West Virginia Woman Suffers Traumatic Brain Injury after Truck Accident

By John Cooper, Truck Accident Lawyer

Kristina Marie Wilhelm was driving her car on a Martinsburg, West Virginia (WV) road when a truck slammed into her vehicle causing a major wreck.

Ms. Wilhelm’s car was practically crushed and the damage was so bad that it was virtually impossible to look inside to determine the severity of her injuries.

“[Wilhelm’s] passenger-side door was [smashed] in so much that it was pretty much against her driver’s seat and her driver’s-side door was against the side of the hill, so there was no way to really get into her other than the back window,” which was broken out, said Deputy Brandon Haynes.

Deputy Haynes put forth a heroic effort at the scene of the accident to keep Ms. Wilhelm alive.

“She wouldn’t be here today if it wasn’t for him,” said Ms. Wilhelm’s mother, according to the herald-mail.com.

Ms. Wilhelm is fortunate to be alive, but it appears her injuries have completely altered her quality of life and she may never fully recover. Ms. Wilhelm suffered a traumatic brain injury as a result of this terrible accident.

Doctors indicate she’s blind and will need to learn basic functions like eating and walking. In addition, she routinely suffers from high fevers since the area of the brain that was damaged controls body temperature. Hopefully, Ms. Wilhelm, who is only 24 years old, will be able to gain some semblance of her former life.

This accident illustrates the damage that can be done in a car/truck wreck. The difference in size, weight, and height between the two vehicles is so vast that the brunt of the damage is usually inflicted upon the car (and whoever is in it).

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right now—we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

February 18, 2010 Tags: accident, attorney, brain, car, Cooper, crash, injury, Kristina Wilhelm, traumatic, truck, wreck, WV Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

Insurance Company Games Aimed at Reducing or Denying Valid Injury Claims

By Randy Appleton, Virginia Truck Accident Attorney

My colleague Rick Shapiro wrote an informative article about some of the questionable strategies and games insurance companies like to play when you submit a legitimate injury claim. Many of our clients have told us the claim adjusters try to argue your injury didn’t cause any loss of wages or earnings and they may take weeks or months to return your calls. The goal is to reduce or even deny your valid injury claim for compensation. Remember, the insurance company is not your friend. They have one primary goal: pay out the least amount possible. To learn more, check out Rick’s article about insurance company games here.

February 15, 2010 Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

Black Ice Blamed for Truck Wreck in Culpepper, Virginia

By Rick Shapiro, Truck Accident Attorney

The driver of a 1971 Chevrolet pickup truck came across a patch of black ice and slid into the westbound lane of State Route 3 when it collided with a 1991 Ford F-150 pickup truck in Culpepper, Virginia (VA). Both drivers suffered injuries as a result of the crash, according to Fredericksburg.com.

This accident in Culpepper highlights the risks of driving in Virginia (VA) right now, given all of the snow and ice that’s accumulated from recent storms . Portions of VA are still in the midst of a blizzard and are getting bombarded with even more snow. Most residents of the Commonwealth are not used to getting so much snow and ice, so drivers aren’t used to the challenging road conditions that result from such intense, nasty weather.

The effects all of this winter weather has on the roads can create an environment conducive to major car and truck wrecks. If any snow melts, it simply freezes when the temperature drops and that’s when you get the formation of black ice. This is one of the worst road conditions you can encounter since black ice is virtually transparent. This means you really don’t know you’re in trouble until you actually drive across the ice and start to lose control of your car or truck. By that time, you may already be halfway into the opposite lane close to hitting another car and potentially suffering a serious injury like a broken neck, whiplash, broken ribs, or a traumatic brain injury.

The best thing you can do is to stay off the roads during, and right after, the winter storm. Unfortunately, this isn’t always an option so if you have to venture out on slick and snowy roads, drive at least 10 miles below the speed limit and be extra cautious. Don’t make any sudden lane changes and always slow down when approaching an intersection. You never know if another car may hit a patch of black ice and suddenly drive through a red light or stop sign on a course to smack your car or truck.

