Press Release – Queener Law https://queenerlaw.com Nashville, Kentucky & Colorado Accident Lawyer Tue, 22 Jan 2019 18:35:28 +0000 en-US hourly 1 https://wordpress.org/?v=5.0.3 Not Making the Grade: When Semi Trucks Fail to Handle Haul Roads https://queenerlaw.com/blog/not-making-grade-semi-trucks-fail-handle-haul-roads/ Fri, 17 Jun 2016 10:57:06 +0000 http://queenerlaw.com/?p=648 The Mine Safety and Health Administration reports that certain accidents occur repeatedly on U.S. haul roads. These are very often […]

The post Not Making the Grade: When Semi Trucks Fail to Handle Haul Roads appeared first on Queener Law.

]]>
The Mine Safety and Health Administration reports that certain accidents occur repeatedly on U.S. haul roads. These are very often fatal to the truck operators.

According to the Mine Safety and Health Administration (MSHA), 442 fatal mining accidents were investigated in a five-year time period. Of these, 121 or 27 percent, involved surface haulage trucks.

As the most common type of machinery involved in surface accidents, haulage trucks are involved in fatal crashes. Vehicles include over-the-road trucks, front-end loaders, ore carrier trucks, utility trucks, water trucks, forklifts, cherry pickers and mobile cranes.

Certain types of accidents occurred repeatedly. These included:

  • haulage trucks going out of control
  • trucks driving over dump points
  • trucks experiencing serious mechanical defects

The MSHA reviewed numerous truck accidents and found factors that caused haul road accidents: defective equipment, driver error, overloading and steep grades.

Henry Queener, a Nashville semi truck accident lawyer, explained, “It’s clear that drivers are driving too fast, not wearing seat belts or are operating overloaded vehicles. There are cases where the road grades are too steep, safety measures are not being followed or trucks are not being maintained properly, like having faulty brakes.”

Attorney Queener continued, “Large industrial equipment is striking workers down and colliding with other vehicles. The work is dangerous.”

An 18-year-old miner was working with three weeks’ experience. He was fatally injured when he lost control of his water truck that was converted from a drill truck. His truck had a 3,560 gallon tank and was traveling on a haul road with a 8.43 percent grade. His death was attributed to his inexperience and inadequate training, along with faulty brakes and transmission.

Another occurred on an 11 percent downgrade. Three of the vehicle’s six service brakes had no braking. Grease was found on the brake linings. The remaining service brakes had brake drums that were larger than the allowable diameter. The truck was also overloaded, being 30,000 pounds over its manufacturer’s maximum gross vehicle weight.

When workers are injured or killed, the parties involved should contact semi truck accident lawyers.

The post Not Making the Grade: When Semi Trucks Fail to Handle Haul Roads appeared first on Queener Law.

]]>
Regulation Gaps Lead to More Dangerous Truck Accidents https://queenerlaw.com/blog/regulation-gaps-lead-dangerous-truck-accidents/ Wed, 01 Jun 2016 11:08:15 +0000 http://queenerlaw.com/?p=621 In late April, a semi casually rolled into a home in Greenbrier. The driver left his rig unattended to visit […]

The post Regulation Gaps Lead to More Dangerous Truck Accidents appeared first on Queener Law.

]]>
In late April, a semi casually rolled into a home in Greenbrier. The driver left his rig unattended to visit a family member. No one was killed, but a home was destroyed and had the timing of the incident been different, the outcome could’ve been far more disastrous.

On the surface this seems more to do with bad driving habits than laws or oversight. However, gaps in both regulations and oversight lead to scores of similar incidents each year. Tennessee truck accident lawyer Henry Queener has handled numerous cases where he thinks improved enforcement would make a difference.

“The problem isn’t always the drivers or their habits,” Queener says. “We find profiteering by large trucking firms and a lack of funding for officials to oversee code enforcement, safety checks and other vital functions codified in law is what causes harm.”

