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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Our firm has written a special FREE report on distracted driving, which includes extensive information on texting while driving. Be sure to take a look.

Even with states taking action, a federal ban has been bandied about on Capitol Hill. Senator Chuck Schumer (D-NY) has legislation which would deny states a percentage of federal highway funds if they don’t implement a texting while driving ban.

Most people concede texting while driving is something that needs to be restricted. Nevertheless, there is one group of drivers who don’t support such major action – truckers. Many truck companies have computers and handle-held devices in their vehicles in order to communicate with drivers and provide directions. They contend this type of technology should be exempt from any federal legislation.

However, the evidence is not in favor of the trucking industry. The Virginia Tech Transportation Institute videotaped drivers who use the computer technology in the cab of their trucks and found they’re at 10 times greater risk of crashing, nearly crashing or wandering from their lane than truckers who did not use those devices, according to the New York Times.

In Virginia (VA), Old Dominion Freight Line is in the midst of a legal battle stemming from a major accident where their truck driver was using a hand-held device and smashed into a motorcyclist. If stories like this continue to emerge, truck companies may not be able to escape federal texting regulation and could be forced to remove, or dramatically alter, their on-board computer devices.

As an injury lawyer who regularly represents people seriously hurt in car/truck accidents, I’m for whatever helps decrease the incidences of these types of accidents. The damage trucks can inflict on people is disturbing and drivers needs to remain alert at all times when they’re behind the wheel.

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

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