February 10, 2010 Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

Jackknifed Tractor Trailers Wreak Havoc on Southwest Virginia Roads During Snowstorm

By John Cooper, Truck Accident Attorney

A father and son – Edward Smith, Sr. and Edward Smith, Jr. – were killed when a semi-truck slammed into their Dodge Caravan after the two stopped to help a driver stranded on interstate 81 (I-81) in Wytheville, Virginia (VA).

My deepest condolences go out to the Smith’s friends and family. This is an especially tragic accident considering the father and son stopped on the side of the road to help another driver struggling to travel in the winter weather.

The tractor trailer reportedly swerved to miss the disabled car that was on the road, jackknifed and smacked the Caravan.

Jackknifed tractor trailers, unable to handle the icy roads, caused the biggest problems in Southwest Virginia, according to the Bristol Herald Courier.

“I’d rather drive off a cliff than hit a four-wheeler, cause you know they’ve got families in them, kids inside,” said Joe Soliz, a truck driver. “But when you’ve got 80,000 pounds on your back, pushing you, it’s just hard to stop.”

This is why there are federal regulations specifically dealing with large commercial trucks on roadways during bad weather . Ideally, drivers of commercial trucks like tractor trailers and big rigs would find a place to stop and wait out the storm. Unfortunately, there seem to be many truckers who throw caution to the wind and continue their travels despite icy roads (which could potentially turn to black ice ), high winds and huge amounts of snow.

Truck drivers need to fully analyze the potential consequences of driving in a snowstorm. All of the challenges truckers routinely face (e.g. the sudden movements of other vehicles on the road, poor visibility, etc.) increase exponentially when you add bad winter weather to the mix.

February 8, 2010 Tags: accident, attorney, big, commercial, Cooper, Edward Smith, I-81, injury, jackknife, rig, tractor, trailer, truck, VA, wreck Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

Tractor Trailer Crash Requires Medivac Helicopter on I-66 near Gainesville, Virginia

by John Cooper, attorney

big rig chrome Just recently there was a very serious tractor trailer crash that occurred near Gainesville, Virginia (Va.) out along the westbound lanes of Interstate 66. The crash was significant enough to shut down traffic for well over an hour as highway patrol and emergency crews worked quickly to secure the immediate area.

As reported by authorities familiar to the tractor trailer crash, there was at least one person trapped in the wreckage. Additionally, the Virginia Department of Transportation stated that a medivac helicopter was called to the tractor trailer accident scene to assist in rapid transport of the critically injured. The 18-wheeler crash happened around 4pm at the 45.5 mile marker near the exit ramp to Va. 234 south.

Did you know that a tractor trailer truck cruising at 70mph will have double the energy on impact as a truck going only 50mph? Also, did you know that most cars like the ones you and I drive are designed under Federal Motor Vehicle Safety Standards to encounter similar sized vehicles, not an 80,000 lb behemoth called an 18-wheeler? Add to this hazardous mix the fact that semi-trucks do not have any rear or side bumpers and that they have such high front bumpers that they usually punch right into a car’s passenger compartment. Together these factors account for the high percentage of serious injuries and deaths in tractor trailer crashes.

If you or a loved one has been hurt from a commercial trucking accident, you need the experience of an attorney that knows how to protect your rights. You should know that big trucking companies have their own team of investigators and lawyers fighting for them, you need someone on your side. We can fight for your best interests to get you the justice that you deserve.

February 3, 2010 Tags: 18 wheeler, accident, big rig, Cooper, crash, critical, dangerous, Gainesville, I-66, injury, medivac, semi-truck, tractor trailer, Virginia Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

Beware the Icy Dangers of a Tractor Trailer Rooftop

By Richard N. Shapiro, Attorney

ice on truck rooftop With the recent onslaught of snow and ice that has falling in our area it is sure to increase the likelihood of crashes and injuries out on our highways and roads. In fact, just such an event occurred near Charlotte, North Carolina involving two tractor trailers. Although no one appears to be hurt the accident could have been much worse. Driving a tractor trailer requires extra training and demands a skillful touch especially when it comes to inclement weather. Very simply, truckers must exercise the utmost care in icy or snowy weather-and must pull over rather than drive in known dangerous weather.

