Articles Posted in Truck Accidents

We note on our legal website the often devastating consequences that ensue for New York drivers and occupants in passenger vehicles when they become involved in crashes or collisions featuring large commercial trucks.

In fact, we cite the obvious regarding big rigs on the Syracuse Truck Accident page at the personal injury law firm of DeFrancisco & Falgiatano, noting that, given their unrivaled size and weight, “they can readily mow over, crush or crumple a two-ton car.”

That is flatly scary. Moreover, the prospect of such accident outcomes might readily conjure up in the minds of drivers in passenger cars and trucks other factors that increase the accident odds for 18-wheel rigs and other highway behemoths.

In a number of our posts, we have highlighted the dangers that semi-truck pose to the driving public. Indeed, truck drivers are specially trained to handle the largest vehicles on the road, but there are a number of myths that are prevalent that could lead to truck accidents. Through this post, we will highlight these myths and the truths that dispel them. 

Myth: Truck drivers don’t need seatbelts – The truth is that truck drivers, like drivers and passengers in cars, need to wear their seatbelts. Even though a truck driver is not likely to be crushed when involved in an accident, he or she still runs the risk of being thrown from the vehicle. Because of this, truckers must wear their seatbelts.

Myth: Truck drivers are capable of driving fast in bad weather – The truth is that excessive speed increases the risk of an accident in ideal weather conditions, and that risk increases when road conditions deteriorate. So when roads are wet or packed with snow or ice, truckers must reduce their speed just like everyone else.

We have noted in a number of our posts that semi trucks are the most dangerous vehicles on the road. Their size may be helpful in transporting large quantities of goods from region to region across New York and the northeast, but they also post a danger to common motorists. For instance, the average size of a semi truck is 20,000 tons (i.e. 40,000 pounds), where a car may weigh in at 3,000 pounds.

That does not bode well for those in passenger vehicles. Because of this danger, the Federal Motor Carrier Safety Administration (FMCSA) sponsored national Brake Safety Week. The purpose is to make sure that trucks and buses across the nation are in compliance with national safety rules. According to the Commercial Vehicle Safety Alliance, braking violations make up the largest portion of out-of-service violations found during roadside inspections. 

Properly functioning braking systems should be of the utmost importance for truck drivers, trucking companies, law enforcement agencies and the public alike. After all, if a large vehicle has trouble slowing down and stopping, it is an accident waiting to happen. As such, state and federal officials conducted safety checks to identify loose or missing parts, worn brake pads, rotors and drums, as well as potential problems with hydraulic fluid.

The end of the summer driving season does not mean that trucks become less dangerous as fall arrives. In fact, drivers must be more aware of trucks as road conditions deteriorate in the coming months.

While the roads have not become terrible yet, the days are getting shorter, which means it is more likely to encounter trucks at night. Nevertheless, regardless of the time of day you encounter a truck, there are a number of things drivers should do to avoid accidents with the behemoths of the highway.

This post will highlight a couple of them. 

The trucking industry can be a brutal, unforgiving, and time sensitive business. This means that things that keep trucks off the road and moving are dealt with harshly. Suffice it to say, traffic is the enemy. Weigh stations are received with disdain. And illnesses? They happen, but it is more likely than not that a driver will be behind the wheel while sick and even tired.

While time is of the essence to trucking companies, pushing drivers too far may result in severe penalties. Such was the case with a company that was forced to pay $20,000 to a driver who was punished because he refused to drive because he was under the weather. 

According to a recent overdriveonline.com report, the trucking company had suspended the driver without pay for reportedly refusing to dry because he was feeling ill. The Department of Labor’s Occupational Health and Safety Administration (OSHA) assessed the punitive damages because the company had a policy that encouraged drivers to drive despite being sick or exhausted. The company disagreed with the assessment, and vowed to appeal it to federal court.

In many of our posts on the trucking industry, we note that semi-trucks are very dangerous because of their size, and that accidents with passenger vehicles can be deadly. Additionally, we highlight how injury victims face long roads of recovery, and how many are not compensated commensurate with their injuries.

