Tennessee Injury Attorney Blog

Trucks, due to their large size and their unique characteristics, are especially dangerous vehicles when involved in collisions with passenger vehicles. A passenger car is significantly outweighed by a truck, and when a truck and a passenger car get into a crash, a lot can go wrong. One of the biggest dangers, however, is something called an underride accident.

Our Knoxville truck accident attorneys know that an underride crash happens when a car actually slides right underneath a truck. This can cause devastating injuries due to the extensive damage done to the car.

Semitrailers are typically designed with the aim of preventing these types of crashes as a primary concern. But unfortunately there are some design flaws and areas where the design is lacking. A recent report from the Insurance Institute for Highway Safety (IIHS) highlights the potential problems that may occur in certain types of crashes involving large trucks.

Crash Test Reveals an Underside Accident Risk

According to the IIHS news release, a new type of crash test was conducted, which involved a car crashing into the back of a very large truck. The test was unique, however, because the car crashed only into a small portion of the rear of the truck.

When the car hit only a small portion of the side rear of the truck, there was a greater chance of the car getting trapped under the truck in an underride accident. As the IIHS points out, this means that the majority of trailers failed in preventing a potentially fatal underride accident.

When an underride accident occurs and the front of the passenger vehicle ends up underneath the bottom of the truck, the top of the occupant compartment is usually crushed or sheared away. Air bags, seatbelts and other safety devices in cars are virtually ineffective in this situation, and head and neck injuries are very common among those in the accident.

Crash Test Shows Underride Crashes a Serious Risk

Because underride crashes are so dangerous, trucks are designed to prevent this scenario from occurring. In fact, trucks are generally required to have steel bars called underride guards that hang from the rear of the trailer, with the aim of preventing a car from slipping underneath the truck.

Unfortunately, these underride guards may not be providing adequate protection. As IIHS points out, earlier studies indicated that the requirements for underride guards in the U.S. were inadequate both in terms of the dimensions and in terms of the minimum strength of the bars.

IIHS petitioned the National Highway Traffic Safety Institute (NHTSA) to make changes to the standards in 2011 to address these serious issues. IISH also asked NHTSA to apply standards regarding underride bars to certain other types of trucks that were not currently required to have them, such as dump trucks.

NHTSA has not responded to these requests or made any changes. However, Canada has tougher standards on underride bars and has since 2007, so many truck manufacturers have bars that exceed NHTSA standards even when the trucks are sold in the U.S.

The new crash tests, however, indicate that even trucks with better underride bars have vulnerabilities when a passenger car hits a truck from the side rear. Drivers of passenger cars need to be aware of the very serious risk of underride accidents that can exist when an accident of this type occurs.

Continue reading "Tennessee Tractor-Trailer Accidents & Increased Risk of Underride" »

It's been almost a year since a trucker from Florida fell asleep at the wheel of his rig in West Knoxville, slamming into a police cruiser that then burst into flames, critically injuring the sergeant inside.

Now, our Knoxville truck accident lawyers understand that truck driver has been indicted by a grand jury on criminal charges of aggravated assault, reckless driving, reckless endangerment and failure to drive within a single lane of traffic.

The 57-year-old truck driver admitted to emergency responders that he had been so tired just before the wreck, he had been splashing his face with cold water to stay awake. He had been hired by the Orlando-based trucking agency just two weeks before.

Alcohol is not believed to have been a factor in the crash.

Immediately after the wreck, the truck driver ran to the aid of the officer, helping to pull him from the cruiser, with the help of paramedics who happened upon the scene on their way back from transporting a different patient to the hospital. Paramedics also suffered burns as a result.

The trooper inside the burning vehicle, meanwhile, nearly died. He had his emergency lights flashing and was parked on the shoulder of the highway when the crash happened. Although it was touch-and-go for some time, he was later transferred to a rehabilitation facility, where he underwent months and months of intensive physical therapy. He has since returned home, but he has not been able to go back to work.

The truck driver is reportedly working to negotiate some sort of plea deal, though the details of what that might look like aren't yet clear. The driver is said to be devastated by the crash and wracked with guilt over the injuries suffered by the trooper.

No doubt, most people who are involved in fatal or near-fatal accidents don't set out that day to do so. But truckers who fail to adhere to hours of service restrictions or continue to drive when it's obvious even to them that they are too tired to do so must be held accountable. In cases where the company's scheduling prohibits adherence to federal hours of service operations, they too need to be held accountable.

According to the the AAA Foundation, it's not just truck drivers, either. While nearly all drivers surveyed in 2012 reported that driving drowsy was a risk to their safety and was unacceptable, almost a third admitted to being so tired behind the wheel within the last month that they could barely keep their eyes open.

It's estimated that about 17 percent of all fatal crashes involve drivers who were sleepy.

Every single driver has a responsibility to ensure he or she is alert and oriented to the road ahead. If you need to pull over and take a nap, do so. Here are some key warning signs that you need to stop driving:

• Your eyelids are getting heavy or you have difficulty keeping your eyes open and focused;


• You are having trouble keeping your head up;


• You find yourself rubbing your eyes or yawning;


• You are missing traffic signs or signals or driving past your exit;


• You can't remember the last few miles you drove;


• You have drifted from your lane or hit the rumble strips.