I-77 near Charlotte, North Carolina (N.C.) was closed to clear the trucks but then re-opened in both directions on the Iredell-Mecklenburg county line after an immense wreck left one tractor trailer hanging off a bridge within feet of going into Lake Norman. The incident happened in very icy lanes of I-77 Southbound when a U.S. Mail truck skidded and apparently lost control.

Witnesses say the tractor trailer driver came close to plunging straight into Lake Norman, but was able to make it out from the cab soon after the accident. We’re told his injuries weren’t life threatening. The tractor trailer wreck happened at Mile Marker 30 along I-77.

While the wreckage was in place, an additional mail truck – another tractor trailer – was involved in a wreck behind the initial one. News channel WBTV stated that it had to swerve in order to avoid the 1st tractor trailer and wound up in the ditch. The truck driver told the news station that if he hadn’t swerved, he would have knocked the first truck into Lake Norman. It appeared that both trucks were leaking fuel into Lake Norman according to the report by WBTV.

Eyewitnesses at the crash site could see gas spilling into Lake Norman as well as smell it on the accident. Despite the fact that much of I-77 moved well by later that afternoon, the southbound lanes around the bridge along at the county line had frozen over. When the accident happened, employees working with the nearby North Harbor Club in Davidson, North Carolina rushed over in an attempt to assist the trucker. Fortunately the man was okay, additionally, the truck didn’t plunge into the lake.

Did you know that snow and ice can accumulate on the rooftop of tractor trailers and also can cause serious harm to you and damage to your car? Each year, there are many incidents in which a driver suffers a serious personal injury or is involved in a car crash after losing control of the car when a sheet of solid ice smashes through the windshield after breaking lose from on top of the truck.

I am sure you are familiar with other incidents where small pebbles/stones or debris strikes your car from huge tractor trailer tires as they tend to be good at throwing up small rubble. Also, dump trucks often that lose small bits of what they’re hauling as they strike bumps in the road. Usually this only leads to small scratches in passenger vehicles or cracked windshields. However, during wintertime the tops of tractor trailers can easily gather huge chunks of ice that can to break free at almost any time. The substantial flat surface of a trailer top draws plenty of snow and water that can easily shift as the truck moves. The Chicago Daily Herald has reported about several of these tractor trailer rooftop ice sheet accidents in which thousands of dollars in damage and a number of personal injuries occurred caused by falling sheets of ice. New York is looking at modifying its laws regarding cleaning ice from trucks after a woman there had been killed when a piece of ice smashed through a windshield after slipping off a tractor trailer. So, yes, truckers should be familiar with this danger. Sadly, there are no reliable statistics on the danger of ice chunks striking cars and causing accidents. Bottom line: try to avoid hanging out in interstate lanes behind ice covered tractor trailers, and also stay a very safe distance away from tractor trailers that are operating in snowy or icy conditions as well.

About the Editors: Shapiro, Cooper, Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our truck accident case results, our free consumer guide on what to do in case you get into a wreck with a commercial truck, and take a moment to review our web site devoted exclusively to trucking issues. We serve all areas of North Carolina including the Outer Banks, Nags Head, and all counties. We provide FREE injury case consultations, so call us toll free at 1-800-752-0042.

Rick Shapiro and James Lewis were included among the “Best Lawyers in America” 2010 Edition and selected by the National Million Dollar Advocates Forum (2009). In addition, our firm has the highest rating of AV from Martindale-Hubbell, a national lawyer ranking organization, which means we have a reputation for preeminent legal skill.

Our lawyers proudly edit the Northeast North Carolina Injuryboard, as a public information service. We also host an extensive injury law video library on Youtube.

February 2, 2010 Tags: collision, I-77, ice sheet, injury lawyer, Lake Norman, North Carolina, rooftop, semi-truck, Shapiro, tractor trailer, U.S. Mail truck Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

Texting Ban for Truckers Goes Into Effect

By Jim Lewis, Attorney

A new federal ban on texting while driving is now in effect for truck and bus operators. If a trucker gets caught texting, they face a fine of $2,750, according to huliq.com.

The texting laws appear to be in response to studies indicating a dramatic increase in the risk of serious accidents when someone texts behind the wheel. One study revealed texting while driving is as dangerous as drunk driving while another said texting increased the chances of an accident by 23 fold.

