Scores of 18-Wheeler Drivers Linked To Highway Serial Killings

Truck accident lawyers are very familiar with reckless 18-wheeler drivers who cause serious accidents and injuries as a result of careless driving, but according to the FBI, reckless driving may not be the only way truck drivers are claiming victims.

The FBI calls it an emerging trend: highway serial killers who double as truck drivers. The agency has been aware of the connection between long haul truck drivers and crimes, like murder and rape committed near highways, for years now. Truck Accident LawyerFBI agents stumbled on the connection about five years ago during a case involving a series of murders on highways in several states. Those murders were ultimately traced to an 18-wheeler driver. Soon after, the agency established the "Highway Serial Killing Initiative’’ to monitor suspected truck drivers. The FBI currently has a database of dozens of truckers who have been either charged with or suspected of murder or rape. More than 500 victims, mostly female prostitutes, have been murdered near highways.

There is no information on whether truck driving is a preferred occupation of known serial killers, but the nature of the job and the kind of cover it offers could make trucking the perfect front for a killer. Investigators say there are several reasons a serial killer would choose trucking as his occupation:

  • Truckers are highly mobile and a serial killer could benefit from the anonymity that mobility offers
  • They work without any supervision while on the road
  • They constantly come in contact with potential victims, usually women with a high-risk background

The agency has collected enough evidence linking truckers to serial killings to make this frightening announcement. Bodies of victims have been found dumped by the roadside, along highways, and behind truck stops. The Highway Serial Killing Initiative has come in especially useful for cases involving murders outside local jurisdiction. Several murders, thought to have been committed by truckers, involved bodies being dumped in a location other than where the murder took place.

Truck Driver Screening

You have to wonder how it is so easy for a serial killer to gain employment in a trucking company. None of this, however, is to say that all truckers are suspect, but if there was any incentive for trucking companies to begin screening their drivers more stringently, this would be it. Trucking companies could help save innocent victims by screening potential employees and monitoring current employees more closely.

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free evaluation of your case.

Texas 18-wheeler Driver Charged with DWI after Rollover Accident

A Plano, Texas 18-wheeler driver, who was driving while intoxicated, capped a few miles of erratic driving with a rollover accident; fortunately, no one was injured in the accident.

Taj Black was driving an 18-wheeler loaded with mulch in the southbound lane of US-75 on March 17th. His erratic driving behavior caught the attention of a concerned motorist who reported Black’s dangerous driving to 911. Black was apparently weaving in and out of traffic and speeding. As the motorist informed 911 personnel about the erratic driving, the large truck went out of control and overturned. Truck Accident LawyerBlack was shaken, but escaped without any injuries. The trailer's mulch spilled out onto the overpass, covering most of it. Blood alcohol tests were conducted to determine Black’s intoxication levels at the time of accident; he was charged with driving while intoxicated. 

Truck accident investigations typically include conducting blood alcohol tests on the driver regardless of whether or not any injuries or fatalities resulted. Regarding alcohol use, truck drivers have stricter limitations than drivers of passenger vehicles. While, for the rest of the driving population, the maximum blood alcohol limit is .08, commercial truck drivers cannot have a blood alcohol limit greater than .04. This is because operating a large commercial truck like an 18-wheeler requires a higher degree of alertness and presence of mind than driving a passenger vehicle.

Truck Accident Laws

Trucking companies are required to conduct random alcohol tests on employees throughout the year. When a big rig driver is found to have been intoxicated during an accident, an 18-wheeler accident lawyer can hold the company and the driver responsible for their actions.

If you've been inured in an 18-wheeler accident, contact a truck accident lawyer at Arnold & Itkin LLP to discuss your options for compensation.

New Bill Aims to Reduce 18-Wheeler Accidents

A new bill aims to protect highway travelers from the risk of an 18-wheeler accident by extending existing size and weight restrictions on large trucks to the entire national highway system.