Continue reading "Knoxville Truck Accident Nearly Killed Trooper Now Results in Charges" »

Our Knoxville truck accident lawyers know that speed kills.

That fact is especially compounded when the vehicle that's moving too fast is a tractor-trailer truck and is overweight.

This is why we are in firm support of regulations proposed by the U.S. Department of Transportation that would require all heavy commercial vehicles to set their top speed at 65 miles per hour. It's not a formal rule yet, but the department administration has indicated it intends to push such regulation hard in 2013.

That push is further fueled by recent reports like the one out of Atlanta, indicating there are a number of companies that, despite racking up dozens of tickets for overweight vehicles, continue to put overweight vehicles on the road - right beside you and your family. A recent Florida report found an estimated 30 percent of tractor-trailers and dump trucks are running overweight -- that's about 1 in 3! Fines for a first offense are often small and tight budgets have enforcement officers in short supply. Meanwhile, about 1 in 8 fatal collisions involves a large truck.

It's cheaper and there is more money to be made -- even if they got caught and are forced to pay the fine.

This is particularly troubling when you consider that in 2010, more than 3,600 people died and another 80,000 were seriously injured in crashes that involved a large truck. These trucks are defined as having a gross vehicle weight rating of 10,000 pounds or more.

Here in this country, there were more than a quarter million of these vehicles involved in traffic crashes in 2010. That represented a nearly 10 percent increase from the previous year.

It's unsurprising that the majority of those hurt in these crashes are those in the other vehicles. In fact, these accounted for approximately three-quarters of the injuries and deaths.

Large trucks account for less than 5 percent of all vehicle miles traveled in this country. But when they are involved in crashes, they have a higher likelihood of fatalities, due to their size. They account for approximately 8 percent of all vehicles involved in fatal crashes. Being overburdened with weight and then speed - makes for a deadly combination.

In Tennessee, large trucks account for approximately 6.5 percent of the roughly 1,400 fatal crashes we see each year. Very few of these incidents involved truckers who had been drinking (about 2 percent). However, about a quarter of all truckers involved in fatal crashes did have at least one prior speeding conviction. That's a higher rate than passenger car drivers, whose rate is about 18 percent.

All of this contributes to the transportation department's recommendation to require trucks to lower their top speeds. Setting these limits won't prevent every trucking accident, but it may go a long way in holding both the drivers and their employers accountable.

Continue reading "Tennessee Tractor-Tractor Trailers Running Too Fast and Too Heavy" »

Congress recently passed a host of improvements aimed at reducing the risk of fatal tractor-trailer accidents in Tennessee and elsewhere. But much work remains to be done.

The $105 billion 2013-2014 transportation bill (MAP-21: Moving Ahead for Progress in the 21st Century Act), was signed by President Obama in July and is the first long-term highway authorization act passed since 2005.

Among the biggest improvements: The creation of a database for drug test results and the electronic logging of drive time. "These rules, along with the new drug and alcohol database, will go a long way towards reducing truck/car fatalities in America," said Steve Owings, who founded RoadSafe America with his wife after their son was killed in an accident involving a commercial semi.

Trucking accident lawyers understand there are many other improvements that could be made to reduce the risks for millions of motorists who share the road with trucks.

Better Drug Testing: Even once a drug-testing database is up and running, a Congressional report indicates these federal tests are easily beat. Testing of hair (instead of urine) would drastically increase accountability. The other serious concern is medical exemptions for narcotic pain medication. There are safety concerns about allowing truckers to drive while using narcotic painkillers -- even with a note from their doctor.

Collision Avoidance and Adaptive Cruise Control: Proven technologies, including speed-limiters, should be adapted to help improve safety.

Liability: Shippers and receivers must be held more accountable. The owner of freight has an obligation to ensure its safe transport. Entities hiring truckers to transport goods must be encouraged to put safety ahead of the cheapest transport option.

Trucker Health: The new law will establish a database of certified medical examiners. These doctors will be recognized by the USDOT as qualified to give annual trucker physicals. Under the current system, many drivers allegedly are paying unethical practitioners for the medical results they need to continue driving. However, there are a number of other serious health concerns -- including sleep apnea -- that need to be addressed by federal safety officials.

The Federal Motor Carrier Safety Administration was formed in 2000 with a primary mission of preventing commercial motor-vehicle related fatalities and injuries and continues to take steps to improve safety. This month, it announced that it was expanding its Pre-Employment Screening Program. While the system allows potential employers to access a driver's immediate past history of accidents and inspections, it requires the driver's written permission.

The system also cannot be used to check the status of current employees -- only drivers under consideration for hire. Moving forward, regardless of who wins the election in November, there must be a renewed focus on the effort to pass some of these common-sense approaches meant to reduce the risk of Tennessee trucking accidents and serious and fatal commercial driving accidents nationwide.