In 2008, nearly 6,000 people were killed, and over 500,000 people were injured in motor vehicle accidents linked to distracted driving. Our firm wrote a special, in-depth consumer report about the dangers associated with distracted driving. Please take a moment to review the report here.

Virginia (VA) already passed a law restricting texting while driving for regular car operators, though the law categorizes texting as a secondary offense which means a police officer cannot pull someone over if they see them texting. The driver has to commit a primary offense first such as speeding or running a red light. Since commercial trucks and buses are regulated by federal law, the penalties and circumstances are different to enforce the law.

Many states (19 so far) are passing texting while driving bans and there could be a federal law which requires state texting laws or else federal highway funds would be reduced.

Will these new laws lead to restrictions on computer communication equipment thats featured in many commercial trucks? Its possible, but the federal texting law hasnt been passed and could be amended to allow for exemptions. The American Truckers Association has already endorsed the bill.

For now, the federal ban on texting while driving in a truck applies to a personal cell phone device.

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm which focuses on injury and accident law and our attorneys have experience handling truck accident cases. Check out our case results to see for yourself. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY and DC. We are ready to talk to you by phone right nowwe provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042. Our injury attorneys also host an extensive injury law video library on Youtube . Furthermore, our lawyers proudly edit the Virginia Beach Injuryboard and Norfolk Injuryboard as a pro bono public information service.

January 26, 2010 Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

Truckers Support Current Hours of Service, but Request More Flexibility

By John Cooper, Attorney

Various trucking organizations, including the American Trucking Association (ATA) went before the Federal Motor Carrier Safety Administration (FMCSA) to address the issue the driver fatigue and the current Hours of Service (HOS) rules.

The rules stipulate that a trucker has the option to drive 11 hours and then take 10 hours off or drive 34 hours and take 24 hours off.

Most the individuals who addressed the FMCSA were pleased with the current HOS rules but would like more flexibility in scheduling, according to prnewswire.com.

“We are more in tune with our body’s time clock than most people. Our safe driving is a testimony to that,” said Ralph Garcia, a professional trucker for 30 years who has logged 2.5 million accident-free miles in his career.

The recommendations presented to the FMCSA to improve trucker fatigue include:

1. Sleep disorder awareness, training and screening

2. Promoting the use of Fatigue Risk Management Programs

3. Increasing the availability of truck parking on important freight corridors

4. Partnering with the trucking and shipping communities to develop an educational process that identifies for drivers the location of available truck parking.

The use Fatigue Risk Management programs are especially promising since they utilize electronic, onboard recorders to monitor the truck driver’s rest schedule, according to etrucker.com.

The overarching request for flexibility makes sense and should be considered since no trucker should feel compelled to drive longer than they feel it is safe to properly operate their vehicle. Far too many truckers push the limit or rely on substances such as amphetamines to meet a destination deadline. Providing greater flexibility in terms of when and where to rest could potentially lead to a decrease in the number of truck wrecks attributed to fatigue.

On the other hand, having specific exact cutoffs has a purpose. It make a bright line, clear rule for everyone. The problem is not the vast majority of professional drivers, but a smaller group of bad actors. I am not sure that giving everyone too much do-it-yourself power is a great idea.

January 25, 2010 Tags: accident, attorney, Cooper, crash, disorder, fatigue, injury, sleep, truck, trucker, wreck Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

Preventing Fire Tanker Truck Rollovers Requires Training, Experience

By John Cooper, Attorney

A North Carolina firefighter responding to an emergency call on Jan. 25, 2010, became an accident victim himself when the water tanker in which he was riding rolled over outside of the town of Maxton. According to the Laurinburg Exchange, 18-year-old Quintin Thompson became paralyzed from the waist down.

The accident appears to have occurred when the 19-year-old tanker truck driver overcorrected after the right front tire of the vehicle ran off the side of the road. The truck was reportedly traveling at 10 miles per hour over the posted speed limit. Speeding and oversteering are among the leading causes of truck rollover accidents, according to an analysis published in the October 2009 issue of the journal Traffic Injury Prevention. That analysis also cites “failure to adjust speed to … loads [and] road surface” as leading factors in truc smFTTroll_CDC k rollovers.