The bill, called the Safe Highways and Infrastructure Preservation Act of 2009, was introduced by Senator Frank R. Lautenberg (D-NJ) and Representative Jim McGovern (D-MA-3). Truck Accident AttorneyIt would prevent both interstate highways and national highways from being used by triple trailers, although exemptions would be made for firefighting units and the like.

Currently, size and weight limitations are enforced on interstate highways and states themselves are at liberty to set limits on state governed roads. Truck size and weight restrictions, for most state roads, are a maximum length of 53 ft and a maximum weight of 80,000 pounds. These limits also apply to Interstate Highway Systems which run across 44,000 miles.  If the bill is passed, the ban on trucks that exceed the size and weight limitation would extend to 160,000 miles of highway.

The bill aims to keep heavier 18-wheelers off the road, thereby making roads safer. There are many challenges involved in navigating an 18-wheeler through traffic"

  • 18-wheelers suffer from poor maneuverability and stability, and are harder to navigate than smaller vehicles.
  • These large trucks require a longer distance to come to a complete stop.
  • They have bigger blind spots that impact the driver’s view of vehicles behind him.

In addition to preventing injuries associated with 18-wheeler accidents, the bill would also contribute to better highway maintenance by reducing the number of heavy trucks using the roads. Union workers and 18-wheeler accident lawyers have voiced their support for the bill as it makes traveling safer for all involved.

18-wheeler Safety

It is difficult to maintain and repair existing roadways due to a shortage of funds, a tremendous strain would be added to our transportation infrastructure if larger 18-wheelers were allowed on our roads. If trucking companies had their way, they would introduce larger vehicles that could carry larger loads; never mind the risks of jack knifing and 18-wheeler rollovers. These large trucks are responsible for close to 2.4 deaths for every 100 million vehicle miles. That is a 50% higher rate than smaller vehicle fatalities. The less 18-wheelers we allow on our highways, the lesser the chance of accidents and safer the general motorist population.

If you've been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP to discuss your options for compensation.

Connecticut 18-Wheeler Safety Mired in Inter-Department Disputes

18-wheeler safety experts and truck accident lawyers in Connecticut are full of ideas about how to check rogue truck drivers and prevent accidents involving big rigs. Unfortunately, these ideas will remain just that until the two agencies that supply truck weigh station personnel resolve their issues.

In Connecticut, weigh station operation activities are shared by the Department of Motor Vehicles (DMV) and state troopers. There exists an old and strong rivalry between the two agencies, and this, experts say, has come in the way of adopting better technology at weigh stations to screen truck drivers more efficiently and accurately. 

18-wheeler Accident LawyerThe Connecticut Department of Scientists and Engineering, a group based in Hartford, conducted a study that recommended technological innovations to streamline weigh station operations, cut down time, and trap more rogue truck drivers. Under the existing system, truck drivers are easily able avoid weigh station inspections. Under the proposed system, however, weigh stations would be located at random points to catch more unsuspecting truck drivers. Technological aids would help troopers conduct an inspection more quickly and would help troopers quickly identify an 18-wheeler in need of a more thorough inspection. The group's report also called for a different approach to 18-wheeler safety – focusing more on ensuring truck safety than inspection duty.

Whether these proposals will be acted upon is a moot point, however. Governor Jodi Rell has proposed pulling state troopers off weigh stations and putting them on highway patrol service. The proposal has been axed for now, but the Governor plans to bring the matter up with Democrats soon. According to state officials, the pull back from weigh stations is part of an overall plan to put more troopers on highway patrol service. The DMV criticizes any such move because it infringes on its jurisdiction. This squabbling could mean that truck accident prevention proposals find themselves on the back burner.

18-wheeler Safety

State agencies responsible for highway maintenance need to focus on keeping unsafe trucks and unfit drivers off the highway. Ensuring the safety of motorists on the road should not become victim to inter-department agency rivalries.

If you've been injured in a Connecticut 18-wheeler accident, contact an 18-wheeler accident attorney at Arnold & Itkin LLP to discuss your options for compensation.

