in at the time of the crash, they likely would have been less disoriented and able to escape the bus before it was engulfed in flames.
Our Houston bus accident injury attorneys have written before about the lack of seatbelts in passenger buses and the failure of federal authorities to require this obvious safety feature. And finally last November, a federal rule came out requiring three-point lap-shoulder belts to be installed in newly built tour buses and intercity motorcoach buses by late 2016. The requirement does not apply to school buses or city transit buses.
Data collected by the U.S. NHTSA reveals that around 8,000 people receive injuries each year in passenger buses. Authorities estimate that seatbelts in these buses might reduce moderate to serious injuries as well as fatalities by around half. The new seatbelt requirement will apply to the approximately 29,000 motorcoach and tour buses that ply U.S. roads each year carrying about 700 million people, most of them safely, to their destinations. That number is about the same as the number of people who travel by air each year in the United States.
Passenger Bus Safety a Low Priority with the Federal Agencies
But as Jim Hall, a former associate board chairman of the NHTSA was quoted by Joan Lowy (whose in-depth articles on key bus safety issues we find very illuminating). Mr. Hall mentioned that bus transport is “the transportation that carries primarily older people, students, and low-income people. It hasn’t been a priority (for regulators).” The NHTSA has apparently been working on recommendations since 2007 regarding better ways to ensure that people are able to evacuate buses quickly and easily after an accident. The recommendations might include things like easier to open windows and emergency exits. But no recommendations or new rules in this regard have yet been issued. (Joan Lowy, Associated Press, 4/11/14) It appears that bus safety is indeed a low priority among federal regulators.
Learn what to do to protect yourself after a Bus Accident Injury
Contact the experienced Houston bus accident injury attorneys at Denena Points, PC for a free, no obligation initial legal consultation. We can discuss the specific facts of your accident with you, help you understand your legal options, and evaluate your potential eligibility for a full financial recovery for your injuries. Call us at 713-807-9500 or fill out our online contact form to schedule your free consultation. Put the personal injury expertise and 15 year track record for successful recoveries of our Board Certified attorneys to work for you.
Willie James Johnson, Jr. was behind the wheel of a big rig tractor that reportedly ran a red light at Beechnut and Cook Road in Houston late Sunday night. Johnson ran the red light as he turned onto Cook, and a Chevy Tahoe that had the green light crashed into the massive semi tractor. The Tahoe was driven by the father of four children who was within a half mile of his home at the time of the fatal Houston big rig wreck on Cook. Police found Johnson to be intoxicated and arrested him for intoxication manslaughter. (Dale Lezon, Houston Chronicle; and Mary Cuervo, Amanda Perez, and Joel Eisenbaum, KPRC Local 2 News, 4/7/14) Johnson is behind bars following the deadly DWI wreck, and a Houston family is grieving for their lost family member. Our deepest sympathies are with the family and friends of Mr. Adrian Garcia, the victim of the wreck.
Each year, drunken drivers cause about one third of all U.S. accident fatalities. And intersection crashes account for about 1 in 5 traffic deaths. The Houston wrongful death attorneys at Denena Points, PC know that a sizable percentage of those intersection crashes are caused by drivers who run red lights and stop signs.
According to a national safety survey (National Survey of Speeding and Other Unsafe Driver Actions, Vol. 2: Findings, Report No. DOT HS 809 730, National Highway Traffic Safety Administration, May 2004), 97% of all drivers feel that those who run red lights are a major safety threat. Yet large numbers of drivers continue to run red lights and stop signs and end up causing fatal accidents that leave friends and families grieving for needlessly lost loved ones.
It’s particularly appalling when drivers of the massive big rigs drink and drive recklessly with no thought for the safety of others. Occupants of passenger vehicles stand no chance against their massive machines when the huge trucks blow through an intersection disregarding the red light.
Learn the basics on how to hold truck drivers and trucking companies accountable for harmful actions that have changed your life forever. Download your free guide to learn what to do after a truck crash injures you or claims the life of a beloved family member.
A major collision between a U.S. Postal Service truck and an SUV caused both vehicles to erupt into flames, killing one victim in the SUV. Two other occupants from the SUV were reportedly able to escape the fiery Southwest Freeway crash. They were both transported to the hospital as was the USPS contract truck driver. Our hearts and prayers are with the family and friends of the victim killed in the wreck, as well as with injured victims of collision as they recover from the collision. (khou.com, 3/31/14)
The SUV ended up wedged between the USPS 18-wheeler and the concrete freeway barrier. The big rig’s cab slammed into a pole.
The deadly crash shut down southbound lanes of Houston’s Southwest Freeway near Chimney Rock just as the evening rush hour got underway on Monday. Authorities said the lanes would remain shut down until a fuel leak was cleaned up. They also said there might be chemicals aboard the truck, but that no mail was aboard at the time of the fiery crash.
Reports of the deadly collision did not mention the specific cause of the wreck. But our Southwest Freeway accident lawyers were just writing about another deadly highway collision that occurred in Texas today, that one during the morning rush hour. Sadly, serious injuries and fatalities from needless crashes have become far too common in Texas. Almost all accidents could be avoided if drivers would just slow down, pay attention to the road and the traffic around them, curb their impatience, and avoid reckless chances.
With Texas gridlock growing almost daily, the Southwest Freeway accident lawyers at Denena Points, PC understand all too well how frustrating it can be to deal with endless delays and detours as you’re trying to get somewhere, But we reiterate that it’s better to get somewhere late than to not get there at all. We urge all drivers to please slow down, take it easy, and keep safety uppermost in your mind as you drive.
