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

Friday morning while driving to work, you probably think about the upcoming weekend. Some people are thinking about the activities they are planning with their kids. Others think about a Friday night dinner date with friends.
 

Now imagine how different your Friday morning would be if a distracted or careless driver blew through a red light and hit you. All your weekend plans, maybe even life-long plans, gone in a blink of an eye.

It was a frightening and fatal Friday morning for a driver in Virginia Beach, Virginia (VA). One person died when a tractor-trailer collided with a mini-van at Northampton Boulevard and Burton Station Road, police said.

 
The tractor-trailer, was headed south on Northampton at about 1 a.m. when the driver ran a red light, striking the minivan. The driver of the mini-van died at the scene of the crash.  Police charged the tractor-trailer’s driver with disregarding a red light.

My sincere condolences go out to the family of the victim.  I hope that the family  finds a way to recover and move on. 

 Trucks are significantly heavier than cars. The power, size and weight of a commercial tractor-trailer make the impact of a truck collision much worse and the chance of serious injury and death much higher. The death rate for truck crashes is 50 percent higher than for car accidents, and many injuries may cause life-long disability and permanent or chronic health problems.

Why did the truck run the red light? Was he distracted, tired, on the cell phone?  We still don’t have the full details of what happened since the investigation remains active. But our trucking attorneys have experience with truck accidents just like this and we serve not only the Virginia Beach area, but the entire states of Virginia and North Carolina.

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. Though not every case meets our criteria, we offer free, initial consultations so give us a call at 1-800-752-0042. If you can’t get through due to high call volume, please leave a message and we will return your call promptly. Our primary office in based in Virginia Beach, Virginia (VA) although our lawyers hold licenses in NC, SC, WV, KY, FL and DC. 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.

CA

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

If there was any doubt about the level of risk we all face while sharing the highway with big rigs and other large commercial trucks, the recent accident in Henrico County, Virginia (VA) illustrates what can happen when something goes wrong with a large commercial truck.

A big rig traveling down Interstate 64 (I-64) suddenly had a wheel base break off causing the massive truck tire to bounce across the highway eventually slamming into a minivan driven by Stephanie Bender, a resident of Colonial Heights, VA. She died at the scene on May 14, 2010 as a result, according to wtkr.com.  The truck was  owned by J.E. Liesfeld Contractor Inc. of Rockville, MD, State Police spokesman Sgt. Thomas J. Molnar said.  A company spokesman said that the wreck “very tragic” and said the cause appeared to be equipment failure — a tire seal ruptured, and friction caused the 200-pound tire set to come off the axle.  Under Department of Transportation (DOT) regulations governing commercial trucks, there are inspections required of such vehicles.  It is unclear at this time whether any failure of maintenance or inspection duties apply here.

Here is a news report about this fatal truck accident:
 
 
“The company is very upset this happened, it’s a tragic accident, and the company will do everything it can to assist the family in its time of need,” said Charles Ayers, corporate counsel to Liesfeld.  As a trucking injury attorney often working against trucking company’s, it is unclear to me what the attorney’s comment means in the context of any civil injury lawsuit that may be brought by her family members.

Stephanie Bender was survived by her husband, Terry Lee Bender, Jr, two daughters, her parents, and many brothers and sisters.  Her family has roots in the Macon/Dodge County, GA area.  Many of her co-workers at Capitol One, where she had previously worked, were stunned, and talked about her beautiful smile and the pride she took in her daughters and her family.

The disparity in size and weight between a commercial truck and compact cars, SUVs, and minivans is so great that even when the slightest error or malfunction occurs with a big rig or 18-wheeler, the damage can be catastrophic, especially for the driver and/or passenger(s) in those compact vehicles.

The VA Commercial Motor Vehicle Inspection Team is investigating what caused the tire to break off from the big rig, according to wtvr.com. They will determine if traffic/criminal charges should be filed against the truck driver since there’s a chance the big rig may have had mechanical defects which were overlooked or neglected leading to a death.  This is completely separate from any “wrongful death” civil lawsuit that may be available to the surviving family members.