Report Links Medically Unfit 18-Wheeler Drivers with Increased Accident Rates

An investigation conducted by a television station has revealed what 18-wheeler accident lawyers have suspected for years - "tens of thousands" of 18-wheeler drivers continue to drive, despite suffering from serious medical conditions that could impair their driving ability and cause serious accidents.

These medical issues include health conditions you do not want the person at the helm of an 80,000 pound vehicle to have, including:

The investigation, conducted by Scripps television station, found that the problem is not only serious, but rampant. 

Last year, federal investigators reported that more than 560,000 commercial truck operators were receiving full medical and disability benefits.

Also, last year, another investigation found that medical certificates carried by 18-wheeler drivers are notoriously hard to verify. Drivers are required by law to have a copy of their medical certificate to present as proof they have passed a medical exam. However, in nearly one of every three cases, the doctor whose signature is on the certificate is mysteriously non-existent or, when contacted, the doctor often denies having ever examined the driver.

Truck Accident AttorneyIt is very difficult for overworked inspection officers to verify a certificate, which means that possibly thousands of drivers are able to slip through the cracks with phony medical certificates. Fake certificates are ridiculously easy to obtain. All a driver has to do is download a blank certificate from the internet, fill it out, and sign it himself, and voila! He has a medical certificate that confirms he is fit to drive. This kind of falsification is a serious problem, and one that places drivers of smaller vehicles at risk of injury.  

Several 18-wheeler accidents in recent months have been linked to medically impaired drivers. In Ohio, one 18-wheeler driver had almost 27 prescription drugs stashed in his cab during an accident. In 2007, federal officials estimated that approximately 4,000 18-wheeler accidents between 2001 and 2003 were caused by drivers suffering from heart attacks behind the wheel. The number of drivers who dozed off at the wheel during the same period was 5,000. Sleep apnea; a condition traced to frequent waking up during sleep, resulting in fatigue and sleepiness the next day; is a major factor in 18-wheeler drivers falling asleep at the wheel.

Federal Trucking Regulations

Federal authorities have been taking steps to deal with the problem of phony certificates. A national database, that will record copies of truck drivers' medical certificates, is expected to be in operation by 2012. Unfortunately, that is still 3 years away and, until then, highway safety inspectors have few means of verifying whether the truck driver in front of them is medically fit to be driving or not. That means millions of people will continue to be at risk of accidents and injuries as they share the road with big rigs possibly driven by people suffering from serious heath conditions.

If you or a loved one has suffered from injuries sustained in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free evaluation.

Texas 18-Wheeler and Charter Bus Accident Injures Passengers

Passengers of a charter bus suffered injuries when the bus collided with an 18-wheeler in an accident on Interstate 10 near Winnie, Texas.  However, the Texas Department of Transportation (TxDOT) believes that more injuries were avoided due to cable barriers in the median that prevented the vehicles from crossing over into other lanes.

Early in March the charter bus was headed to Boston after a trip to the Coushatta Casino in Louisiana. While traveling down Interstate 10 the tractor trailer clipped the back of the bus. Some of the 48 passengers aboard the bus suffered minor injuries in the crash. Texas Truck AccidentAccording to TxDOT officers at the scene, the presence of cable barriers prevented the bus and the truck from crossing over onto the eastbound lanes of Interstate 10 after the crash. If the two vehicles had indeed crossed over into the eastbound lanes they would have, most likely, collided with other vehicles, increasing the number of and severity of injuries.

The cable barriers were so effective in minimizing the number of injuries in this crash that TxDOT officers are looking into expanding cable barrier use across southeast Texas. The Department may expand the cable system for another 18 miles, from Winnie to Beaumont. Officers are looking at installing cable barriers at other high risk areas, like the stretch near the Goodyear plant, which has seen a number of serious accidents, many of them involving 18-wheelers. The cable system from Winnie to Beaumont is expected to be installed over the next 6 months.

