Post Footer automatically generated by Add Post Footer Plugin for wordpress.

Elizabeth P. Lyman of Fairhaven, Massachusetts (MA) was driving her Plymouth Voyager on Interstate 495 (I-495) when she decided to pull off the side of the road at the Springfield interchange in Fairfax, Virginia (VA), according to wusa9.com. Tragically, she would never make it to her destination. A tractor trailer sideswiped the Voyager and hit her while she was standing near the right shoulder of the exit ramp from I-495 west to Interstate 95 (I-95) south. She died at the scene, according to the Washington Post.

Mrs. Lyman was only 68 years old. My deepest sympathies go out to Mrs. Lyman’s family. The grieving process is difficult so I hope they can make it through okay.

Reports indicate the driver of the tractor trailer, which had a full car carrier attached, swerved suddenly to the right in order to avoid hitting a car that was slowing down on the highway. This was the wrong decision since not only did the tractor trailer hit Mrs. Lyman, but also wound up colliding with an SUV.

The tractor trailer driver was charged with operating an overweight vehicle and reckless driving.

Our firm handled a case very similar to this incident. We represented a family who lost a loved one in a trucking accident. The tractor-trailer operator in this case attempted to change lanes, but miscalculated the distance between his truck and the rear of a car. The truck clipped the rear of the car causing it to flip over, which killed our client (who was survived by his wife of 38 years and his four adult children). The tragic wreck occurred on a rural highway in VA. Fortunately, we were able to successfully obtain a wrongful death settlement for the family to compensate for their pain and suffering. To learn more about this wrongful death truck accident case, please click here.  

The wreck on I-495, and the case we handled, illustrates just how important it is to properly operate a large commercial truck. When someone operates a vehicle of such size and power recklessly, the consequences can be deadly.

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.

PA

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

Two men were killed in an accident involving a tractor trailer at the intersection of Ky. 1499 and U.S. 460. The accident investigation allegedly revealed the truck driver was knowingly operating the vehicle with bad brakes. As a result, the at-fault driver was charged with reckless homicide, according to the news-expressky.com.

The tractor trailer had 10 brakes, but only three were fully operational at the time of the wreck.

Trooper Shannon Jones received information that the tractor trailer driver used his CB radio to contact some local truck drivers minutes before the wreck, which proved the at-fault driver knew there was a problem with his truck.

“[The truck driver] was asking if there was any bad hills,” Jones said. “He told [the truck drivers] that his brakes were bad, that his brakes were no good.” This information is supported by other findings by accident investigators.

Hearing about these types of accidents is extremely frustrating because this tragedy could have been prevented. Two men are now dead because a truck driver wasn’t responsible enough to simply get his brakes fixed.

Our firm wrote about the high number of trucks, big rigs, 18-wheelers, tractor trailers, etc. on the road with defective or worn out brakes. In fact, the American Association of Justice discovered bad brakes were the most common safety violation on many commercial trucks.

The investigation of the fatal truck accident will continue and there may be even more revelations about this incident and the condition of the tractor trailer. The reckless homicide charge brought against the at-fault driver is a class D felony, punishable by a maximum sentence of five years in prison.

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.

PA

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

The deadliest truck wreck in Kentucky (KY) since 1988 occurred recently taking the lives of 11 people.

A tractor-trailer crossed the median on Interstate 65 (I-65) and slammed into a 15-seat Dodge Van. Ten people in the van were killed, with only two young children surviving the crash. The eleventh victim was the driver of the tractor trailer, according to telegram.com.

This is one of those gut-wrenching wrecks that truly breaks your heart.The victims in the van were on the road heading toward a wedding in Iowa ready to celebrate a joyous occasion. Now, loved ones are devastated and forced to grieve the loss of those closest to them. My deepest condolences go out to the family.

We don’t know what caused the tractor-trailer to cross the median and hit the van. Was the driver distracted in some way? Were they drowsy (the crash occurred early in the morning)? Was there a mechanical error? Police are still investigating the scene of the accident.

One thing we’re sure of is that the cable barriers dividing traffic were not capable of preventing this type of wreck. Christopher Hart, the vice chairman of the National Transportation Safety Board, said the cable barriers aren’t designed to withstand the force of a large truck, according to wect.com.

Mark Brown, a spokesman for the State Transportation Cabinet said the barriers are the strongest made and that no system exists to prevent a tractor trailer of such massive size from crossing them.

This tragic crash highlights the tremendous responsibility on truck drivers all across the country, including Virginia (VA). One mistake, or momentary lapse of attention, can lead to a major wreck and loss of life.

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.

PA

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

An important provision in the Federal Motor Carrier Safety Act limits the hours truck drivers can operate a commercial tractor trailer, 18-wheeler, big rig, etc. The purpose of the law is to help reduce the number of truck accidents that stem from tired and/or fatigued truck drivers.