It  was reported that over 200,000 trucks violate federal safety regulations, but are still operating on roads and highways all across the country. We’ll have to wait and see what the Inspection Team reports.

Regardless of the cause, I want to send my deepest sympathies to the Bender family. The pain of losing someone you love is always gut-wrenching, but it has to be even worse when the loss is so sudden. Mrs. Bender was only 36 years old.

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, FL 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.

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.

bm

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

Some people envision truck accidents as a trucker on the rampage recklessly dominating a Virginia (VA) roadway like I-264 or I-64 and slamming into small  cars or mid-size SUVs. However, many truckers exercise safe driving practices and are actually the victims of reckless driving on the part of  car and SUV operators, and themselves suffer serious injuries.

If you’re a trucker and suffered a serious injury from a wreck, you also need to consider obtaining legal representation and commercial trucking companies do not proivde you a highly qualified injury attorney:  you are the decisionmaker.   Our attorneys are more than willing to represent an injured trucker who exercised responsibility and suffered an injury caused by a car, pickup truck, SUV, or another large truck (i.e. tractor trailer, 18-wheeler, big rig, etc.).

There are many scenarios where the trucker is not at fault for the accident. For example, a distracted driver operating a Toyota Corolla can cause serious damage to a truck if the driver is texting away on their cell phone and causes an intersection crash.   There are numerous cases where a car or SUV driver has “run” a red light and caused a serious wreck with a truck or big rig also.

Another common scenario is when a car is speeding on a highway like I-95 and fails to provide adequate space between their car and your truck, including a sudden lane change (this occus a lot heading towards the Hampton Roads Bridge Tunnel). The end result can be a major car/truck wreck with serious injuries. If you are a Virginia (VA) trucker or any CDL driver, you may  find yourself in this situation, and need an attorney who thoroughly understands injury law, especially both car and large truck regulations. Our attorneys possess over 100 years of combined legal experience and have handled literally hundreds of car accident cases, incuding countless truck crash cases.

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.

Poorly adjusted brakes are one of the leading causes for major commercial truck wrecks in the United States. Our firm recently blogged about a trucker getting seriously injured after their brakes failed on U.S. Highway 52.Unfortunately, the trucking industry doesn’t appear to take this safety issue seriously since defective brakes were the most common safety violation for trucks, according to a study conducted by the American Association of Justice.

Even more astounding is the fact that federal law explicitly states the standards for commercial truck brake systems….

Subpart C—Brakes

§393.40 Required brake systems.

(a) Each commercial motor vehicle must have brakes adequate to stop and hold the

vehicle or combination of motor vehicles. Each commercial motor vehicle must

meet the applicable service, parking, and emergency brake system requirements

provided in this section.

Even commercial trucks with a brake system complying with the Subpart C statute must also comply with the brake performance language of the law…

Subpart C—Brakes

§393.52 Brake performance.

(a) Upon application of its service brakes, a motor vehicle or combination of motor

vehicles must under any condition of loading in which it is found on a public

highway, be capable of—

(a)(1) Developing a braking force at least equal to the percentage of its gross weight

specified in the table in paragraph (d) of this section;

(a)(2) Decelerating to a stop from 20 miles per hour at not less than the rate

specified in the table in paragraph (d) of this section; and

(a)(3) Stopping from 20 miles per hour in a distance, measured from the point at

which movement of the service brake pedal or control begins, that is not greater

than the distance specified in the table in paragraph (d) of this section; or, for motor

vehicles or motor vehicle combinations that have a GVWR or GVW greater than

4,536 kilograms (10,000 pounds),

(a)(4) Developing only the braking force specified in paragraph (a)(1) of this

section and the stopping distance specified in paragraph (a)(3) of this section, if

braking force is measured by a performance-based brake tester which meets the

requirements of functional specifications for performance-based brake testers for

commercial motor vehicles, where braking force is the sum of the braking force at

each wheel of the vehicle or vehicle combination as a percentage of gross vehicle or combination weight.