Dangerous Highways can Cause 18-Wheeler Accidents

Cable barriers can ensure that even large vehicles like 18-wheelers stay within their lanes after an accident. This can prevent multi-vehicle wrecks and minimize the number of injuries and fatalities during truck accidents. Cable barriers are especially necessary on heavy traffic highways where 18-wheeler accidents can end up causing multi-vehicle pileups. It is the responsibility of state authorities to ensure that such cable barriers are installed to reduce the risk of fatalities and prevent serious injuries in the event of an accident. Failure to maintain a highway can place state agencies at fault in 18-wheeler accidents. These agencies can be named in any truck injury lawsuit filed by an 18-wheeler accident lawyer after a crash.

If you've been injured or lost a loved one in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free evaluation of your case.

Texas 18-Wheeler Accident Victims Call for Stricter Driving Regulations

A Texas couple who escaped a potentially fatal collision with an 18-wheeler last month is calling for tougher restrictions on big rigs driving through North Texas.

The couple, Cindy and Christian Benitez, were traveling in their Toyota Corolla on Interstate 35 in Dallas when their vehicle ended up under a rock-hauling 18-wheeler. The car was almost completely crushed under the tractor trailer. Cindy managed to escape without injuries, but Christian was trapped in the wrecked car for nearly 90 minutes. Emergency teams worked hard to extricate the man who was jammed under the big rig's wheel. Christian made a miraculous escape from the wreckage, but was left with severe injuries. Truck Accident RegulationsHe was treated in the hospital and has since been discharged. He faces extensive rehabilitation therapy and is presently unable to walk. Recovery has been extremely painful for Christian, his wife says. The couple has since filed a truck accident lawsuit against the 18-wheeler driver, who escaped without injuries, as well as the trucking company that operated the 18-wheeler.

The couple is now calling for lawmakers to enforce stricter restrictions on 18-wheeler driving regulations. According to them, the accident occurred when the truck merged into their lane. The Benitez' are demanding that 18-wheelers be required to stay in the right hand lane when driving. Currently, San Antonio, Houston, and Hudson are the only cities in Texas that have such restrictions on 18-wheelers. Trucks in Dallas have no such restrictions. Changing lanes without warning can be disastrous for an 18-wheeler and drivers around them. Because of their elevated position,18-wheeler drivers may not be able to see smaller passenger cars in their blind spot. That's why a truck driver at the helm of one of these large machines is required to make other motorists aware of his intentions of turning, slowing down, or changing lanes.

Truck Accident Claims

Both poor judgment and reckless driving by a truck driver can be cited as examples of driver's negligence, and both the driver and his trucking company can be named by a truck accident lawyer in a lawsuit resulting from such gross negligence.

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free consultation.

Houston 18-Wheeler Accident Kills Man and Child

Last week, an 18-wheeler accident on a Houston freeway killed a man and his 2-year-old child.

The accident occurred just before 12:30 pm on Interstate 45 and involved a passenger car and an 18-wheeler. Emergency crews that responded to the scene of the tragedy had to use extrication equipment to remove a man and his child from their severely damaged car. Both were taken to the hospital where they were pronounced dead. The man’s wife, who was in the passenger seat, survived and has been admitted to Memorial Hermann Hospital. She is in serious condition.

Truck Accident AttorneyMore accident investigations are needed before officials can find the cause of the accident. Investigators will look into the speed of the 18-wheeler at the time of the crash. Tractor trailers routinely haul heavy loads and are required to keep within speed limits that are lower than those for passenger cars and other smaller vehicles. Also, the driver will likely have to undergo drug and alcohol testing to determine if he was driving under the influence. The truck will also be subject to investigation to determine if malfunctioning parts or components of the truck could have contributed to the accident. Malfunctioning brakes, weak tires, faulty steering wheel mechanisms, and defective head lights are some examples of damaged 18-wheeler components that can contribute to vehicle instability and loss of control.

18-Wheeler Accident Lawyer

To file claims in an 18-wheeler accident, your 18-wheeler accident lawyer will first have to determine where the liability for the crash lies. There could be a single factor contributing to the crash or a combination of several factors, each of which could have had a role in the accident. Independent investigations have to be conducted; this could take months of probing the trucking company's records, the driver's records, and hiring expert witnesses. All this requires access to substantial resources and the kind of expertise that only a truck accident lawyer who handles these kinds of cases has. 

