Ricky L. Jones, a tractor-trailer driver for SUPERVALU grocery stores until a rear-end collision with another large commercial truck in 2007, recently received a $23 million personal injury verdict from a jury in Richmond, Virginia (VA). The panel was the second to hear the case, as the initial jurors could not reach a unanimous opinion over whether Jones was negligent in driving his big rig into the back of the other vehicle.

GPS data entered into evidence showed that the truck Jones hit had recently reentered the highway from the right shoulder and was moving at just 25 mph before being struck. Virginia state laws stipulates that “no person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic.”

According to a report published online by Lawyers USA, Jones spent weeks in a medically induced coma, suffered kidney and lung failure and brain and physical injuries — including “a crushed pelvis, the amputation of his right leg … and a crushed left foot” — that required 26 surgeries to repair or relieve. He has also developed mental health problems such as post-traumatic stress disorder as a result of the wreck.

The $23 million ordered to be paid by Moen Inc. covers, in part, more than $1 million for the medical treatments Jones required and nearly $2 million in past and future lost wages.

The attorneys who represented Jones, Christopher Guedri and Douglas A. Barry, deserve a lot credit for bringing a difficult personal injury case to a just and acceptable conclusion for their client. In addition to shepherding the claim through two trials over several years, the lawyers presented strong evidence from medical, psychological and traffic experts that defense attorneys were unable to refute or discredit.

It is important to note that Jones’ experience also illustrates the danger professional commercial truck drivers face from drivers of other semis, 18-wheelers and flatbeds. In one sad wrongful death case I handled for the victim’s family, a trucker who had been a passenger in the cab of a tractor-trailer that had been involved in a crash on I-81 in Shenandoah County, Virginia, lost his life when another truck ran over him after he had stepped onto the highway shoulder to assess the accident damage. Because truck drivers, by definition, spend so much time on the road in such large vehicles, they have great responsibilities to do all they can to keep themselves and others safe.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and have experience handling truck accident cases. 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 pro bono public information services. 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 (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.

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About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm whose attorneys focus on injury and accident law, and have experience handling truck accident cases. 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 pro bono public information services. 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 (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.

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In the second fatal accident involving a large commercial truck in North Carolina (NC) in less than four days, a tractor-trailer driver “plowed into a line of eight vehicles stopped in the right lane [of I-26]. … Five people were killed and 10 were injured.” The accident occurred on the interstate near the town of Fletcher just before 11 pm on Sunday, February 20.

The semi driver faces multiple manslaughter charges, and several of the injured car drivers and passengers remained hospitalized on Tuesday. The truck driver also appears to have given police a falsified or invalid medical certificate attesting to his physical and mental health and ability to operate a big rig safely.

No cause for the accident in which five people lost their lives and twice that many had their lives changed forever has been reported. The multiple criminal charges do point to the tractor-trailer’s operator being at fault, however. The time of the accident — near midnight — could also suggest that the truck driver had limited vision of the highway or suffered from fatigue.

Semis and 18-wheelers take much longer to stop than smaller vehicles, so it is important that the people behind the wheel of large commercial trucks remain alert and responsive to changes in road conditions and traffic flow that can lead to accidents in which people get killed or hospitalized.

Whatever caused the wreck, as an attorney with a firm whose lawyers have decades of experience representing victims of trucking accidents, I offer my condolences to families and friends of those killed. I also wish the injured parties speedy and full recoveries.

EJL

About the Editors: Shapiro, Cooper Lewis & Appleton is a law firm that focuses on injury and accident law, and our attorneys have experience handling truck accident cases. 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 pro bono public information services. 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 (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.

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When we hear in the news that a fire fighter has been killed, we expect it to be while in the line of duty, not in a car accident.  So I was surprised and saddened to learn of the death of a Clifton Forge Firefighter, Mr. Ashley Weikle.

Ashley was killed in a fatal crash on Interstate 64 (I-64) in Roanoke, Virginia (VA) on Dec. 3, 2010.  He was involved in a head on accident with another tractor trailer.  According to state police, the at-fault driver ran off the left side of the interstate, crossed the median and hit Ashley, sending the cab of his truck plunging into the river.

Our deepest condolences go out to his family.  It is terrible to lose someone in a preventable accident, even more so during this time of year. 

The driver of the other big rig was not hurt but was charged with reckless driving.

There is no word yet why the at-fault drive lost control, but 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.
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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.

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By Rick Shapiro, Personal Injury Attorney

Eastbound Interstate 26 (I-26) was shut down briefly Saturday afternoon near Johnson City, North Carolina (NC) after a tractor-trailer caused an accident involving three other vehicles, according to the N.C. State Highway Patrol.

The big rig driver was charged with failure to reduce speed to avoid a collision after his tractor-trailer struck a Mitsubishi and another tractor-trailer.  The second tractor-trailer was pushed into a Camry in a chain reaction crash. Traffic was slowing on I-26 because another vehicle was pulled to the shoulder and persons were trying to retrieve debris on the interstate.

Luckily there was only one minor injury.  “Only thing not drivable was the tractor-trailer that caused the wreck,” Police said.  The cars that were sandwiched between the big-rigs were very lucky that they didn’t suffer more serious injuries as 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.

As experienced truck accident/injury attorneys, we don’t know why the truck driver was unable to reduce speed to avoid the accident but North Carolina is ranked sixth in the nation for total accidents involving tractor-trailers.  Why is this?  Well it’s partly because over 50 percent of the trucks inspected in NC had maintenance or safety violations.  We hope this wasn’t the case in this accident but truck drivers can never be too careful and should meticulously maintain and inspect their vehicles.