This statute is important since there’s a big difference between stopping and braking for a large commercial truck. Many people think these are interchangeable terms, but for a commercial truck, the time after applying the brakes and the stopping distance in between vehicles are crucial.  If a wrongful death occurs due to a truck crashing into the rear of a car or SUV these distances, and how to maintain a proper following distance, are significant factors.

If a trucker fails to apply the brakes from a suitable distance, the trucker and/or the truck company may be found liable for the accident. This is why having a quality brake system is so important. Faulty brakes can cause a serious accident, even if the trucker was alert and applied the brakes–because they must function properly 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 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.

Shapiro, Cooper, Lewis, & Appleton

There were nearly 370,000 18-wheeler, tractor-trailer, and Mack truck accidents in 2006, according to the Federal Motor Carrier Safety Administration. One of the reasons these large truck accidents occur is because of defective tires. The sheer size of these trucks puts extra pressure on the tires so they can wear out faster than smaller vehicles. Throw in a bad installation, misalignment, or improper air pressure in the tires and you have a very volatile situation. The end result can sometimes be a major truck wreck where someone gets seriously injured or dies.

In many of these wrecks, a tire gets blown out while the truck is traveling on the highway. This can lead to a tractor-trailer rolling over and slamming into multiple vehicles creating a chain-reaction crash with multiple injuries and massive damage.

Bad tires can be a symptom of a larger problem – defective parts throughout the truck. Since many companies use refurbished parts to save money, these trucks are routinely ill-equipped with safe, reliable parts. This leads to equipment failure and/or extra pressure that the tires cannot handle.

So what can be done about this issue? The key is vigilance on the part of the truck driver and the trucking company. Routine maintenance checks are necessary with special attention paid to the tread and quality of the truck tires. This may seem like common sense, but in the fast-paced, deadline-oriented world of truckers, taking the time to thoroughly inspect tires can be difficult. However, it’s extremely important and a much better alternative to suffering a serious injury like a broken/fractured neck, severed limb, or traumatic brain injury due to a major truck accident on I-264 or I-64 or any other Virginia or Carolina highway or interstate.

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.

Shapiro, Cooper, Lewis, & Appleton

Some drivers mistakenly believe truckers have better vision while on the road because they’re high off the ground. In actuality, trucks possess major blind spots which present a real challenge to the drivers when they’re traveling on congested highways like Interstate 64 (I-64) and Interstate 264 (I-264). The nightmare scenario for any driver is to wind up in a truck’s blind spot resulting in a horrendous car-truck accident that causes serious injury.

For truck drivers, you need to bring your A-game when operating these gigantic vehicles, especially on the challenging Virginia (VA) roadways and driving through passageways like the Hampton Roads Bridge Tunnel. One wrong move or sudden turn can lead to the aforementioned accident scenario that could wind up causing injuries like a broken neck, facial laceration, torn knee ligaments, etc. It could also lead to a reprimand by your truck company if it’s determined the accident was your fault.

If you’re operating a tractor-trailer, remember they are “articulated” vehicles, which means the trailer is flexible in the middle and the side mirrors are the only rearward vision you’ll have on the road.

For regular car drivers, be aware of the “no-zone” laws around the side, rear, and front of trucks, tractor-trailers, 18-wheelers, etc:  These are areas where smaller vehicles should not travel next to a large vehicle, according to the Virginia DMV.Here is an illustration of the no-zones:

If both large truck and small car drivers follow safety guidelines and laws, hopefully we can decrease the number of tragic accidents which take place far too often in areas of Virginia like Norfolk, Newport News, Charlottesville, and Roanoke, just to name a few. For example, 78 people were killed in accidents involving a tractor trailer and there 47 tractor trucks were involved in fatal accidents in 2008 in the Commonwealth. These numbers need to go down.