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free consultation.

Trucker Involved in Fatal New Jersey Accident Arraigned

Earlier this month, a New York truck driver was arraigned for his involvement in a fatal truck accident. The man was driving while under the influence of marijuana and, ultimately, crashed killing three people.

Sheraz Khan was held on a $350,000 bail. In January, Khan was arrested in New York and extradited to New Jersey. Last September, Khan, who was driving an 18-wheeler, hauling heavy machinery, drove across a median and into oncoming traffic on Interstate-295 in Cherry Hill. The tractor trailer mowed down a Volkswagen and a box truck. The driver of the Volkswagen, Keller resident, Lawrence Wright, and the occupants of the box truck, Juma Rajab and Renee Lesenko, were killed in the accident. Khan suffered no injuries.

Truck Accident AttorneyInvestigators found smoking paraphernalia and at least 39 pills of methandrostenolone, a controlled substance. According to witnesses at the scene, Khan was traveling at more than 60 mph just before the crash. It seemed, he made no attempt to brake before crashing into the two vehicles. Blood tests taken eight hours after the accident confirmed the presence of marijuana, and a forensic toxicologist verified that Khan had been severely impaired at the time of the accident.

Khan has no known history of driving violations. He was arrested at his West Babylon home and charged with three counts of vehicular homicide.

Truck Accident Lawsuits

A trucker operating a vehicle under the influence of alcohol or drugs poses a great danger to other motorists. Driving under the influence impacts a person's judgment and slows down their ability to make quick decisions. Trucking companies are required by law to conduct regular alcohol and drug checks on its employees. A big rig who is found to be driving under the influence during an accident can face criminal charges for reckless actions. These actions can also be factors in a truck accident claim filed against the company by your 18-wheeler accident lawyer.

If you have been injured in an accident with an 18-wheeler, contact the truck accident attorneys at Arnold & Itkin LLP for a free evaluation of your case. 

Delaware Woman Injured in 18 wheeler Accident

A Delaware woman suffered injuries in an 18-wheeler accident on February 5th when her car was rear ended by a big rig.

The woman was stopped at a red light, in her Mazda, when an 18-wheeler rear ended her. The impact of the accident pushed the Mazda approximately 90 feet from the point of impact, causing minor injuries. The 18-wheeler, meanwhile, traveled more then 300 feet after the crash before it finally came to stop. The New Jersey driver was not injured in the accident and has been cited for following too closely. Investigations in the accident continue, the exact cause of the accident will be released later, however, it appears that the driver was being reckless in following the vehicle too closely and possibly, driving too fast for traffic conditions. Speed limits for 18-wheelers are often lower than speed limits for other vehicles because big rigs are more difficult to maneuver and stop in the event of an emergency. Fortunately, there were no serious injuries in this accident, but the scene would have been entirely different if there had been passengers in the back seat of the car. In a situation like this, most of the impact would have been absorbed by the back seat passengers, possibly leading to serious injuries and even death. 

Truck Driver Negligence

Driving above the speed limit, or at speeds inappropriate for traffic or weather conditions, is one type of driver negligence. A big rig driver is required, not only to maintain speed limits, but also slow down when he approaches a congested spot, a stop sign etc. Other forms of poor driving behavior that can contribute to an 18-wheeler accident are tailgating or following a vehicle too closely, drifting between lanes, and other forms of reckless driving.

Claims in an 18-wheeler accident can include not only the driver, but also the trucking company that employs the driver. An 18-wheeler accident lawyer can help you recover the compensation you deserve.

If you have been injured in an accident with a big rig, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free evaluation of your case.

Another 18-Wheeler Accident Attributed to Driver Falling Asleep at the Wheel

The driver of an 18-wheeler in Chester County, South Carolina fell asleep at the wheel and crashed his big rig into a wooded area. All involved managed to escape with no injuries.