Continue reading "Tennessee Trucking Accidents & the Effort to Reduce Your Risks" »

When you are involved in a Tennessee trucking accident it is important to have an experienced personal injury attorney to guide you in the settlement and trial process. A veteran Knoxville injury attorney can help you identify the parties that are at fault or those who are acting negligently. And most importantly can help you deal with insurance companies focused on limiting your claim and protecting their bottom line.

Rhodes v. AIG is a case that illustrates the deceptive practices of insurance companies. The issue addressed here is how to manage damages where the defendant insurance company is engaged in willful and knowing unfair settlement practices.

Rhodes was the driver of a passenger vehicle when the defendant Carl Zalewski, who was negligently driving an eighteen wheel truck, hit plaintiff in the rear of her car. While Zalewski was driving this truck, he was acting within his job duties as a driver for Driver Logistic Services (DLS). DLS had their primary insurance with Zurich and their excess policy with National Union Fire Insurance Company ("National Union"). Their coverage was $2 million and $50 million respectively.

Excess insurance coverage is used by large companies to shield themselves from the risks and liabilities of these highly dangerous accidents involving trucks.

Upon the impact to the plaintiff's vehicle, Rhodes suffered a fractured spine leading her to become paraplegic. Plaintiff spent several months in the hospital after spinal fusion surgery. She also suffered from several other health issues because of this injury to her spine.

Through this case it is seen how tragic the injuries can be in trucking accident cases. This plaintiff, who was not at fault, will spend the rest of her life in a wheelchair. Also, her family suffered and will continue to suffer greatly because of the injuries Rhodes sustained.

The court in this case was charged with interpreting their state statute in determining how to establish a punitive damages award in the instance where one party fails to promptly, fairly and equitably negotiate settlement with the plaintiff. The Georgia Statute does not require insurance companies to settle with plaintiffs, but what is required is that the insurance companies act promptly and reasonably when the negotiations are taking place.

In order to find the defendant's guilty of this, the court said that the plaintiff had to prove that the breaching party willfully and knowingly participated in these unfair settlement practices. Plaintiff alleges that both of the insurance companies involved were participating in this behavior, which was therefore a violation of the statute at issue.

Five months after the plaintiff filed a lawsuit against the two insurance companies, plaintiff settled with National Union, the excess insurance carrier, through their claims administrators at AIG.

Although the plaintiff settled with one of the parties, the case continued to the superior court where the court heard the case. They found that the primary insurance company did not violate the statute because it did not infringe on the integrity of the settlement process. The court went on to explain that the issue of whether National Union or their claim administrators at AIG violated the statute was irrelevant because even if the plaintiff proved that those parties were engaging in this behavior, she would be barred from collecting damages from them two times.

What the court did explain was that the state statute that is controlling in deciding punitive damages associated with unfair settlement practices, awards damages where the plaintiff is able to prove that there is a link between their injuries and the unfair practices she is contending. If the plaintiff is able to prove this, the court held that the statute indicates the plaintiff's award for punitive damages is two times the award plaintiff received in the original suit.

The application of the law to the facts in this case would have led the plaintiff to receive an exorbitant amount of money. Although the court was very sympathetic to plaintiff's injuries, they do contend that they do not necessarily agree with doubling the original damages award as punishment for unfair settlement practices.

Rhodes is a case that warns the legislatures to make sure that the statutes that are used in determining damages, provide for an equitable award.

Had the attorney in this case warned her client not to settle, the client would have received an additional $22 million dollars.

You need the right attorney to help you navigate through all the law to get you the award you are entitled to.

Continue reading "Tennessee Trucking Accident Watch: Unfair Insurance Company Settlement Practices in Rhodes v. AIG " »

Trucking accidents in Knoxville and across the country are part of the reason more teenagers are losing their lives behind the wheel.

A new report released by the Governors Highway Safety Association indicates that for the first time in 8 years, teen driver deaths overall were increasing. For the first six months of last year compared to the first six months of 2010, there was an 11 percent increase in the number of teen drivers killed nationwide. That includes statistics analyzed from all 50 states, as well as Washington D.C.

While our Knoxville trucking accident attorneys understand the report doesn't specifically break down how many of those were due to accidents involving big rigs, based on previous research, it is safe to say crashes with large trucks were at least partially to blame.

In fact, the National Highway Safety Association reported that between 1975 and 2005, more than 7 percent of all those killed in large trucking accidents were aged 17 and under. Drivers aged 18 to 25 accounted for 17 percent of all trucking accident fatalities - a larger portion than any other age group.

The new report from the governor's association found that in a state-by-state examination of teen fatalities, driver fatalities for 16-year-olds increased by 16 percent, while driver fatalities for 17-year-olds is up by 17 percent. Overall, 19 states (including Tennessee) reported some decrease in fatalities, while 23 states reported a marked increase. Some states, including Florida, North Carolina and Texas, reported a skyrocketing increase.

Researchers pointed to the fact that the benefits of graduated driver's license programs, such as the one implemented in Tennessee in 2001, are beginning to level off.