According to CDC publications for 2015, truck drivers were the most likely candidates for on-the-job deaths, with 65% of those deaths happening as the direct result of a truck accident in 2012. NTSB data shows truck involvement in nearly 25% of accidents in work zones, and as many as one in eight fatal accidents on American roads. Tennessee truck accident lawyers know 119 people died in truck accidents here last year.

Technology to alert drivers to road hazards, remind drivers of important maintenance and vehicle operations issues, and track the activities of truckers exists, but is rarely used on big rigs in America despite it’s prevalence elsewhere. Truck accident lawyers agree that though mandating the technology used in Europe to keep truck accidents from happening seems attractive, it is costly. “More effective enforcement of existing regulations would be a good start toward safer roads for all,” says Queener.

The post Regulation Gaps Lead to More Dangerous Truck Accidents appeared first on Queener Law.

]]>
Department Of Transportation Budget Is Latest Showdown With Trucking Industry https://queenerlaw.com/blog/department-transportation-budget-latest-showdown-trucking-industry/ Tue, 17 May 2016 06:01:56 +0000 http://queenerlaw.com/?p=604 Washington, DC – April 25, 2016—This week the United States Senate began deliberations on a new budget for the Department […]

The post Department Of Transportation Budget Is Latest Showdown With Trucking Industry appeared first on Queener Law.

]]>
Washington, DC – April 25, 2016—This week the United States Senate began deliberations on a new budget for the Department of Transportation. Though the purpose of the bill is to fund both the Department of Transportation and HUD, there are provisions in the budget that are deeply troubling to groups lobbying for safer roads.

Groups opposing the bill point to several key provisions that indicate capitulation to the trucking industry, and increase the risk of accidents. The most controversial provision changes the current calculation on hours of service restarts for drivers.

Current rules state that drivers are required to take a 34 hour break once they reach their hours of service cap for a seven day period. The break reduces driver fatigue, the leading cause of semi truck accidents. The new bill would permanently roll back hours of service restarts to pre-2011 levels, a decision which significantly reduces the downtime between restarts and eliminates mandatory 30 minute breaks for long-haul drivers.

The trucking industry and its lobbyists argue the reduction in restart periods is vital to maintain profitability for trucking companies and higher wages for drivers. Profits for trucking companies have remained flat since the start of the Great Recession, despite the recent drop in the price of diesel. If trucking companies are unable to increase the turnover rate of their trucks through more frequent deliveries, American Trucking Associations believe there will be a collapse of the transportation industry.

Henry Queener, a semi truck accident lawyer in Nashville, sees proposed changes to the hours of service in the Department of Transportation budget as a clear step in the wrong direction. “We’ve seen a steady increase in the number of fatal semi truck accidents, as well as continued increases in the economic cost of accidents. Putting tired drivers on the road, and encouraging drivers to miss hour of service restarts, will make all of our roads a lot less safe”.

The budget debate is certain to be contentious, especially after the trucking industry suffered setbacks with proposed speed limiters and a Congressional refusal to increase the size and weight of trucks.

The post Department Of Transportation Budget Is Latest Showdown With Trucking Industry appeared first on Queener Law.

]]>
Law Requires Truckers to Record Hours Electronically https://queenerlaw.com/blog/law-requires-truckers-record-hours-electronically/ Mon, 16 May 2016 11:13:28 +0000 http://queenerlaw.com/?p=600 New rules make it easier to hold truckers accountable for how many hours they are behind the wheel. This will […]

The post Law Requires Truckers to Record Hours Electronically appeared first on Queener Law.

]]>
New rules make it easier to hold truckers accountable for how many hours they are behind the wheel. This will cut down on the number off accidents caused by sleepy drives, officials hope.

A new proposal would require truckers to electronically  record their time behind the wheel. This has been mandated by federal law late in 2015, but Tennessee has not yet officially adopted the measure. When there is an accident with a big truck, there are often fatalities. Studies have shown one reason trucks get into accidents is tired or sleepy drivers, an this rule is aimed at making that happen less often.