The driver, Robert Cummings, was on Interstate 77 when it seems he nodded off at the wheel. The18-wheeler veered off the highway and into the woods, slamming into a bridge and cutting through brush. The truck also hit a few trees before finally coming to a halt in a pasture. Cummings appeared to be in a state of shock after the accident and was taken to the hospital and later released. Firefighters who arrived at the scene of the accident say he is extremely fortunate to have escaped with no serious injuries. The truck was not carrying hazardous material and luckily there was no oil spillage. Cummings, meanwhile, has been charged with driving too fast for existing conditions.

It is extremely fortunate that there were no other vehicles involved in accident and that no serious injuries resulted. Chances of surviving with minor injuries in an accident where an 80,000 pound 18-wheeler is out of control are slim at best.  A new federal rule mandating the number of hours a truck driver can work consecutively came into action in January this year. It increases the number of work hours a trucker can drive consecutively from the previous 10 to 11 hours. The Federal Motor Carrier Safety Administration's rule mandates a 10 hour rest period before the start of a 14 day work period, with no more than 11 consecutive hours of driving. Truck safety proponents and truck accident lawyers have long argued for a return to the older 10-hour rule, because of the risk of fatigued drivers dozing off at the wheel and causing accidents. The rules also have implementation issues that need to be sorted out, for instance, it is a fact in the industry that drivers manipulate log books in order to work longer hours. The more hours a driver works, the more he earns; but this frequent illegal action has not been taken into consideration by the new rule. 

18-Wheeler Accident Lawyer

Damages in an accident caused by driver fatigue can be claimed from the driver's trucking company. In order to place responsibility for the accident on the fatigue factor, an 18-wheeler accident lawyer will have to inspect the company's log books. The far-too-common practice of maintaining two separate log books – one official and the "real" one – must be ruled out before driver fatigue can be eliminated as a factor in the accident. 

If you have been injured in an 18-wheeler accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free consultation.

New Trucking Rule May Increase Risk of Accidents

On January 19th, a new federal trucking rule went into effect and has stirred up a longstanding debate on consecutive trucking hours and how they impact the 18-wheeler accident rate.

The Department of Transportation's Federal Motor Carrier Safety Administration issued its final decision on trucking hours, extending truck driver work hours from the previous 10 hours to 11 consecutive hours within a 14 hour window from the beginning of the work day. Before the start of the work day the driver must have at least 10 hours of rest. The rule was issued in 2004, but legal challenges delayed its enforcement until now. The trucking industry has vigorously championed the new rules, claiming studies show that driving more than 10 hours consecutively does not pose a higher risk for accidents. These studies also include statistics that say the number of big rig accidents has fallen consecutively in the past three years; 2005 saw 5240 deaths from 18-wheeler crashes compared to 4808 in 2007.

Not surprisingly, the industry is against reverting trucker hours to the older, 10-consecutive-hour rule. However, truck safety proponents and truck accident lawyers will continue to protest the new rules, which place motorists at undue risk. Truck safety proponents have discounted the studies cited by the trucking industry and suggested that more litigation will be in the works if the Obama administration does not re-evaluate the new rule. Safety groups face strong lobbying from the trucking industry that stands to lose more than $2 billion a year if the work hours are reduced.

Profits for the trucking industry should not come in the way of endangering motorists. The trucking industry cites studies it has conducted itself, in controlled conditions; these are, simply, insufficient. The new rule does not take into consideration the fact that, often, truck drivers manipulate log books in order to work longer hours. More studies should be conducted and the rule should be evaluated by the new administration to ensure that profit motives of the industry do not compromise the safety of motorists. 

18-wheeler Accident Claims

Driver fatigue is one of the biggest causes of truck accidents and is often due to drivers' manipulation of log books, so he can work more than the stipulated hours. It takes solid expertise and years of experience litigating truck accidents to pursue a claim against a trucking company or other parties responsible for an 18-wheeler accident.

If you have been injured in a truck accident, contact an 18-wheeler accident lawyer at Arnold & Itkin LLP for a free consultation.