Texas laws could help you hold negligent drivers financially accountable for your needless injuries when they harm you or your loved ones. Call us at 713-807-9500 for a free initial legal consultation to learn how. Or just fill out our online contact form to schedule your no obligation consultation with the Board Certified attorneys at the Law Firm of Denena Points, PC. Let us help you recover after a serious accident.
Truck driver Renato Velasquez of the Chicago area had been behind the wheel for more than 35 hours on Monday with just 3 1/2 hours of sleep when he failed to notice flashing emergency lights and stopped vehicles and plowed into a crash scene. The fatal crash killed a tollway worker and critically injured a state trooper who had been aiding an accident victim. Our deepest sympathies go out to the families and friends of the two people fatally injured on the job.
Renato Velasquez was charged with falsifying his logbook (which is supposed to be an accurate reflection of the hours driven and rest breaks taken by a trucker) and with operating a commercial motor vehicle while fatigued.
Velasquez’s attorney reportedly said that the driver simply didn’t see the flashing emergency lights, and that there was no evidence that Velasquez had fallen asleep behind the wheel. (Associated Press by way of the Houston Chronicle, 1/30/14) Well, that’s not good is it? You’ve been driving so long and entered such a profound state of highway hypnosis that while still awake you don’t notice prominent signals like flashing emergency lights. Then you crash.
That deadly accident on the interstate in northern Illinois prompted a state politician to take the opportunity to call on the FMCSA to get tougher on enforcing the rules on maximum driving hours for long haul truckers.
The Rules on Maximum Driving Hours and Rest Breaks
This past summer, new federal regulations for truckers took effect that doubled the number of required consecutive nights of sleep for long haul truckers. The trucking industry has protested and filed lawsuits, saying essentially that the new rules limit productivity and profits. The FMCSA (Federal Motor Carrier Safety Administration) has not indicated that it will back down on the more stringent requirements. But our Houston truck crash injury attorneys point out that the FMCSA has been taken to task by safety advocates for not doing enough to enforce existing regs and actually oversee commercial vehicle safety.
A study by sleep researchers at Washington State University was just released on Thursday that supports the new regulations (and incidentally the need to enforce them). The study focused on more than 100 truck drivers. Researchers concluded that the drivers who didn’t follow the new regs reported greater fatigue, showed more lane deviation while driving, and suffered more lapses in attention. Their study suggests that the stronger requirements for more frequent rest breaks will prevent about 1,400 truck wrecks annually and save 19 lives per year, while only affecting those truckers who drive long hauls totaling 60 or 70 hours per week or more.
The new rules that took effect last summer might not be as strong as you believe. They only require that a truck driver get two consecutive nights of sleep rather than one before he can reset the clock. And this only applies to those truckers who drive 60 hours over 7 days or 70 hours over 8 days. The rules also require that sleep breaks be between 1 and 5 a.m., rather than at any time of day.
Our Houston truck crash injury attorneys have written several articles on the topic of the hazards posed by fatigued truck drivers, and we would call for even more stringent regulations. But until enforcement catches up with the rules, there seems little point in additional FMCSA rulemaking.
Texas Data Indicates that Driver Fatigue Might Indeed Lead to More Crashes
Data from around Texas would tend to support the sleep researchers’ assertion that long stretches behind the wheel compromise a truck driver’s ability to drive safely. The booming shale oil fields in the Eagle Ford Shale and Permian Basin areas have seen huge increases in the amount of truck traffic, accompanied by alarming increases in the numbers of fatal truck accidents. The Houston truck crash injury attorneys at Denena Points, PC emphasize that in some counties, the numbers of fatal accidents have risen more than 1,000%.
Much of the growth in serious truck accident numbers has been attributed to truck driver fatigue. But truck drivers don’t just become fatigued and more accident prone from long stretches behind the wheel. Much of the increase in truck accident numbers in Texas oil regions has been attributed to truck drivers driving home after their shifts on the oil fields, which might last more than 22 hours.
Click the link to read about a disturbing fatal crash with a school bus attributed to driver fatigue that just killed three oil field workers in Corpus Christi.
Continued from Part 1. Passenger vehicle collisions with heavy trucks often result in underride due to the trucks’ high ground clearances. Underride can shear away the top of a vehicle or crush the passenger compartment as the vehicle travels partway or fully under the truck. Particularly serious types of injury can result in a Texas collision with a heavy truck or school bus. For instance, severe head injuries, crush injuries, spinal cord injuries, lacerations, broken bones, and organ traumas might result from an underride crash.
In other collisions, our Houston collision injury lawyers caution that vehicle ejection might result. The U.S. NHTSA indicated in a 2008 report that 77% of vehicle occupants ejected during a crash suffer fatal injury.
Vehicle occupants who remain restrained by seatbelts in the enclosed vehicle could suffer serious lacerations, fractures, burn injuries, soft tissue traumas, or whiplash. Occupants unrestrained by seatbelts will tend to suffer more severe fractures, lacerations, soft tissue traumas, and sometimes crush injuries as they get thrown against the insides of the vehicle and against other occupants or cargo.
Contact the Houston Collision Injury Lawyers at Denena Points, PC for Help after a Serious Crash Injury
The Board Certified personal injury attorneys at Denena Points, PC provide a free initial legal consultation to discuss the specifics of your accident and evaluate your eligibility for the full financial recovery you deserve for your injuries. You have no obligation to hire an attorney. And our 14 years of experience successfully resolving complex injury cases similar to yours could help guide you in making informed decisions about your future after a serious collision. Call us at 713-807-9500 or fill out our easy online contact form to schedule your free initial legal consultation.