In 2013 rules were passed by the Tennessee Legislature that limit how much time a trucker can drive, and it required certain amounts of time to be taken off. Recording the hours electronically takes it a step further by making verification easier.

A Nashville truck accident lawyer said he welcomed the changes.

“Ultimately we want to see fewer accidents and fewer deaths on the highways,” Henry Queener of the Queener Law Office in Nashville said. “Holding truckers accountable will help keep them off the road when they are drowsy. It might also protect them from being abused by their companies, so it benefits everyone.”

According to an Associated Press story, truckers have kept paper logs in the past, but new technology will keep track of engine hours, vehicle movement, miles driven, and location, which will make it hard for anyone to work around the system. For years paper records have been kept, but it was easy to keep two sets of records, or to even just put in wrong information.

Truckers often face a double edged sword of sorts. The temptation is great at times to grab another load. They may not feel tired, think they can handle it and the money is tempting. Also sometimes employers give hard deadlines and drivers are behind the wheel longer than they should be. Either situation can make them sleepy and unsafe behind the wheel. If you are in an accident contact a truck accident lawyer in Tennessee.

The post Law Requires Truckers to Record Hours Electronically appeared first on Queener Law.

]]>
Semi Trucks on a Collision Course https://queenerlaw.com/blog/semi-trucks-collision-course/ Fri, 11 Mar 2016 06:50:41 +0000 http://queenerlaw.com/?p=541 Statistics show that approximately 5,000 people die every year in semi truck accidents in the United States. Out of those […]

The post Semi Trucks on a Collision Course appeared first on Queener Law.

]]>
Statistics show that approximately 5,000 people die every year in semi truck accidents in the United States. Out of those 5,000 fatalities, 700 people are drivers or passengers in heavy trucks, and 4,300 people are drivers or passengers in cars and small pickups that are hit by big rigs. Due to the high number of semi truck collisions on U.S. highways, the National Highway Traffic Safety Administration has advised the public about potential accident dangers.

(Article continues below infographic.)

Semi trucks can be deadly on the highway because of their size and weight. When traveling at speeds of 65 to 70 mph, a semi truck requires a much longer time to come to a stop than a smaller vehicle, especially when it’s fully loaded. Even in the best of circumstances with driver awareness and good road conditions, cars traveling in front of semi trucks are at a much higher risk for serious accidents and injuries.

In Hammond, Indiana, a 22-year-old woman was killed in an accident with a semi truck when she had to stop suddenly behind a concrete truck. The semi truck behind her could not stop and collided with the car, pushing it into the concrete truck. The car burst into flames, and the woman was killed. A wrongful death lawsuit was filed, and the victim’s estate was awarded a $2.8 million settlement.

In a similar Virginia accident, a semi truck driver tried to stop as he approached an unexpected traffic slowdown, but could not stop in time. The tractor-trailer rear-ended a car, pushing it into a nearby guardrail, then hit an SUV, pushing it forward into a pickup truck. After hitting three vehicles, the semi truck jackknifed, trapping the first car between the tractor and the trailer. The driver of the first car, a 38-year-old woman, was pronounced dead at a local medical center.

According to Henry Queener, a Nashville semi truck accident attorney, “speed, overloaded trucks, and truck driver fatigue all contribute to semi truck accidents on U.S. highways. If a sudden stop occurs in front of a fast moving, fully-loaded semi truck, a rear end collision is a likely possibility.”

The post Semi Trucks on a Collision Course appeared first on Queener Law.

]]>
Share the Road Trailer Helps Teens Share The Road With Tractor Trailers https://queenerlaw.com/blog/share-road-trailer-helps-teens-share-road-tractor-trailers/ Sat, 05 Mar 2016 07:07:26 +0000 http://queenerlaw.com/?p=544 In an effort to prevent trucking accidents, the Tennessee Highway Patrol has unveiled the “Share the Road Trailer.” It is a […]

The post Share the Road Trailer Helps Teens Share The Road With Tractor Trailers appeared first on Queener Law.

