Tennessee Truck accidents caused by corporate culture

Tennessee truck accidents are rarely caused by "rogue" drivers. What is more likely is that the driver has been allowed to engage in unsafe practices, sometimes practices that have been encouraged directly and indirectly by the trucking company.

Fatigue Contributes to Many Tennessee Truck Accidents

Truck and tractor trailer accidents in Tennessee are often caused by driver fatigue, or fatigue is a contributing factor. Rules for tractor trailer drivers include "hours of service" that intended to force adequate rest periods.

Truck Load Shifting Can be Dangerous

Truck drivers who do not secure their loads can experience a load shifiting while they are underway that can cause a loss of control and collision.

New Airbrake Standards for Trucks

New Federal Regulations for airbrakes on tractor trailers will bring about a 30% decrease in stopping distances. The regulations go into effect in November 2009 with compliance required by 2013. It is anticipated that this new standard will save more than 200 lives each year.

Tractor Trailer Wreck at 3 a.m. Due to Fatigue?

A truck wreck on I-75 at 3 a.m. resulted in a diesel spill and shut down of the interstate for 10 hours. It was a single truck accident, and the causes are officially still "under investigation". The time of day suggests that fatigue may have been a factor. Sleep deprivation experts tell us that it is most difficult for people to stay alert during this time, and "catching up" on sleep in advance doesn't really help. We can be thankful that this truck driver just lost control and made a mess of the interstate. It could have been much worse. For more information about driver fatigue issues, click here. 

Tractor Trailer Wreck at 3 a.m. Wednesday May 27, 2009

A tractor trailer wrecked at 3 a.m. on the morning of May 27, 2009 on I-24 outside of Nashville. It's tempting to just "drive through" rain when you are in a big rig, but water on the roadway can make handling and braking dangerous for even experienced truck drivers.  Safe truck drivers know this and either slow down or stop.

Tractor Trailer Accident Statistics

Tractor trailer accidents are devastating.  These types of crashes frequently result in serious injuries and death.  There are many factors involved in large truck accidents, but one of the main reasons the outcome is so catastrophic has to do with the immense size of the semi.  Tractor trailers can weigh up 80,000 pounds, which significantly outweighs the average passenger vehicle at 3,000 pounds.

The Federal Motor Carrier Safety Administration released its Motor Carrier Safety Progress Report that showed the number of accidents, injuries and fatalities involving large trucks.  The report contains information as of December 31, 2008.  Following is a summary of the data included in the report based on 2007 statistics and facts:

• There were 4,808 deaths involving large trucks
• The rate of fatalities involving large trucks and buses was 0.168 per 100 million total vehicle miles traveled
• 101,000 injuries were caused by large truck accidents

If you have been injured in a truck accident, you need to contact a Nashville truck accident lawyer at Phillip Miller & Associates for legal advice at (615) 356-2000 or (800) 337-HURT.  Truck accident cases are complex and require a thorough understanding of state and federal law.  We have the experience and knowledge necessary to help you win your semi truck accident case.

*Source: Federal Motor Carrier Safety Administration: Motor Carrier Safety Progress Report

Trucking Case Evidence Must be Preserved

I have been working on a trucking case that has been handled by another firm, and was shocked to discover that they made no attempt to preserve evidence of the driver's logs, fuel receipts, inspections, or other documentation. It's usually fairly simple. You make a written request to the company to preserve the records, and if they won't you file suit. If you say nothing the trucking company is legally entitled to destroy the records after 6 months and there is nothing you can do. In this case, the trucking company admitted fault so the lawyers thought it was unnecessary. Wrong.  We don't know (and neither do they) what the real story was on this driver and why this particular wreck occurred.  

Are Some Truck Accidents Linked to Forged Medical Certificates?

According to a study by the House Transportation and Infrastructure Committee, it is easy for a motivated trucker to get around the physical examination requirement needed to obtain a commercial license.  As a result, it is believed that there are truckers on the roads today who have forged medical certificates and should not be driving.  That means that some Tennessee tractor-trailer accident cases may be caused by medically unfit truckers.

Truckers are known to suffer heart attacks, seizures and spells of unconsciousness, causing countless major truck accidents across the country.  Since there is no central database or repository for state inspectors to verify the legitimacy of a medical certificate, truckers are getting away with providing false information to obtain their commercial licenses and innocent truck accident victims are paying the price.

The House Transportation and Infrastructure Committee study tried to verify a sample of 614 medical certificates from truckers at roadside inspections in California, Illinois and Ohio.  Only 407 could be verified as legitimate after the committee’s staff attempted to contact the medical examiners listed on the certificates.