While many fatal trucking accidents in Knoxville involve truck driver error (most commonly, failure to maintain proper lanes, speeding or distracted driving), it pays for teens to be educated in how to maneuver around these large vehicles.

The fact is that when a passenger vehicle is involved in a wreck with a big rig, there is an increased chance that the injuries will be more severe or result in death.

This underscores how critical it is for parents to have some discussion with their teen about how to drive safely around large trucks, as they don't operate under the same laws of physics as passenger vehicles.

The Geico Educational Foundation, an arm of the car insurance company, recently released an easy-to-read brochure that breaks down some of the ways teens can be sure to avoid a Knoxville trucking accident.

The brochure first goes over the basics of any safe driver: Don't speed, drive aggressively or allow yourself to be distracted by your friends or cell phone.

Secondly, it urges teens to avoid the trucker's blind spots. These cover pretty wide swaths of roadway around the truck, but the best rule to follow is to make sure you can see the trucker's mirrors. If you can't, the trucker can't see you.

Thirdly, if you plan to pass a large truck, make sure you can see the front of the rig in your rear view. Don't ever flash your brights at a trucker to signal that you plan to change lanes. This can be very confusing, as it sometimes signals a police cruiser is up ahead. Either way, simply use your turn signal.

Finally, don't stop suddenly in front of a trucker or swerve abruptly in front of him or her. Truck drivers aren't able to slow or stop as quickly as someone in an SUV or passenger car. It's better to give yourself plenty of space so this won't be an issue.

Continue reading "Knoxville Trucking Accidents Partially Blamed in Rising Teen Deaths" »

Drivers across the country would no longer be legally able to talk, text or surf the web on a cell phone if the National Transportation Safety Board (NTSB) gets its way, according to KnoxNews. The Board made a recommendation this month to get local, state and federal officials to prohibit the use of portable electronic devices for all drivers.

The recommendation comes after a recent meeting in which federal officials discussed the dangers of drivers' bad habits. The meeting covered the catastrophic traffic accident that happened in 2010 in Gray Summit, Missouri, in which a distracted driver allegedly killed two people and injured dozens more. In Missouri, drivers under the age of 21 are prohibited from texting while driving, according to the Governors Highway Safety Association (GHSA). All other drivers are free to do as they wish behind the wheel. That's the problem with current laws. Most states prohibit drivers from texting, but not from talking on a cell phone. It's difficult for officials to determine if a driver is using a phone to call someone or typing a text message. A federal ban on all devices would help officials to bust drivers, and could help reduce the risks of distraction-related car accidents in Knoxville and elsewhere.

Our Knoxville car accident attorneys understand that NTSB doesn't have the authority to enact such a law, but its recommendations typically have a significant influence on laws that are passed by state, local and federal lawmakers. If this proposal were to become law, there would be a few exceptions. For instance, devices used to aid driver safety would be permitted, as well as during emergency situations.

"States aren't ready to support a total ban yet, but this may start the discussion," said Jonathan Adkins, a spokesman for the GHSA.

Currently, there are 35 states that do not allow drivers to text at the wheel. Another nine states don't allow drivers to talk on a cell phone while driving. In these states, enforcement of these laws has not appeared to be a top priority.

"Needless lives are lost on our highways, and for what? Convenience? Death isn't convenient," said Deborah Hersman with the NTSB. "So we can stay more connected? A fatal accident severs that connection."

According to the National Safety Council (NSC), more than a million traffic accidents are caused by drivers who are distracted by cell phones every year. These accidents account for more than 20 percent of all recorded accidents.

Because of these alarming statistics, the NSC says it completely backs the NTSB and its decision to push for a nationwide ban on all electronic devices for drivers.

"This recommendation by NTSB is a national call to action to end distracted driving due to cell phone use. This is a growing public safety threat that needs to be addressed by legislators, employers and every person who operates a motor vehicle on our nation's roadways," said Janet Froetscher with the NSC.

Continue reading "NTSB Pushes for Nationwide Ban on Cell Phone Use to Help Curb Car Accidents in Knoxville, Nation" »

The southbound lanes of Interstate 71 near mile-marker 16 at the Hamilton-Bradley county line finally reopened after being closed most of Thursday morning because of a fatal trucking accident in Tennessee.

According to the Tennessee Highway Patrol, a pickup truck ran head-on into a tractor-trailer around 4:00 am. The driver of the pickup truck was ejected from the vehicle and was pronounced dead at the scene while the driver of the big rig suffered no injuries, according to NBC 3.

Our Knoxville trucking accident attorneys understand that this accident contributed to the sixth traffic-accident fatality in Bradley County in the last five weeks. County officials continue to investigate all of the accidents. Most of the people who were killed in the recent accidents were under the age of 30. The Bradley County Sheriff's Office, Bradley County Fire Rescue and Bradley County Emergency Medical Service all assisted with the most recent accident.

It's no surprise that accidents with semis oftentimes produce fatal results. Their large size and tremendous weight overpowers every vehicle on our roadways. Along with their size come large blind spots. It is in these large blind spots that many motorists get lost and forgotten. When a tractor-trailer driver is unable to see a passenger vehicle, the result is oftentimes catastrophic.

