Truck Accidents

Motorists in California know all about struggling through heavy traffic-clogged with semi-trucks. The American Transportation Research Institute has concluded that regulatory changes that took full effect in 2014 could be contributing to a rise in property damage and injuries. The federal rules have had the effect of having more trucks on the road during morning rush hours rather than in the middle of the night.

Data published by the Federal Motor Carrier Safety Administration appears to validate the findings of the research institute. Although fatalities in truck accidents decreased by 5 percent between 2013 and 2014, injuries reported in wrecks with commercial trucks rose 21 percent in the period. A spokesman for the FMCSA, however, attributed the decline in fatalities to the increasing presence of technologies like electronic stability control and automatic braking systems. These safety improvements make a crash less likely to cause death but injuries still happen, he said.

Even so, a representative from the American Transportation Research Institute preferred to blame the increase in injuries on the fact that trucks were occupying highways during peak rush hours instead of late at night. In congested traffic, trucks move at slower speeds. Accidents with injuries remain a possibility, but the slower speeds could be limiting the number of fatalities.

Because of their overwhelming weight and size, big rigs that are involved in truck accidents can cause serious injuries to occupants of other vehicles that are involved in the collision. Many such accidents are caused by distracted truck drivers or truck driver fatigue, and in such a case, an injured victim may want to find out from an attorney whether both the driver as well as the company itself could be held financially responsible for medical expenses and other losses.

A proposed federal rule that would require certain trucks to have speed limiters installed on them has been delayed by the Office of Management and Budget. The implementation of a rule that would create a database of truck drivers in California and around the country who have failed a drug or alcohol test has also been delayed. This database was named the Commercial Driver’s License Drug and Alcohol Clearinghouse.

Instead of sending the proposed rule to the Office of Management and Budget on April 18, the rule will instead be sent to that office on May 6. The official publication date has been pushed back from July 28 to Aug. 6. This information would have to be provided to the Federal Motor Carrier Safety Administration by carriers at least once a year, and it would have to be reviewed before any driver could be hired.

There is no definitive date as to when the rule regarding speed limiters could be published. It is merely listed as Spring 2016 in the DOT’s latest report whereas the March report listed a publication date of April 28. The rule would require governors that limit a truck’s top speed be placed on any vehicle weighing more than 27,000 pounds. That rule was first sent to the OMB in May 2015.

Unfortunately, drunk truck drivers cause many injury accidents every year. If and when implemented, the new database will at least be an attempt to keep some of them off of the road. A person who is injured in such an accident may want to have legal help in filing a lawsuit that would seek compensation from the impaired driver and, in some cases, the trucking company itself as well.

California residents may recall that in June 2014, a Wal-Mart truck driver caused a crash that led to the death of comedian James McNair and severely injured fellow comedian Tracy Morgan. The driver has since been charged with aggravated manslaughter, vehicular homicide, and aggravated assault and is facing substantial prison time if convicted.

Wal-Mart was also sued by Morgan over the crash on the basis that the driver had not slept in over 28 hours while making deliveries for the company. The retailer settled the civil case for an undisclosed amount.

According to a report by the National Transportation Safety Board, the driver’s lack of sleep and failure to follow traffic signs contributed to the accident. The Wal-Mart delivery truck slammed into a limo bus carrying Morgan and other passengers causing it to flip. The passengers in the limo bus were not wearing seat belts, which may have contributed to the severity of their injuries.

As a result of the crash, Morgan suffered a brain injury, broken ribs, and a broken leg. He was in a coma for several weeks. After undergoing intensive physical therapy, he is now able to walk with assistance.

A person who has been injured in a commercial vehicle accident caused by a truck driver’s negligence may often face permanent disability that will require lengthy hospitalization and rehabilitation. The financial consequences can include high medical expenses and in some cases lost wages due to an inability to return to work. Such a victim might want to meet with a personal injury attorney to discuss the advisability of seeking compensation through a lawsuit filed against the negligent driver as well as the trucking company itself.