If you have been injured in a Tennessee tractor-trailer accident you may be entitled to compensation.  Truck accident cases can be complex, which is why you need to consult with an experienced large truck accident attorney to find out your legal rights. Contact Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000 today for a consultation.

Turnover at Trucking Companies

One of the little know facts about the trucking industry is the amount of turnover they have among their drivers. Nationwide the turnover rate for drivers is over 120%.  If a trucking company has (as an example) 1000 drivers, on average they would be hiring 100 new truckers every month. This leads to companies making m istakes and taking shortcuts in screening, training, and hiring. Those mistakes can be catastrophic when they put a driver on the road with poor judgment, bad habits, and no training or supervision. For more information on this study and issue, click here.

Long Working Hours Affect Reasoning and Memory

Some people think they can work through fatigue, and some employers expect their employees to work long hours, drink some coffee, and just "suck it up". People  who work 55 hours or more per week experience measurable reductions in their short-term memory and in their ability to reason. The ramifications of this study suggest that changes are needed in certain trades and professions where long working hours are the norm, especially when human life or dangerous equipment are involved.  
For more information, click here. 

Watch Out For Tired Truckers on Tennessee Roads

You don’t want to think about the possibility that the trucker driving the 18-wheeler behind you could be extremely drowsy.  Tired truckers often have slower reaction times to potential hazards and have difficulty focusing on the road.  That means if you slam on your brakes to avoid an accident, the truck driving behind you may not stop in time.

Federal regulations allow truckers to drive 11 hours straight, which is part of the Hours of Service (HOS) rules, which specify how long a trucker can drive without taking a break.  These rules are supposed to keep truckers from becoming too tired to drive, which can lead to serious truck crashes.

There has been some debate regarding the amount of time a truck driver should be allowed behind the wheel and the research that has been done on this subject has come up with various results.  For example, the National Transportation Safety Board found that as many as 30 to 40 percent of large truck accidents are associated with tired truckers.  However, the Federal Motor Carrier Safety Administration believes that only 5.5 percent of all large truck crashes can be linked to driver fatigue.

If you have been injured in a large truck accident in Tennessee, you need to contact an experienced truck accident lawyer at Phillip Miller & Associates at (800) 337-HURT (4878) or (615) 356-2000.  Truck accident cases are complex, but we have the experience to go head to head with trucking companies and their insurance companies. 

The article, “Tired Truckers Cause Serious Accidents,” has more information on this topic. 

Driver Logs

Tractor trailer drivers are required under Federal Law to maintain logs that reflect the driver's "hours of service." The idea behind this requirement is to protect both the driver and the public from unsafe driving practices that include fatigue, speeding, and the use of drugs as a stimulant. The logs must be completed for every 24 hour period, and they must be reported to the employer within 13 days. In theory a employer could catch mistakes by drivers, and drivers who were falsifying logs, by examining the logs.  In some cases the logs make no sense, and in others they conflict with gas bills, delivery documents, and GPS tracking data from the trucking company.  In practice, there are many companies who pay little attention to the logs beyond checking that the driver hasn't violated the rules on the numbers of hours they are allowed to drive in an 8 day period (70 hours) or the number of hours on duty without having 10 hours off-duty (11 is the maximum on-duty hours).

It's important to know that trucking companies are only required to keep these logs for 6 months. Hiring an attorney to make sure the logs are preserved is an important first step for anyone involved in a tractor-trailer collision.

Doctors Should Admit their Mistakes

Everyone, including doctors, can make a mistake. People call us every week who are unhappy with their doctor and the outcome of a surgery or other medical care. Most of the time, they would have been satisfied (and never called us) if the doctor had simply admitted a mistake and treated them like human beings.  Unless there has been a catastrophic injury or death, most people cannot afford to sue a doctor or hospital (it's very very expensive).

A recent Massacusetts case is a classic example.  A 32 year old woman is given a drug after a c-section that drops her blood pressure, causes a heart attack, and kills her.  The family sues. The doctor fights the case all the way to trial and loses.  The response by the doctor's lawyer?  The jury verdict finding the doctor responsible was "a curious and unexplainable verdict". I would say that a 32 year old woman dying after a c-section was a curious and unexplainable medical event, wouldn't you?

Truck Driver Killer in early morning crash

Daren Baird was killled earlier this week after losing control of her rig and running off the interstate in the knoxville area.  Baird was featured on "The Today Show" on a segment about dangerous jobs.  Meredith Vieira actually did a ride along.  Baird was a residentof Forest Park, Ga., and a member of Women In Trucking. (WIT).

 This is purely my opinion, not legal advice. I am an investigator, not a lawyer. For legal advice, please contact Phillip Miller & Associates at 1-800-337-HURT. Loco Logan