Dallas, Texas 18-wheeler Accident Linked to Driver Falling Asleep at the Wheel

The driver of an 18-wheeler fell asleep at the wheel while driving along Interstate 20 in Grand Prairie, Texas, causing the big rig to overturn; the driver escaped with minor injuries. 

On January 20, after falling asleep at the wheel and overturning his 18-wheeler, the driver was taken to a Dallas hospital and was, reportedly, out of danger; no other vehicles were involved in the accident. According to reports, when the driver nodded off, the tractor trailer veered to the left side of the freeway and crashed through 170 feet of guardrail before overturning. Police said that investigations will commence soon, and will look into whether or not the driver was exceeding his hours of service.

Driver fatigue at the wheel of an 18-wheeler is the cause of many accidents involving these vehicles, reported every year in Texas. Dozing off or falling asleep at the wheel is just one sign that a driver has not had adequate rest between shifts. Investigations by commercial vehicle enforcement officers will reveal if the driver's logs indicate that he had been driving for longer than the stipulated hours and when his last rest break was. New trucking rules allow a trucking driver to work 11 hours consecutively, and mandate a rest break after a 14 hour shift. The possibility of truckers manipulating their logs in order to work longer than the hours allowed is a very real one, and truck safety groups have called for a return to the previous 10-hour work rule. The trucking industry, however, has been reluctant to bring back the old hours due to the losses it would suffer going back to the 10-hour work rule.

Driver fatigue is an aspect of driver behavior that can be dangerous in any situation, but when you're talking about an 80,000 pound 18-wheeler, the consequences of nodding off at the wheel can be catastrophic. In this particular accident, it is extremely fortunate there were no other vehicles in the vicinity when the big rig toppled over and, consequently, no other injuries. 

Truck Accident Lawyer 

A person injured in a truck accident caused by driver negligence or fatigue can file a damages claim against the trucking company that employed the driver. These truck accident lawsuits can be complex, requiring extensive investigation and a look at the driver's logs, as well as his background. The truck accident lawyers at Arnold & Itkin have represented hundreds of clients over the years in truck accident injury cases and have earned them the compensation they deserve. 

If you or a loved one has been injured in a truck accident, contact a truck accident lawyer at Arnold & Itkin LLP for a free consultation.

 

18-Wheeler Accident Kills Louisiana Man

The dangers posed by speeding 18-wheelers were brought home to a Natchitoches Parish, Louisiana family, when a 70-year-old man was killed in an accident involving a semi truck on December 8th. Police are still investigating the causes of the accident.

According to this report, Dorris Morris was driving north on I-49, when his Toyota Camry was rear ended by the 18-wheeler. The impact drove both vehicles off the road and into a tree. The semi truck ended up on top of the Toyota. Morris was declared dead at the scene of the accident. The driver of the 18-wheeler, Lorenzo Hurst, was ticketed for careless operations, and toxicology tests were conducted.

Investigations will eventually point to the causes of the accident, and how much at fault Hurst was in this crash. Unfortunately, all too often, 18-wheeler drivers work long hours, and are under tremendous pressure to deliver loads. This leads to drivers navigating highways at unsafe speeds, and driving aggressively to fill their log books for the day.  Besides truck driver fatigue, there may be other reasons for truck accidents like alcohol and drug use or speeding, which become monumentally more dangerous behaviors when it’s the driver at the helm of an 18-wheeler you're talking about. Poor maintenance and faulty repairs of trucks, which typically run for thousands of miles a year, and use of poor quality or defective parts in the truck can also cause malfunctions that lead to serious accidents.

Anytime an 18-wheeler is involved in an accident with another vehicle the consequences can be catastrophic for the driver of the smaller car. When a tractor trailer of the size that was involved in this accident ends up on top of a car, there's precious little hope that the driver and passengers inside will survive the crushing impact. Passenger cars are built and tested to withstand the impact of other cars of their size. They have little protection when they are involved in an 18-wheeler collision. 