Another common problem that leads to fatal accidents that involve semis and tractor-trailers is when they attempt to negotiate a right-hand turn. When a truck does this, the driver of the big rig is required to swing the truck far to the left just in order to make the right-hand turn. This wide swing can leave a smaller vehicle in a tight squeeze between the truck and a curb.

Semis and tractor-trailers also need a greater stopping distance than smaller passenger-vehicles. It is not uncommon for a large truck to rear-end a passenger vehicle simply because of a lack of stopping distance. All of these scenarios can quickly turn deadly.

According to 2007 national truck accident records:

-More than 4,584 trucks involved in fatal accidents.

-More than 4,800 deaths resulted from accidents that involved a semi.

-Nearly 140,000 commercial trucks were involved in non-fatal accidents.

-Nearly 57,000 semis were involved in injury collisions.

-More than 3,900 injuries resulted in accidents involving commercial trucks.

-Approximately 83,100 trucks were involved in tow away accidents.

-There were nearly 2,250 large trucks involved in Hazmat placard accidents.

"We want the drivers of big rigs and buses and those who share the roads with them to be safe," said U.S. Transportation Secretary Ray LaHood.

Motorists who are involved in traffic accidents with tractor-trailers and are severely injured can unfortunately expect to look forward to overwhelming medical bills, lost time from work, pain and suffering. Contacting an experienced lawyer can help you to determine fault in the accident and help you take on the driver and quite possibly the trucking company to get you the compensation you deserve.

Continue reading "Early Morning Tennessee Trucking Accident Shuts Down I-75" »

A trucking accident in Tennessee in Blount County, on "The Dragon," turned deadly earlier this week. The fatal accident happened on Highway 129, near the North Carolina state line, according to WBIR 10.

The accident happened when the tractor-trailer, traveling near mile marker 5, crossed over the center line while taking a curve, according to the Tennessee Highway Patrol. The motorcycle and the driver slid under the truck and were run over by its wheels. Officials took the rider to Blount Memorial. Officials say that the motorcyclist was alive and talking at the scene of the accident, but he later died on his way to the hospital. Charges for the incident are pending.

Our Knoxville trucking accident attorneys often emphasize the dangers of traffic accidents that involve a tractor-trailer. Occupants of smaller vehicles are more likely to sustain serious injuries, if not death, during an accident with a big rig. But add a motorcycle in the mix and there's bound to be catastrophic results. Motorists are urged to use extra caution around these large vehicles to help prevent a serious accident.

According to the National Highway Traffic Safety Administration (NHTSA), there were roughly 380,000 large trucks involved in traffic accidents in the United States in 2008. A large truck is defined as a vehicle having a gross vehicle weight rating of 10,000 pounds or more. More than 4,000 trucks were involved in deadly accidents during that same year. A total of 4,229 people were killed in these accidents, accounting for more than 10 percent of all of the traffic fatalities reported in 2008. Another 90,000 were injured in these accidents. In 2008, Tennessee witnessed nearly 100 fatal trucking accidents.

Also in 2008, the United States witnessed nearly 5,500 motorcyclist deaths. This is a number that illustrates a 2 percent increase from the previous year. They accounted for 14 percent of the total number of traffic fatalities for that year. In 2008, 14 percent of fatal motorcycle accidents involved light trucks. Another 4 percent of fatal motorcycle accidents involved a heavy truck. That same year counted for the 11th consecutive year that there has been an increase in motorcycle accident deaths.

The NHTSA offers these safety tips to help keep motorcyclists safe when traveling among large trucks:

-Do not tailgate.

-Don't linger in front of a large truck.

-Avoid riding between lanes of slow moving or stopped traffic.

-Know and obey traffic all laws, including specific ordinances in your community.

-Use signals when appropriate.

-Remember to always drive defensively.

-Check your rear view mirrors before changing lanes or stopping. Making a quick stop without checking the traffic behind you can result in a rear-end crash.

-Make sure you can always see the eyes of a truck driver. If you can't see them, they're unable to see you.

-Don't travel next to a truck. Play it safe and pass when needed. Don't linger.

-Don't pass a truck taking a turn. They typically swing wide turns.

Continue reading "Motorcyclist Run Over and Killed in Tennessee Trucking Accident" »

The Federal Motor Carrier Safety Administration (FMCSA) might be taking jurisdiction over shippers, receivers and brokers who 'unduly detain' drivers if the Motor Carrier Safety Advisory Committee (MCSAC) gets its way. Recently, FMCSA Administrator Anne Ferro received a letter from David Parker, chairman of the MCSAC, that said that the agency should seek legal authority to be able to take action against and reprimand entities other than motor carriers or drivers that cause or contribute to FMCSA safety violations.

This includes regulating the amount of time that a driver can be detained during the loading and unloading of trailers.

Parker also said in his letter that while the FMCSA has authority over drivers and carriers, they need to have more authority over shippers who play an important role in highway safety and significantly contribute to drowsy drivers. He recommends that the FMCSA looks into putting a cap on the amount of time that a shipper can detain a driver in an attempt to reduce the risks trucking accidents in Tennessee and elsewhere throughout the state.

