Driver fatigue has been a safety issue in the trucking industry for years. Unfortunately, the preference for maximizing profits rather than protecting workers has prevented any serious regulations from going into effect. Fortunately, that appears to be changing.

In a move to help prevent serious truck accidents, the Federal Motor Carrier Safety Administration has proposed reducing the allowable driving time for interstate truckers from 11 hours in each 14-hour shift to 10 hours. Truck drivers would also be required to take an hour-long break during “marathon shifts” that include loading and unloading the truckers’ cargo. This is important since many truck drivers push themselves to drive longer and longer hours. For example, a trucker was killed in an accident after being on the road for nearly 20 hours, according to the Orlando Sentinel.

Last year, the FMCSA approved a rule that goes into effect in 2012 and requires commercial truckers who have violated hour limits repeatedly to install electronic devices that replace paper log books. There is also consideration of requiring recorders regardless of whether a trucker or trucking company has been caught cheating on their driving logs.

The trucking industry has complained about the new and proposed regulations, claiming the rules increase the cost of doing business. However, evidence indicates that stricter rules have contributed to a reduction in fatal truck crashes. In 2009, the number of fatal big rig accidents that occurred across the United States dropped 20 percent from 2008.

Generating profits is important, but that should not take precedence over the safety of employees. New regulations have helped reduce the number of major truck accidents, which helps not only the truckers but the rest of the drivers on the road who might have been helpless victims in the serious trucking wreck.

PA

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 is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses to practice in NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. Our injury attorneys host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services. Check out our case results. 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.

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Like too many previous celebration of America’s independence, Fourth of July 2011 has the potential to be a deadly diving day on the roads and highways of Virginia (VA), North Carolina (NC) and every other state. Citing National Highway Transportation Safety Administration statistics, msn.com noted that the days leading up to and including July 4 regularly see more fatal car, truck, motorcycle and SUV accidents than any other holiday weekend.

“In the summer of 2008 …, 491 people died in car accidents during the three-day Fourth of July weekend. Out of that total, 43 percent died as a result of alcohol-impaired driving,” the website reported.

As a Virginia Beach, VA-based personal injury attorney who has represented injury and wrongful death victims following car and truck wrecks for nearly 25 years, I know firsthand that no crash that kills or injures is a welcome event. But accidents at otherwise happy times can be especially devastating.

In an effort to keep traffic accidents to a minimum this July 4th, and all summer long and year round, the American Trucking Associations, recently published the top 10 safe driving tips from commercial truck drivers.  While the advice is specifically intended to prevent collisions between 18-wheelers, semis, tanker trucks, flatbeds and smaller vehicles, following this advice from people who have logged literally millions of miles behind the wheels of big rigs should help everyone reach their destination safely every time.

• Prepare Your Vehicle: Checking your radiator, oil, and wipers and getting any necessary maintenance can help you avoid many of the problems that strand motorists on the side of the road.
• Check and Inflate Your Tires to the Proper Pressure: Overinflated tires can blow out. Underinflated tires make your vehicle harder to control. And having too much or too little air in your tires lowers your vehicle’s fuel efficiency.
• Drive the Speed Limit: Observing posted speed limits saves money on gas and reduces wear and tear on vehicles. Resisting the urge to speed also makes any driver or motorcyclist more safe. Maintaining a constant speed can reduce fuel costs by 30 percent and give you more time to react to changing road conditions or mistakes by other motorists.
• Remember That Large Trucks Have Large Blind Spots: Drivers of tractor-trailers and 18-wheelers simply cannot see you if you are beside their rigs. If you can’t see a trucker driver in his or her rearview mirror, the truck driver can’t see you.
• Keep Bottled Water in Your Vehicle: A summer emergency kit containing extra water, sunsreen and nonperishable food in addition to flares and tools is as essential as a winter driving kit containing a blanket and chemical hand and foot warmers. Never allow yourself to get stranded without emergency supplies.
• Park Safely Out of Traffic Before Using Your Cell Phone or Any Other Handheld Electronic Device: Taking your eyes and mind off the road and vehicles around you for even two seconds doubles your chance of causing or being involved in a crash.
• Do Not Cut Off Large Trucks: The longer and heavier a truck is, the longer its driver needs to stop. Keep that in mind when changing lanes in front of big rig.
• Honor Right-of-Way When Merging and Turning: You must yield to oncoming traffic whenever you enter a highway from an on-ramp, use an off-ramp or make a right- or left-hand turn from a light, intersection or parking lot. When you do merge, get up to highway speed quickly and do not slow down in front of an 18-wheeler or semi.
• Respond Calmly to Emergencies: If you get in trouble, put on your emergency blinkers and slow down smoothly before coming to a stop on a shoulder or in an emergency lane. Do not stop in the flow of traffic and, at the same time, move over or slow down when approaching police, broken down vehicles or road crews beside the road.
• Save Fuel: Take direct routes, make few side trips and keep your engine well-tuned. You’ll see noticeable savings on fuel and lower your chances of running out of gas when stuck in traffic.

Stay safe, and have a great Fourth.

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 is in Virginia Beach, Virginia (VA), but our lawyers also hold licenses to practice in NC, South Carolina (SC), West Virginia (WV), Kentucky (KY), Florida (FL) and Washington, DC. Rick Shapiro and James Lewis were included in the 2011 issue of Best Lawyers in America. They, along with fellow attorney John M. Cooper, were also named 2011 Virginia Super Lawyers for Personal Injury Law, an honor which fewer than 5 percent of outstanding lawyers receive. Our injury attorneys host an extensive injury law video library on Youtube. Further, our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard and Northeast North Carolina Injuryboard blogs as pro bono public information services. Check out our case results. 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.

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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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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 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.

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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.

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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.

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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.

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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.

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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.

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