In 2007, close to 413,000 large trucks were involved in accidents in the country, and a total of 4,808 people were killed in these. A large majority of the fatalities–close to 80 percent – were driving or sitting in the other vehicle. It's just an example of how poor the odds of survival are for drivers or passengers involved in an accident with these massive trucks.

Truck Accident Litigation Can be a Long and Expensive Process

Proving liability when you've been involved in an 18-wheeler accident is a lengthy process. Unlike in a passenger car accident, there is more than just the truck driver who may be liable. A trucking company may provide inadequate driver training and poor record keeping, the company that manufactured the truck, any company that was involved in the maintenance and repairs of the truck etc. All these potential factors have to be investigated to isolate the cause and liability for the accident.

That’s why pursuing civil litigation in an 18-wheeler crash requires the expertise of specialized 18 wheeler accident lawyers who litigate these types of cases regularly. A general accident lawyer may not have access to the investigative resources that a truck accident lawsuit requires. If you've been injured or lost a loved one in an 18-wheeler accident, contact an experienced truck accident lawyer at Arnold & Itkin LLP for a free evaluation of your case.

Austin, Texas Police Enlist 18 Wheeler Help to Prevent Accidents

Police in Austin, Texas have their eyes on the city's big rig trucks, not just for their role in 18 wheeler truck accidents, but also to gain a dramatically different and elevated view of the traffic situation on the streets. APD has launched a new crackdown on aggressive driving and they are climbing aboard the cabs of the city's 18 wheelers to enforce it.

The program which commenced on September 1st, has a police officer sitting in the cab of a massive 18 wheeler truck next to the driver, keeping an eye out for traffic violations of the kind that might not have been observable from street level. The size of these trucks gives anybody seated inside an elevated vantage point, from which to catch even minor violations that would not have been as easily noticeable as in a regular patrol car.   Once the officer spots a violation, he immediately radios back up officers following in a patrol car, and the offending driver can be pulled over and cited.

The offenses that an officer can observe from the cab of an 18-wheeler range from tailgating, to changing lanes without signaling. Besides, some of the most aggressive driving tends to take place around these massive trucks. Truck drivers are often in a rush to get to their destination on time, creating conditions that are ripe for an accident. An 80,000 pound truck is far too heavy to stop quickly if it must. Add to that the fact that a trailer can jack-knife and even become detached from the truck, and careen toward other motorists who might be in the vicinity.  The potential for a deadly 18 wheeler accident is huge. Smaller vehicles that are close by almost always take the brunt of the impact when a crash does occur.

Using an 18 Wheeler to Prevent Truck Accidents

So far, the program has resulted in more than 400 citations and over 100 arrests. The program has also focused on 18 wheeler safety with truck examinations and inspections being undertaken to cite owners of defective trucks, and keep these vehicles off the streets. Since the inception of the program, about 668 trucks have been inspected in Austin. More than 2600 citations have been issued for failure to comply with federal trucking regulations, and at least 100 trucks have been removed from service for poor truck maintenance

Probing Truck Accident Liability

Getting to the root cause of a truck accident that results in injuries or fatalities can be a time consuming process. Truck inspections have to be conducted, and driver negligence, if applicable, must be proved. A successful truck accident lawyer must have access to the financial and technical resources necessary to build winning cases. If you have been involved in an accident with a commercial truck, call an experienced truck accident lawyer at Arnold & Itkin LLP for a free initial consultation.

 

Federal Trucking Regulations

Excerpts from the Federal Trucking Regulations (formally, the Federal Motor Carrier Safety Regulations) are posted on the Truck Accident Lawyer website published by Arnold & Itkin LLP.  The relevant sections of the Trucking Regulations which are provided there include topics like:

  • Controlled Substances and Alcohol Use and Testing
  • Commercial Driver's License Standards, Requirements and Penalties
  • Minimum Levels of Financial Responsibility for Motor Carriers
  • Driver Hours of Service

If you want to know more about Federal Trucking Regulations, or if you have been involved in a Truck Accident, the Truck Accident website should be a very useful resource.