CA.

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.

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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.

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An Albemarle County jury awarded a bereaved family $5.25 million for the loss of their precious 16 year old daughter who had been killed last year when a tractor trailer ran a red light and slamming into the car she was driving. The jury’s verdict was decided with only 3 hours of deliberation following a 2 day trial in the county’s civil circuit court.

In their decision, the jury found that the Don B. Swisher Trucking Corporation in conjunction with the McCann Delivery Service along with the trucker, Kenneth Barbour, were all negligent when the semi tractor trailer ran the red light and took away the young girl’s life that fateful day of May 9^th, 2008. The video below serve as an example of the devastation a truck can have when it slams into much lighter passenger vehicles:

Tractor-Trailer Truck Collision

The truck driver is currently serving an active 2 year prison sentence from his involuntary manslaughter and reckless driving when he pleaded guilty in a criminal trial that was held earlier this year in Albemarle County. The girl’s parents filed a $15 million civil lawsuit against all of the defendants in October 2008 accusing them of negligence and requested punitive damages.

Openly weeping, the victim’s father, mother and brother listened as Circuit Judge Cheryl Higgins read the verdict:  $5.25 million. The family’s attorney mentioned that the family felt vindicated with the judgment. Also, there were no further comments or speculation of seeking possible appeal from the trucking company’s attorney. We would like to congratulate the winning attorney, J Gregory Webb.

The intent of the lawsuit was to inflict as much financial pain as possible to the trucking company responsible for Barbour’s lack of training as a driver as to effectively prevent the company from  continuing their negligent operations or at least force them to change their safety training protocol, if they even had one.  The lawsuit accused Barbour of not slowing down when he approached the northbound lane of the intersection. The victim was making a left turn onto U.S. 29 southbound when the 1999 Chevy Cavalier was struck by the tractor-trailer. The complaint accused Barbour’s employers didn’t train him properly and did not supervise him adequately by allowing him to drive a rig with defective parts.

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

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Shapiro, Cooper, Lewis, & Appleton

A report by the American Association for Justice revealed that more than 28,000 motor carrier companies and more than 211,000 trucks violated federal safety regulations and were still operating on our roads.

A majority of these trucks received a “conditional” grade which means they are operating with one or more safety violations. Many truck companies are based in Texas, but there are plenty in Virginia (VA) and the companies based in the Commonwealth also violate federal safety standards.

The most common violation was defective brakes. Obviously, having functional brakes is essential for safety, but trucking companies simply ignore this requirement and send their employees out on the road with malfunctioning brake systems.

Other violations include:

• Balding tires, retreaded tires
• Truck loads exceeding weight limits
• Inexperienced and untrained drivers
• Drivers working excessive hours
• Drivers with drug or alcohol dependencies
• Falsified trucking logs and other records

In 2007, more than 86,000 people in the United States were seriously hurt after being involved in a trucking accident and over 4800 people died as a result. These statistics are unacceptable and something needs to be done. All of the violations listed above can be corrected with simple responsibility and ethical business practices. It’s shocking that truck companies remain in business even after it’s been discovered they falsify trucking logs and send their employees out untrained or poorly trained to handle such dangerous equipment.

As an injury lawyer who works for a firm that regularly represents people whose lives were changed forever after bring involved in a truck accident, I’ve seen firsthand the devastation these vehicles can inflict. There needs to be a full-scale investigation into the trucking industry and harsh punishments need to be levied in order to send a clear message that safety comes first, not last.

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.

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The victim, Bates, crashed his tractor-trailer into the back of another tractor-trailer causing a rear-end collision at mile marker 141 on Interstate 81 South at approximately 10 a.m. Virginia police reported that the first truck had stopped for an earlier crash.

During the maelstrom both directions of I-81 were closed for almost an hour and Virginia’s Department of Transportation closed the Virginia 419 bridge over I-81 until a VDOT inspector was able to declare it safe.

At one point a traffic backup of nine miles long was reported in the southbound lane as mentioned by VDOT. The bulk of the traffic was detoured off the interstate, diverting a heavy flow of vehicles onto Interstate 581, Peters Creek Road, and West Main Street in Salem.

Danger and trouble rides beside you each day as you share the road with these 18 wheelers. I understand that truckers need to make a living, but it is usually the big companies they work for to blame. A recent official report gathered by just one state’s DOT (Michigan) showed only 2 percent of trucking companies are being inspected routinely. The question you need to ask yourself is: How many more rogue companies and unqualified drivers are there?  Have you stopped to consider that as the economy continues to struggle, the easiest decision for financially strapped trucking operations is to cut costs in safety and maintenance? What will the already overstretched federal and state investigators do to contend with the ever expanding unscrupulous trucking companies trying to get away with these unsafe practices?

Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), with an office also in Elizabeth City, in Northeast North Carolina (NC), practicing primarily in the southeastern U.S. and handles only injury law, including car, truck, railroad, and medical negligence cases and more. Our Carolina injury law website is: http://carolina.hsinjurylaw.com, the firm edits the injury law blogs Virginia Beach Injuryboard, Norfolk Injuryboard, as well as the Northeast North Carolina Injuryboard and also hosts a YouTube injury law video library covering many FAQ’s on personal injury subjects. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

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