GOP lawmakers in Washington recently blocked some truck driver fatigue rules, and safety advocates feel that bold move may be just the beginning.
Previously, the Federal Motor Carrier Safety Administration issued rules that require truckers to take at least two consecutive nights off if they work more than 75 hours in any one week, and also requiring that at least part of that rest period be between 1 a.m. and 5 a.m. But Congressional Republicans added a provision to a must-pass spending bill that prevents these rules from going into effect. Furthermore, with the GOP in control of the presidency and both houses of Congress beginning in January, shipping industry lobbyists plan to push legislation allowing large trucks to be longer and heavier than ever before. While some advocates, like Joan Claybrook, feel that shipping companies “don’t care about safety no matter what they say,” both truckers and owners have consistently fought such regulations, saying they are intrusive and may stifle innovation in the area of driverless trucks. [Read more…] about Republicans Eye Trucker Deregulation
Truck Accidents
I-10 Crash Kills Good Samaritan And Seriously Injures Driver
A runaway tractor-trailer killed a bystander as he tried to help a stranded motorist re-attach a U-Haul trailer to her vehicle.
According to Louisiana State Police, the large truck wreck occurred on westbound Interstate 10 in Henderson. As 26-year-old Tanika Adams, of Jacksonville, Fla., pulled a trailer with her Volkswagen Tiguan, it came loose and blocked the outside lane. Ms. Adams pulled to the shoulder and then tried to pull the stranded trailer out of the traffic lane; a short time thereafter, 25-year-old Vineeth Keesara, of Lafayette, stopped and rendered assistance. A few moments later, an oncoming Perterbilt tractor-trailer slammed into the disabled trailer, instantly killing Mr. Keesara and seriously injuring Ms. Adams. [Read more…] about I-10 Crash Kills Good Samaritan And Seriously Injures Driver
Multi-Milliondollar Verdict In Wrongful Death Case
An Ascension Parish jury ordered the State of Louisiana and a negligent driver to pay a father and mother $4.4 million after a truck accident killed two of their children.
In June 2014, 9-year-old Sarai Lanus, 6-year-old Daylon Lanus, their father David Lanus, and several other people were fishing near the side of Bluff Road in Prairieville, when 47-year-old Shawnette Taylor’s UV left the road, slid down a steep embankment, and slammed into the group of fishers. The Lanus children were pronounced dead at the scene, and their father was seriously injured. In the truck accident lawsuit, the plaintiffs claimed that the road’s defective design contributed to the crash, an allegation which the state Department of Transportation and Development flatly denied. The jury disagreed, dividing fault 60-40 between the state and the tortfeasor (negligent actor). Ms. Taylor had argued that David Lanus was responsible for the deaths and another vehicle got too near the center line, forcing her to leave the road to avoid a collision, but the jury disagreed with those contentions as well. [Read more…] about Multi-Milliondollar Verdict In Wrongful Death Case
What's The Difference Between 'Fault' And 'Liability?'
Two people were seriously injured in a truck wreck in Iberia Parish, and legal responsibility is unclear even though the fault seems clear cut.
According to state troopers, a passenger vehicle carrying three people crossed from the westbound to the eastbound side of Louisiana Highway 14 near the U.S. Highway 90 interchange. The car then hit the front wheels of a sugar cane truck before it careened into the rear wheels, causing the truck to flip over. All three people inside the car were rushed to the hospital with serious injuries; the other driver was not injured in the truck wreck. [Read more…] about What's The Difference Between 'Fault' And 'Liability?'
Fatal Wreck Raises Liability Questions
One young girl is dead, and another one is seriously injured, following a serious truck crash in Assumption Parish that may have been speed-related.
According to the Louisiana State Police, 38-year-old Frannie Landry, of Belle Rose, was hauling trash cans to State Highway 1000 for retrieval; the two girls were riding on the tailgate of her pickup truck. A few minutes after Ms. Landry parked in the westbound lane facing east, 21-year-old Corey Crochet approached the scene in a separate pickup truck. He reacted late and swerved quickly to avoid a head-on collision with the parked vehicle, but he evidently sideswiped it. 15-year-old Sydny Landry and her 12-year-old sister were both thrown from the bed; Sydney Landry was declared dead at the scene and her sister was rushed to a nearby hospital clinging to life.
Investigators have ruled out impairment as a possible cause and they are still looking into the truck crash.
Speed and Breach of Duty
As discussed in a previous post, excessive speed multiplies the force in a track crash. But, there is more. Speed increases both components of braking distance, which includes both reaction distance and stopping distance. The scientific equation, Vf2=Vo2+2ad, is far too complicated for a country lawyer to understand. However, the concept behind braking distance, and its applicability to truck crashes, is easy for me and jurors to comprehend.
The faster an object travels, the longer it takes to slow or stop safely. At the same time, as speed increases, reaction distance increases as well. That is the amount of ground that the vehicle covers in the half-second or so it takes a driver to see a hazard, mentally react to the hazard, and move his or her foot from the accelerator to the brake pedal. At 50mph, reaction distance is about three car lengths and stopping distance is about ten car lengths. At 70mph, these distances increase to four and twenty car lengths.
So, speeding truck drivers are unable to avoid crashes. Alternatively, as illustrated by the above story, they are only able to partially avoid these collisions. Either way, damages in these cases typically involve compensation for both economic damages, like lost wages, and noneconomic damages, like loss of enjoyment in life. Additional punitive damages are also available, in some truck crash cases.
Just a little extra speed transforms normally careful drivers into negligent drivers. For a free consultation with an assertive personal injury lawyer in Lake Charles, contact Lee Hoffoss Injury Lawyers. Home and hospital visits are available.
Landmark Fatigued Driving Report
Nationwide, drowsy driving may cause as many as one in five car crash fatalities, according to a recent report.
The Governors Highway Safety Association says that an estimated 83.6 million Americans get behind the wheel every day, even though they are dangerously fatigued. Industry experts, insurance company experts, and other professionals all collaborated on the 73-page study. In addition to the side-effects of drowsy driving, which include inattention, slow reaction time, and reduced decision-making ability, the report examined best practices for dealing with the problem, like the protocols that exist in Utah, Texas, and New York. Study authors were especially critical of commercial truck driver rules. Although the federal government has established limits for weekly hours of service, “repeated efforts to modify HOS regulations have resulted in the suspension of some provisions.” Additionally, the rules may be too generic to be effective, the report added. [Read more…] about Landmark Fatigued Driving Report