]]>
In an effort to prevent trucking accidents, the Tennessee Highway Patrol has unveiled the “Share the Road Trailer.” It is a tractor trailer truck with a driving simulator. It is designed to help teen drivers learn how to safely share the road with big rigs.

(Article continues below infographic.)

The Tennessee Trucking Association helped to make the trailer a reality. Perhaps they were motivated by Nashville truck accident lawyers helping their clients. Accidents involving trucks are far too numerous and need to be prevented, which is why this trailer is so important.

The simulator has a 42″ flat screen TV on the outside of the trailer. This gives teens an idea of what the experience is like. Inside the trailer there are 6 separate virtual reality stations. These stations are designed to simulate a real vehicle. They have a steering wheel, gas pedal, and brake pedal. The screen wraps around the inside of the station to give the participants as real an experience as possible.

When they are inside the station a State Trooper gives them instructions via a headset. This personalizes each teen’s experience. Teens will have to deal with seven different driving scenarios. These include tractor trailers making wide turns, what happens when they cut off a tractor trailer, the “no zone” or the blind spot of the tractor trailer, distracted driving, reaction times, the move over law, and how to stop safely.

According to the Insurance Institute for Highway Safety, 3,660 people were killed in trucking accidents in 2014. 68% of these deaths were drivers and occupants in passenger vehicles. Tennessee ranks ninth in traffic deaths when population is taken into account. The Tennessee Highway Patrol is hoping that the Share the Road Trailer will help teens be better drivers and reduce traffic fatalities in the state.

The post Share the Road Trailer Helps Teens Share The Road With Tractor Trailers appeared first on Queener Law.

]]>
Overpass Collision Results in Double Injury https://queenerlaw.com/blog/overpass-collision-results-double-injury/ Mon, 15 Feb 2016 07:21:57 +0000 http://queenerlaw.com/?p=547 Two Nashville road crew workers ended their work day on January 30 in the hospital after the scaffolding they were on was […]

The post Overpass Collision Results in Double Injury appeared first on Queener Law.

]]>
Two Nashville road crew workers ended their work day on January 30 in the hospital after the scaffolding they were on was struck by a semi-truck. The men were working on an overpass section of the interchange between I-65 and I-440.

The accident occurred in mid-afternoon, typically a less dangerous time for construction crews. The truck truck collided with the bottom of the scaffolding, causing it to detach from the overpass. One of the men fell to the roadway below, while the other was able to remain on the scaffolding.

“An accident like this shows the danger from tractor-trailers on the road today,” says truck wreck attorney Henry Queener. “An accident can happen anywhere in Nashville, causing serious injury or even death to the victims.”

Damage to the truck’s trailer was extensive, with the roof being peeled off. The truck driver was not injured in the accident. Under Tennessee law, drivers must slow down or change lanes when construction workers are present. It is unclear at this time as to why the driver did not do so.

The Tennessee State Patrol responded to the accident and reported that the investigation into the accident would continue. No charges were filed against the driver of the tractor-trailer.

Both of the Tennessee Department of Transportation workers were transported to a local hospital for treatment and were expected to make a complete recovery. If the driver of the tractor trailer did not follow proper rules of the road, they may have cause to contact a truck wreck attorney to further investigate the case.

Being Saturday afternoon, impact on traffic flow was minor. Traffic remained backed up for a short time after the accident but was quickly cleared.

The identity of the workers and the truck driver involved in the accident were not released by the State Patrol.

The post Overpass Collision Results in Double Injury appeared first on Queener Law.

]]>
Driving Simulators Help Truckers Prepare for Winter Driving https://queenerlaw.com/blog/driving-simulators-help-truckers-prepare-winter-driving/ Wed, 10 Feb 2016 07:25:23 +0000 http://queenerlaw.com/?p=550 Truck drivers throughout the nation spend countless hours driving in adverse weather conditions like high winds, ice and snow. Unfortunately, […]

The post Driving Simulators Help Truckers Prepare for Winter Driving appeared first on Queener Law.