Our firm has written about tired truck driver accidents and the injuries that can result from these often horrific wrecks. Over 750 people lose their life and 20,000 people are seriously injured every year due to tired truck drivers, according to saferoads.org. Furthermore, a study conducted by the National Transportation Safety Board found that out of 107 truck wrecks, fatigue was a major factor in 75 percent of the accidents.

The Hours-of-Service law requires truck drivers to get rest and re-charge their batteries before hitting the road again.

Part 395 of the Federal Motor Carrier Safety Act states that no motor carrier company shall permit or require any driver to:

• Drive more than 11 hours after 10 consecutive hours off duty
• Drive after the end of the 14th hour after coming on duty following 10 consecutive hours off duty

The regulations also state that no truck company shall permit or require a truck driver to operate a commercial truck after having been on duty for 60 hours in any period of 7 consecutive days if the truck driver does not operate a commercial truck every day of the week. If the truck driver operates a commercial vehicle every day of the week, then they can only be on duty for 70 hours in any period of 8 consecutive days.

Unfortunately, after a truck crash, it’s not unusual to uncover violations of the Hours-of-Service law. Commercial truck companies and drivers continuously push the envelope and go far beyond the allotted hours of service. Why? Because the more miles they drive, the more money they make.

This is why I believe we need to change our approach to regulating truck driver hours of service. There needs to be a shift in how truckers get paid so the incentive to break the law isn’t there. One idea would be to shift from miles-driven compensation to a salary payment system with bonuses paid to truck drivers who have clean driving records (no truck wrecks and no tickets) at the end of the fiscal year.

If that change is too dramatic, regulators should consider mandating every commercial truck company use an automatic on-board recording device which will log the hours a truck driver works. Under current law, it’s up to the truck company whether or not they use this type of device. If they forego this option, it’s up to the truck driver to manually log the hours they work. This is where problems occur since truck drivers may alter the hours they put in the log to ensure they get more time on the road to make more money. Regardless, it’s up to the truck company to enforce the Hours-of-Service regulations, but many don’t. In fact, some companies look the other way, or even encourage, their drivers to stay on the road longer than they should so more product gets to the proper destination. If regulations mandated an electronic on-board recording device, this type of abuse could decrease.

The one consistent theme is that things need to change in the trucking industry. The current regulations have good intentions, but there is too much wiggle room for neglect/abuse from the truck companies. 

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.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

A West Virginia (WV) woman was driving her car on a Martinsburg road when a truck slammed into her vehicle causing a major wreck.

The 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.

“The passenger-side door was [smashed] in so much that it was pretty much against [the] driver’s seat and [the] driver’s-side door was against the side of the hill, so there was no way to really get in 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 the victim alive. They are fortunate to still be with us, but it appears their injuries have completely altered their quality of life and may never fully recover. 

The victim suffered a traumatic brain injury as a result of this terrible accident. Doctors indicate they are blind and will need to learn basic functions like eating and walking. In addition, they routinely suffer from high fevers since the area of the brain that was damaged controls body temperature. Hopefully, the victim, who is only 24 years old, will be able to gain some semblance of their 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.

PA

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

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.

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.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

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.

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.

bm

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

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.

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.

Post Footer automatically generated by Add Post Footer Plugin for wordpress.

A tractor trailer crash on I-95 just outside of Dunn, North Carolina (N.C.) has tragically left a 6 year old child dead. In a sad chain of events an SUV in which the child was riding collided with an 18 wheeler on a stretch of Interstate 95 in Harnett County, North Carolina (N.C.).

In describing the accident scene, a NC State Highway Patrol spokesperson reported that the big rig was traveling northbound on Interstate 95, near the Pope Road overpass, when the SUV attempted to pass it in the left hand lane. The SUV ended up hitting the guard rail and landed upside down

The child was the sole fatality in the Johnston County I-95 tractor trailer wreck along this particularly deadly stretch of highway. The remaining occupants of the SUV included: the driver, age 34, and three other adults along with two other children. The travelers from Pennsylvania were transported by ambulance to the Betsy Johnson Hospital in Dunn, North Carolina (N.C.) for injuries. The Johnston County tractor trailer crash on I-95 is still under further investigation. The driver of the big rig was reported to have suffered no injuries.

According to the U.S. Department of Transportation, twelve percent of all traffic fatalities in the United States involve truck accidents. Tractor trailer truck accidents are especially dangerous. In such truck accidents, an alarming 98% of the time, the passengers or driver in the other vehicle is killed as opposed to people in the truck.

Although tractor trailers are an important part of distribution of goods, they are involved either directly or indirectly almost every day on our highways. The untimely death of such a young child is terribly tragic. Our prayers and heartfelt sympathies go out to the family in their time of grief. It is hard to imagine the scare and shock of the occupants of this passenger vehicle surviving this tragedy.

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.

bm

Post Footer automatically generated by Add Post Footer Plugin for wordpress.