Our Tennessee trucking accident attorneys would also like to point a specific section of that letter than mentions HR 756, a bill sponsored by Rep. Peter DeFazio, D-Ore., which would essentially cut down on the number of hours a shipper can detain a driver. Previously, trucking rules pertained to the number of hours a driver could spend behind the wheel. Now concerns are spreading around to all contributors to fatigued driving, especially detained drivers.

The bill is currently in the House subcommittee on Highways and Transit, according to Truckinginfo.com.

The issue was brought to light after a study, conducted by the Government Accountability Office (GAO), concluded that 65 percent of the 300 surveyed drivers reported detention in a one-month period. Of those that reported detention, approximately 80 percent said that they had difficulty complying with hours of service.

According to FMCSA, undue detention costs the industry approximately $3 billion each year. The MCSAC recommend that the FMCSA conduct some of their own studies into the dangerous issue to supplement the GAO research.

Parker also suggested that FMCSA create a complaint line drivers can use when they're being unduly detained. This way they could seek action against detaining parties that place drivers in violation of HOS rules. He also recommends that they develop a 'Truck Driver's Bill of Rights.' He says that the bill of rights should include detention compensation for drivers, like roadside amenities and access to showers and food.

Todd Spencer, executive vice president of the Owner-Operator Independent Driver's Association says that driver detention is the number one productivity and efficiency problem in trucking. The Association says that drivers continue to spend far too many hours each week on loading docks and something needs to be done.

Continue reading "FMCSA to Take Jurisdiction over Shippers to Reduce Drowsy Driving Trucking Accidents in Tennessee and Elsewhere" »

This past weekend, a Brownsville man was killed in a trucking accident in Tennessee. The man was pulled over on the side of the road near Interstate 40 near mile marker 66 and was standing outside of his vehicle when he was struck by a passing tractor-trailer, according to the Jackson Sun.

Tennessee Highway Patrol reports that the man was standing outside of his parked car in the right side emergency lane on the interstate with his flashers on when the accident happened. The driver of the tractor-trailer, which was headed eastbound, was traveling in the right lane when he struck the disabled vehicle and the vehicle's owner. The man standing on the side of the road was killed in the collision. Neither of the tractor-trailer's occupants were injured in the accident.

The frequency of these types of accidents is appalling. Our Tennessee trucking accident attorneys would like to warn all motorists about the dangers accompanying a disabled vehicle. You may think you're safe once you've exited the lane of traffic and you're pulled over on the side of the road, but you'd be wrong. This is actually a common scenario for fatal highway accidents.

Charges are pending on a driver that was involved in another incident that happened the same way. One person was killed in this accident and another was severely injured.

This accident happened as three people were walking along the side of the road after their vehicle ran out of gas on Interstate 40 near the Pellissippi Parkway, according to NBC 10. As the three were walking, a truck ran onto the shoulder of the road and struck two of the three walkers.

One of the victims died at the scene, one was taken to Parkwest Hospital for treatment and the third was not hit or injured. The driver of that truck is facing charges because he left the scene of the accident. He was later located and picked up a short time after on Walker Springs Road.

What to do if you're vehicle becomes disabled:

-Always keep a cell phone with you so that you can contact the correct authorities right away if your car becomes disabled.

-Pull on the shoulder as far as you can.

-Don't let your passengers wander near cars on the roadway.

-To warn other motorists turn on your hazard lights.

-Do not stand near your vehicle next to the traffic. Always keep to the opposite side.

-In most cases it is best policy to keep everyone in the vehicle and wearing seat belts.

-Tying a white cloth or t-shirt to your driver side door handle can help alert other drivers.

-Prepare a road safety kit to keep in your car at all times. The kit should include a torch, a reflective triangle, road safety signs, a traffic cone, a cell phone, jumper cables, a tow rope, a portable air compressor, a raincoat and a first aid kit.

Continue reading "Stranded Motorist Killed by Tractor-Trailer in Tennessee Trucking Accident" »

Federal authorities have begun a compliance review of the Tennessee trucking company that employed a trucker blamed in a fiery crash that claimed three lives, the News & Observer reported. The driver faces charges of driving while impaired and felony death by vehicle. The Greeneville trucking company that employed him has 10 tractor-trailers and employs 10 drivers.

The Federal Motor Carrier Safety Administration has announced that more unsafe bus and trucking companies have been placed out of service in the last 24 months than in the previous 10 years combined.

Knoxville trucking accident attorneys understand the risk posed by unsafe trucks and buses. The National Highway Traffic Safety Administration reports 380,000 accidents involving large trucks claimed more than 4,000 lives in 2008 and injured 90,000 motorists. Tennessee trucking accidents claimed 92 lives that year.

The government is patting itself on the back for enforcement efforts but the truth of the matter is that the feds have been slow to require basic safety improvements, such as on-board data recorders and speed limiters, and even expanded the hours a trucker is permitted to remain behind the wheel. The issue is among the most critical facing motorists because about three-quarters of accident victims in accidents with large trucks are occupants of the other vehicle or non-occupants, such as bicyclists or pedestrians.

