New Trucking Rule May Increase Risk of Accidents

Posted on February 4, 2009 by Truck Accident Lawyer

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.

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

Posted on January 23, 2009 by Truck Accident Lawyer

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.

 

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