Truck Driver Rule May Endanger U.S. Motorists

The administration of outgoing President George W. Bush is rushing to put several laws into place before Jan. 20 (when the president's term ends). One of these 11th-hour legislative changes threatens the safety of motorists across the U.S., as it may increase the risk of trucking accidents on our highways.

Unsafe Guidelines May Put Drivers at Risk
In a last-minute industry-favoring move by the Bush administration, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has released a "rule" that may increase the risk of trucking accidents. The new rule allows truck drivers to:

• Work 11 consecutive hours a day
• Work up to 14 hours per shift
• Be behind the wheel of 80,000-pound trucks for as much as 77 hours per week

This rule had already been in place, temporarily, and has been challenged numerous times based on extensive research that shows how unsafe these standards are.

To see the full post from PersonalInjuryLawyers.com, go here.

The major safety issue with these rule changes is the fatigue issue.  It is inherently unsafe to have these long haul truck drivers behind the wheel for so many hours during one week's time.

To see more information about tractor trailer accidents, go here and here.

Woman awarded $345k for injuries in rear-end automobile accident

Tech devices leave trail of evidence in trucking litigation

Trucking companies are using a variety of hi-tech devices that are changing the face of trucking litigation.

On-board computers, electronic logging, GPS systems and satellite and wireless tracking can provide a wealth of information about an accident and the history of the driver and vehicle.

"Everything that touches a truck these days frankly is electronic," said Morgan Adams, chair-elect of the trucking litigation section of the American Association for Justice.

He noted that on-board recorders can track over 175 characteristics, such as vehicle speed, hard-braking incidents and vehicle maintenance.

This information is a "boon" to plaintiffs' attorneys, who are using it to bring claims against trucking companies for negligent supervision and negligent maintenance as well as spoliation of evidence, said defense attorney Kenneth Abbarno of Reminger & Reminger in Cleveland.

Truckloads of data

The main source of information is the "black box," also known as an electronic control module or electronic data recorder, which records events like hard-braking, cruise control settings, when the truck traveled at various speeds and sudden decelerations.

Newer electronic on-board recorders, known as EOBRs, monitor the speed of a truck as well as the number of driving hours, and can indicate every time a driver goes over the allowed number of hours or drives over the speed limit.

Some carriers have replaced hand-written logbooks with GPS satellite and wireless devices that track a driver's schedule and route and beam the information back to the company.

Other devices are now being introduced that use video cams and radar to track and warn of potential hazards, including blind spots or when a driver is drifting out of a lane. The data is then uploaded to the company computer in real time.

The combined data can help reconstruct an accident.

Teen injured in near-fatal crash gets $14.8M

Tractor-trailer rear-ender results in punitive damages award

A driver was awarded $275,000 for several disc injuries he sustained when his coupe was rear-ened by a tractor-trailer. Thomas J. Ferranti sued Willie Lee Rowell Jr., who was driving for Martin Trucking. He claimed Rowell failed to keep a proper lookout. Ferranti sustained herniations in his neck and back. The jury found that Rowell showed reckless indifference to the interest of others. Of the award, $100,000 was for punitive damages against Rowell. Martin Trucking was not found vicariously liable for punitive damages.

Ferranti v. Martin Trucking, LLC

To see the full report on this case go to VerdictSearch.com

Jury awards boy for hand degloving in crash

Buonaiuto v. Stroud