Tanker trucks are particularly difficult to control because their loads shift with each change in speed and direction. Liquid loads can easily tip or flip a truck when drivers do not exercise the utmost care and caution. And the results can be deadly.

Here is what researchers from the National Institute for Occupational Safety and Health determined about fire tanker truck rollover risks and outcomes:

Incidents involving motor vehicles account for approximately 20% of U.S. fire fighter deaths each year; cases involving tankers are the most prevalent of these motor vehicle incidents. During 1977–1999, 73 deaths occurred in 63 crashes involving tankers. Of those deaths, 54 occurred in 49 crashes in which tankers rolled over (no collision), and 8 occurred in 6 crashes in which the tankers left the road (no collision).

The NIOSH report includes several recommendations for preventing tanker rollovers, but the one the agency repeats several times in different ways is that truck drivers who transport liquids need extensive initial training and frequent refresher training in how to handle tankers safely.

The National Fire Protection Association regularly updates a standard for the training of all fire vehicle drivers. Also, the federal Pipeline and Hazardous Materials Safety Administration enforces national laws that require extensive training and scheduled recertification of tanker truck drivers. Fire departments could protect their crew members and ensure their ability to respond quickly and adequately to emergencies by following these recommendations and rules regarding driver training.

EJL

January 25, 2010 Tags: deaths, fire truck, injury, John Cooper, lawyer, North Carolina, paralyzed, rollover, water tanker Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

Nighttime Often the Time for Serious Large Truck Accidents

By Richard N. Shapiro, Attorney

During 2008, large trucks such as tractor trailers and 18-wheelers were involved in traffic accidents that injured 70,567 Americans, according to reports collected by state agencies and the Federal Motor Carrier Safety Administration. Another 4,229 people died that year as a result of collisions involving semis and other large trucks.

A significant number of these serious and fatal truck accidents occurred at night. In fact, in 2006, when 5.027 people died as a result of truck accidents on America’s roads and highways, the Center for National Truck and Bus Statistics determined that 32.5 percent of fatal large truck accidents occurred between 8 pm and 7 am–the darkest hours of each day and the hours when drivers are most fatigued and least alert.

Two factors in particular can contribute to truck accidents at night. The first is truck drivers “over driving” their headlights. The second is drowsy driving.

An article posted to the Naval Safety Center Web site offers this definition of over driving headlights:

The faster you drive, the more time and distance you need to stop, and the less time you have to react. At night, when you can see only as far as your headlights allow, the situation is worse. If you go too fast, you will overdrive your headlights.

The article further notes that standard headlights illuminate the road ahead for up to 350 feet on a straightaway. This visibility increases to 450 feet when a driver turns on the high beams. The best most fully loaded 18-wheelers can do when traveling at 65 mph is come to a complete stop after 355 feet. New federal rules should soon improve that braking performance, but it is easy to see how trucks drivers can over drive their headlights by not slowing down at night or when they are driving on roads with many turns and curves.

Of course, large truck drivers must be awake and alert enough to use their brakes when necessary. The only way to ensure this is to make sure drivers get enough rest each day. Drivers must already abide by federal rules regarding hours of services, and the FMCSA has recently agreed to lengthen required rest periods for interstate truck drivers.

Better braking systems and more-rested drivers should improve nighttime safety for large trucks. However, the hours between sunset and sunrise will continue to be a risky time for traffic accidents involving large trucks as long as truckers over drive their headlights.

EJL

January 23, 2010 Posted in: Virginia (VA) Trucking Injury/Accidents Topics No Comments

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West Virginia Woman Suffers Traumatic Brain Injury after Truck Accident

Insurance Company Games Aimed at Reducing or Denying Valid Injury Claims

Black Ice Blamed for Truck Wreck in Culpepper, Virginia

Jackknifed Tractor Trailers Wreak Havoc on Southwest Virginia Roads During Snowstorm

Tractor Trailer Crash Requires Medivac Helicopter on I-66 near Gainesville, Virginia

Beware the Icy Dangers of a Tractor Trailer Rooftop

Texting Ban for Truckers Goes Into Effect

Truckers Support Current Hours of Service, but Request More Flexibility

Preventing Fire Tanker Truck Rollovers Requires Training, Experience

Nighttime Often the Time for Serious Large Truck Accidents

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