"From Day One, I have pledged to put public safety above all else, and we will continue to take action when we see carriers placing passengers at risk," said U.S Transportation Secretary Ray LaHood. "We have seen the tragic consequences of unsafe practices - whether it's ignoring fatigue regulations, providing inadequate driver training, or failing to conduct the proper maintenance of a bus or motorcoach. We continue using all of the tools at our disposal to get unsafe carriers off the road and hope that Congress will act on our proposal to provide us with the necessary authority to expand our safety oversight."

The eight out-of-service orders issued in the past four months includes one to a Tennessee based truck driver. Others went to bus companies in Georgia, Pennsylvania, Michigan, Mississippi and North Carolina.

"I'm proud of FMCSA's efforts to crack down and take action on unsafe interstate bus and trucking companies," said FMCSA Administrator Anne S. Ferro. "Our safety investigators, inspectors and state partners will continue demanding that motor carriers and their drivers adhere to safety requirements. While most of the industry operates safely, I also look forward to working with Congress to add new tools to prevent unsafe companies and drivers from operating."

Under the Obama Administration, roadside inspections of bus companies have nearly doubled, from 12,991 in 2005 to 25,703 last year. In May, the administration conducted 3,000 surprise inspections and took 442 unsafe buses and drivers off the road. That blitz came in the wake of a New York City bus accident that claimed 14 lives.

The Department of Transportation is also asking Congress to increase the penalty for illegal operation from $2,000 a day to $25,000 per violation.

Continue reading "Feds Tout Enforcement in Reduction of Tennessee Trucking Accidents" »

A Tennessee trucking accident left a tractor-trailer on its side on Highway 25-E just south of Springdale BP, according to the Claiborne Progress. The accident happened when the load shifted as the truck was heading around a curve and caused it to topple over on its side. The accident took out about 200 feet of guardrail and left debris scattered across the road.

The Springdale Volunteer Fire Department, Claiborne County Sheriff's Office, Tennessee Highway Patrol and Claiborne County EMS responded to the trucking accident. Authorities remained on scene for several hours. The tractor-trailer had to be towed off scene and debris cleared from the roadways. The driver only received minor injuries.

Our Tennessee trucking accident attorneys understand that the number of traffic accidents typically increases through the summer months. Thankfully, no one was seriously injured in this accident, but as travel on our roadway drastically increases, so will the number of serious trucking accidents. A motorist's most dangerous time to be traveling on our roadway may be when they're driving alongside large trucks. It doesn't matter if you're driving a car, truck, SUV, RV, riding your bike or walking, you are more likely to suffer severe injury if you are involved in a traffic accident with a tractor-trailer in Tennessee. During these types of accidents, occupants of a passenger vehicle sustain nearly 80 percent of fatalities.

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration is all about keeping you safe this summer! Through their Share the Road Safely program, the Administration aims to increase the knowledge of drivers to help reduce their risks of being involved in a car or trucking accident in Tennessee.

Sharing the road with these large vehicles can be dangerous. Here are a few tips to help you to drive safer:

-Don't cut them off. Trucks and buses typically take much longer to stop in comparison to cars. If you do pass a large truck, look for the front of the truck in your rear-view mirror before you pull in front of the truck.

-Always wear your seat belt. Seat belts have been proven to protect vehicle occupants in the event of an accident, especially in accidents with large trucks. A seat belt will keep you from hitting the steering wheel or windshield, being thrown around and from being ejected from the car upon impact.

-Stay out of blind spots! Large trucks have large blind spots. These are zones that surround the vehicle in which the driver cannot see you, or your vehicle. If you can't see the driver in the truck's mirror, the truck driver can't see you.

-Keep your eyes, and your mind, on the road. Refrain from engaging in distracting driving habits. A split second can mean the difference between a safe car trip and a deadly accident.

-Don't squeeze in. Be careful of trucks making they're right turns. Trucks needs to take wider turns than passenger vehicles. If you try to get in between the truck and the curb when they're making a turn, you'll be caught in a "squeeze" and can suffer a serious accident.

According to the National Highway Traffic Safety Administration, one in nine traffic accident deaths involved a truck in 2008. During that year, 380,000 trucks were involved in traffic accidents on our roadways. These accidents resulted in nearly 4,500 deaths and 90,000 injuries.

Continue reading "Tennessee Trucking Accident Illustrates Summer Dangers" »

A Tennessee truck driver was involved in a fatal accident that killed three motorists last week. He was reported, by Durham State Troopers, to have been under the influence of marijuana and methadone at the time of the accident. Troopers also searched the vehicle and found drugs and drug paraphernalia. The driver is being held on a $500,000 bail and is currently facing charges of driving while impaired and three counts of felony death by vehicle, according to the The Charlotte Observer.

The company that the truck driver worked for, based in East Tennessee, has received a number of violations relating to fatigued drivers and unsafe driving that has resulted in a number of trucking accidents in Tennessee.