]]>
Truck drivers throughout the nation spend countless hours driving in adverse weather conditions like high winds, ice and snow. Unfortunately, these road hazards frequently cause accidents that are catastrophic and sometimes deadly. The Michigan Center for Truck Safety, however, has created a solution that may prove to be extremely effective in reducing the number of truck accidents that result in devastating injuries and fatalities.

The use of innovative cold weather simulators help truckers identify potential dangers. These state of the art simulators have been around for a few years now, and an increasing number of both new and experienced truck drivers are coming away with lessons about their own habits and abilities in adverse weather conditions, as well as the capabilities and limitations of their massive vehicles. These simulators are designed to use a wide variety of scenarios and challenges that truckers often face under common cold weather road conditions. Demonstrating the effects of miscalculations and other errors helps drivers make real life adjustments to their driving behaviors, which is destined to help save lives.

Some of the scenarios that commonly cause truck accidents in cold weather months include:

  • Following too closely
  • Driving too fast for conditions
  • Inexperience with driving in adverse weather conditions
  • Overconfidence in the drivers abilities
  • Failing to realize the limitations of the big rig in poor weather

Simulation of these scenarios enables truck drivers to realize the possible consequences of such issues without endangering them or other motorists on the road.

According to Nashville truck accident lawyer Henry Queener, “Requiring all commercial truck drivers to experience these types of cold weather simulations would be an optimal solution to help reduce the number of truck accidents on America’s roadways.” Unfortunately, it is not required by law for truckers to participate in simulation activities prior to operating big rigs in the United States.

The post Driving Simulators Help Truckers Prepare for Winter Driving appeared first on Queener Law.

]]>
Are More Lenient Trucking Laws In Our Future? https://queenerlaw.com/blog/lenient-trucking-laws-future/ Sun, 27 Dec 2015 07:35:08 +0000 http://queenerlaw.com/?p=554 Each year, approximately 4,000 Americans lose their lives due to accidents with big rigs. An additional 85,000 are injured. Since […]

The post Are More Lenient Trucking Laws In Our Future? appeared first on Queener Law.

]]>
Each year, approximately 4,000 Americans lose their lives due to accidents with big rigs. An additional 85,000 are injured. Since 2009, the number of fatalities involving large truck accidents has risen a disturbing 17 percent, while injuries have risen an alarming 28 percent. As the number of trucking accidents continues to rise, lobbyists have been pushing for more relaxed trucking laws. 

(Article continues below Infographic)

______

While the trucking industry’s wish list included allowing drivers who are under the age of 21, significantly longer and heavier trucks, and more allowable drive time, truck safety advocates claimed that the proposals were simply the trucking industry’s attempts to use Congress to achieve more dangerous policies. According to Nashville truck wreck attorney Henry Queener, “Many truck accidents are due to the lack of driver training, overloaded trucks, and fatigued drivers. These proposals would have increased the risk for all three.”

FAST Act: The Final Bill

The first week of December, the proposals above were finally omitted from the FAST Act, which is the first long-term transportation bill passed by Congress in more than a decade. Instead, the more than 1,300-page document contains other, more safety conscious regulations for the trucking industry.

  • CSA Reform: The bulk of the information currently reported by the Compliance, Safety, Accountability system’s Safety Measurement System will no longer be viewable to the general public until the government is able to evaluate and fix the issues at hand.
  • Drug Testing Reform: Employers will now be able to perform hair tests in lieu of urine tests once guidelines are established.
  • Detention Time: The FMCSA will study and report on the impact of shipping and receiving delays.
  • Insurance: The FMCSA will also study liability insurance minimums. Currently, carriers are required to hold $750,000 in liability insurance.

The post Are More Lenient Trucking Laws In Our Future? appeared first on Queener Law.

]]>