However, we tend not to focus on the problems that lead to these accidents; namely excessive speed and fatigue. These elements are important because they factor into the time frames that truckers have to deal with in order to deliver goods by a certain time. These times may not take into account the wait times that truckers may not have any control over, and the delays caused by traffic and weather. 

Because of this, truckers may be forced to work more than what is allowed under federal guidelines, and not receive the proper rest that would keep them sharp while behind the wheel, all the while not getting paid what they deserve.

It is no secret that driving a semi-truck is a dangerous job. With how large these vehicles are, and how many people are hurt in truck accidents each year, drivers must be careful about how they operate their vehicles around big rigs. At the same time, truck drivers must be vigilant as well. There are a number of things they can do to reduce the risk of being in an accident. This post will highlight a few of them. 

Check blind spots before lane changes – Just like drivers must check their blind spots for smaller vehicles (i.e. motorcycles), truck drivers have to use additional care in looking for cars that may be in their “no zones.” A wrong move by a truck driver in these instances can have devastating consequences.

Slow down in work zones – Indeed, most highways and streets call for vehicles to slow down in work zones, but sometimes people just don’t do so. If you need a reminder of how devastating a work zone accident can be, look no further than last year’s truck accident involving comedian Tracy Morgan; who still has not recovered from his injuries.

It has been 10 months since a horrific accident on the New Jersey Turnpike changed several lives forever. Tracy Morgan and several members of his entourage were seriously injured when a semi-truck owned by retail giant Wal-Mart plowed into their limousine van. In addition to the injuries sustained by the parties, the crash killed one of Morgan’s closest friends, fellow comedian James “Jimmy Mack” McNair.

In a prior post we highlighted the settlement Wal-Mart reached with McNair’s family; essentially a $10 million settlement that will be paid in increasing increments to McNair’s surviving children as they grow older. 

Morgan filed a separate lawsuit seeking compensation for his injuries, which included multiple broken bones and a traumatic brain injury. His recovery (how slow it has become) has been well chronicled. On top of that, we have highlighted in prior posts Wal-Mart’s stance on the issue; basically that the company believes that the injuries were a result of Morgan and the other injured parties failing to wear seatbelts.

With a number of states raising speed limits in rural areas, the National Highway Traffic Safety Administration is becoming concerned with the speeds that semi trucks may be travelling. Mark Rosekind, who took over as administrator of the agency in December 2014, believes that the new laws could be a recipe for disaster.

He believes that many tires used on  semi trucks and trailers were not designed to travel at speeds higher than 75 miles per hour. He fears that if such tires are used at these speeds for extended periods of time, a substantial amount of heat could build up and cause them to fail. He believes that tire manufacturers never intended for tires to be driven at such high speeds, and that a blown out tire could lead to a horrific accident. 

The concerns are ostensibly linked to aninvestigation into an accident in rural New Mexico where a truck travelling above the 75 mile-per-hour speed limit blew a tire and rolled onto its side. Fortunately, no one was injured. Investigators blamed the crash on the truck owners (and not the tire manufacturers) because the tires were found to be under-inflated. However, the investigator on the matter noted that it was likely that the speed limit for the region was higher than what the tires were designed to travel.

In a number of our posts, we have highlighted the danger that semi-truck pose to motorists on the road. Since trucks are considerably larger than passenger vehicles, the chances of people in passenger cars being injured is quite high. Meanwhile, truckers are commonly not injured in these crashes.

Because of the high degree of liability, commercial truckers are required to carry at least $750,000 in liability insurance. With the rash of trucking accidents being seen over the last few years, it appears that legislators are poised to raise the minimum insurance requirement to $1 million. This has truckers up in arms. 

According to insurer Prime Property & Casualty Insurance, the change is not necessary given that so few accident claims exceed $1 million. The company reports that of the 87,000 trucking accidents reported between January 2006 and March 2012 only 166 claims eclipsed the million dollar mark.