Our Tennessee trucking accident attorneys understand that these accidents are not uncommon. As a matter of fact, before this accident, the same truck driver was involved in two serious accidents in 2010. These accidents happened in Kentucky and Tennessee. One involved serious injury.

For reasons like this, the National Highway Traffic Safety Administration (NHTSA) has been looking into accidents that involve truck drivers and the use of drugs. The NHTSA recently released a new report on drug use by drivers involved in some of our county's most fatal crashes. The report illustrates an alarming increase in the level of drug involvement among fatally injured motorists from 2005 to 2009.

According to NHTSA research, more than 60 percent of the 21,798 drivers who were killed in traffic accidents in 2009 were tested for drugs. Of these fatalities, nearly 4,000 tested positive for drugs. The report also concluded that the use of drugs among fatally injured drivers increased 2 percent from 2005 to 2006 and another 2 percent to 2008.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Today's report provides a warning signal that too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

The types of drugs recorded include narcotics, depressants, stimulants, hallucinogens, cannabinoids, phencyclidines (PCPs), anabolic steroids and inhalants. The groups include both illicit drugs, legally prescribed drugs and over-the-counter medicines.

"While it's clear that science and state policies regarding drugs and driving are evolving, one fact is indisputable. If you are taking any drugs that might impair your ability to drive safely, then you need to put common sense and caution to the forefront, and give your keys to someone else. It doesn't matter if its drugs or alcohol, if you're impaired, don't drive," Strickland warned.

The NHTSA will continue to conduct research regarding drug use and truck drivers and their impact on traffic accidents. Currently, there are nearly 1,000 instructors and more than 6,000 trained police officers in 46 states that are able to recognize symptoms of driver impairment by drugs other than alcohol.

In Tennessee alone, nearly 100 drivers that were tested for drugs after a fatal traffic accident returned positive results in 2009. Another 250 drivers were tested that did not have test results recorded.

Continue reading "Drivers Using Drugs Increase in Risks of Tennessee Trucking Accidents - NHTSA Investigates" »

Two people were killed in a trucking accident on Interstate 55 last week. One of those killed was a state transportation worker. The Tennessee trucking accident occurred just before r Mississippi River bridge, according to The Wall Street Journal.

The state transportation employee was a HELP truck driver. The accident happened when the driver was helping a stalled vehicle. As the vehicles were stopped, a tractor trailer hit the disabled vehicle and then struck the Tennessee Department of Transportation truck. In addition to the death of the state employee, the driver of the tractor trailer died.

Our Tennessee trucking accident attorneys would like to urge all motorists to travel safely, especially during the upcoming Fourth of July weekend. You may think that truck drivers are well rested and traveling responsibly this weekend, but the truth is they're traveling under even more dangerous conditions than normal -- many pushing to make it home to their families or pushing to make up for lost time. The Federal Motor Carrier Safety Administration (FMCSA) recently made exemptions to the number of the driving hours for 3,000 commercial truck drivers who are hauling FIREWORKS! They're now allowed to be behind the wheel of their commercials trucks for an even longer amount of time.

"FMCSA announces its decision to grant the application for exemption from the American Pyrotechnics Association (APA) on behalf of 9 member motor carriers seeking relief from FMCSA's hours-of-service (HOS) regulation that prohibits driving of commercial motor vehicles (CMV) after the 14th hour after the driver comes on duty," reads the commercial driver exemption.

This is only a temporary exemption, but takes place during some of the most dangerous days on our roadways. This exemption will allow commercial drivers of firework cargo to exceed the driving hour limit from June 28, 2011 through July 8, 2011. It will also be effective next year from June 28, 2012 to July 8, 2012.

According to the National Highway Traffic Safety Administration, there were nearly 380,000 large trucks involved in traffic accidents in the United States in 2008. A large truck is classified as a vehicle having a gross weight rating of more than 10,000 pounds. Of the 380,000 trucks, nearly 5,000 of them were involved in fatal traffic accidents. Deadly trucking accidents contributed to more than 10 percent of all traffic fatalities in 2008. There were another 90,000 people injured in these accidents. During 2008, there were nearly 100 trucks involved in fatal accidents in our state.

Motoristshave no choice but to share the road with these dangerous and deadly big rigs. Here are some safety tips for passenger-vehicle motorists to help preserve your safety on our roadways.

-Be cautious of wind gusts from trucks.

-Keep both hands on the wheel when you pass a truck or a truck passes you.

-Be sure not to tailgate trucks. This is especially important on hills because when they let off the brake, the truck may roll backwards.

-Beware of their blind spots. If you can't see the driver, the driver can't see you.

-Don't speed up when a truck is passing you. Instead, you should stay to the right and slow down a little bit. Let the truck pass you.

-If a truck driver is signaling to change lanes, give them enough space to do so. An average truck changing lanes, at highway speeds, needs an eight second gap or roughly 700 feet to do so.

Continue reading "Sleepy Drivers Increase Risks for Truck Accidents in Tennessee during the Fourth of July Weekend" »