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 truck driver of a semi trailer tractor is a trained professional who has spent a good deal of money and time going through training and testing so that they can obtain their commercial driver’s license (CDL). The requirements are quite rigorous as compared to earning a typical driver’s license. However, consideration has to be given when comparing the size of tractor trailers and how much harder they are to handle and control once something goes wrong while on the highway. This is exactly why you should take great care and precaution when you find yourself driving next to one of these big rigs while in your car and be prepared for any potential problem.

Few people know that you can greatly reduce your percentages of being involved in another fatal 18 wheeler crash by becoming just a little more aware of a big rig’s dynamics and having a healthy understanding of a tractor trailer’s limitations on what exactly could go wrong. Trustworthiness aside, there is no amount of expert truck training or for that matter, right of way law, that will prevent tractor trailer equipment failure. The only laws an equipment failure wreck might follow are the laws of physics.

Brakes, tires, axles and even the truck trailer hitch are just a few parts that can fail on a tractor trailer that would result in a serious, if not fatal accident if you happen to be driving beside the truck at the moment of equipment failure. The sad fact of the matter is that not all trucking companies stay compliant with strict laws requiring that their semi tractor trailers undergo routine inspections that are suppose to ensure a truck’s parts and equipment are in excellent working order.

Consideration needs to be taken with a tractor trailer’s tendency to jack-knife, which is when the big rig folds up as the trailer tries to pass the cab.  A jackknife can be caused by sudden braking, slippery roads, a sudden impact to the truck, or malfunctioning brakes. If it is the brakes that have malfunctioned, then it’s usually a result of the front brakes locking up as the rear ones are failing that typically cause the cab to stop while the trailer stays in motion.

Lastly, another common problem to be cautious of while passing a tractor trailer is making sure you stay out of its blind spot.  If you have ever followed too closely to the back end of an 18 wheeler, then you probably have seen the warning indicating that “if you can’t see my mirrors then I can’t see you.”  If you find you are in this space behind a truck slow down or pass as quickly as you can in a safe manner.  Although you might even see the mirrors do not count on the truck driver seeing you behind him as he could be distracted or you could be going in and out of his blind spot, so to be safe, just stay clear of the truck’s blind spot.

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.

Shapiro, Cooper, Lewis, & Appleton

The drivers of a tractor-trailer was seriously injured after the trailer lost its brakes and crashed into an embankment on U.S. Highway 52 between Fancy Gap and Cana, Virginia (VA), according to Mount Airy News.

The trailer flipped over and slipped across the northbound lanes finally smashing into an embankment. Rescue workers spent over an hour to free the driver from the trailer.

Brake defects were found in 56 percent of tractor-trailers involved in truck crashes, according to ESTD. A study sponsored by the Department of Transportation concluded that nearly 30 percent of all large truck crashes involved brake failure, brakes out of adjustment, or other brake related issues.

A brake failure is one of the worst experiences a driver can go through. You feel helpless and your vehicle becomes a target for destruction.

Here are some general guidelines you should adhere to in case your brakes fail, from Safety.com:

• Try not to panic. If possible, work your vehicle into the right lane and then toward the shoulder or, if possible, toward an exit. Remember to use your directional signal. When you reach the right lane turn on your emergency hazard lights.
• Let the truck slow down gradually by taking your foot off the gas pedal. Simply steer as your vehicle slows and shift the truck into a lower gear to let the engine help slow the truck.
• Get the truck off the roadway and to a safe place to avoid stopping traffic or being involved in a rear-end collision.
• When safely off the road, put out reflective triangles beside and behind your vehicle to alert other drivers; keep your emergency flashers going.
• Don’t stand behind or next to your vehicle; if possible, stay away from the vehicle and wait for help to arrive. Do not be tempted to drive your vehicle, no matter how slowly, without brakes.

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 primary office in based in Virginia Beach, but we’re ready to come to you anywhere in Virginia if you’ve been seriously hurt by someone else’s carelessness. We are ready to talk to you right now and we provide free initial confidential injury case consultations, so call us toll free at 1-800-752-0042.

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