Trucking Accident – 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 Could Relay Trucking Save Lives? https://queenerlaw.com/blog/relay-trucking-save-lives/ Thu, 09 Aug 2018 15:21:51 +0000 https://queenerlaw.com/?p=1589 Relay trucking could be the answer to improving truckers’ work/life balance, preventing accidents, and saving lives. According to the FMCSA […]

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Relay trucking could be the answer to improving truckers’ work/life balance, preventing accidents, and saving lives. According to the FMCSA and NHTSA, fatigued and overworked drivers cause most commercial truck crashes. The FMCSA requires drivers and carriers to observe implemented hours of service regulations. Even with those limits, drivers often work long shifts with few or no breaks and are under pressure to meet deadlines are more prone to causing accidents.

What is Relay Trucking?

Truckers who engage in point-to-point, full-truckload freight loads have a tough job. They stay with the freight from the time it has been loaded on their rig until they reach the load’s destination. The truckers spend long hours on the road and often days away from their homes and families. The FMCSA requires drivers to take breaks, and their rigs are outfitted with electronic monitoring to keep track of driving and rest hours. However, driver fatigue still happens.

Less-than-full loads use a hub and spoke system where trucks are changed at different hubs along the freight’s journey. But this method is too costly and time-consuming for full loads. However, relay trucking, a new approach suggested by researchers at Oregon State University could improve the quality of life for truckers and save lives. This new method would rely on a large-scaled mixed fleet dispatching system.

With relay trucking, the length of a trucker’s full-load trip could be reduced by 66 percent without delaying the delivery process. While a driver gets the rest he needs, another driver along the relay route would take over at the specified relay point and take the load to the next relay point and so on until the destination is reached. Theoretically, this method could be more efficient because the freight is constantly moving, shortening delivery times.

Relay Trucking Can Help Save Lives

According to the IIHS, in 2016, 3,986 people died in large truck accidents. Other drivers or passengers on the road accounted for 66 percent of those deaths. Truckers are required to comply with federal regulations of driving no more than 11 hours at a stretch, but some violate the law and go longer than 11 hours. This increases their risk of causing an accident from driver fatigue. Relay trucking would reduce the number of hours a trucker would drive, reduce driver fatigue and help save lives.

 

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Truck Driver Shortage Puts Safety at Risk https://queenerlaw.com/blog/truck-driver-shortage/ Tue, 17 Jul 2018 14:50:57 +0000 https://queenerlaw.com/?p=1552 The nationwide truck driver shortage could result in younger truckers behind the wheel of big rigs that cross state lines, […]

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The nationwide truck driver shortage could result in younger truckers behind the wheel of big rigs that cross state lines, raising the risk for truck accidents. Commercial drivers who are between the ages of 18 and 21 are six times likelier to be involved in fatal trucking accidents than older, more experienced drivers. The push to lower the interstate truck driving age comes in response to a stronger economy and the increased demand for truckers across the U.S. The shortage is expected to grow as today’s drivers begin retiring.

Truck Driver Shortage

There is currently a truck driver shortage across the country because of the improved economy. In 2016, the trucking industry was short by 36,500 drivers, and the number was expected to reach 50,000 by the end of 2017. The shortage is expected to increase to 176,000 by 2026. Retirement is one factor causing the shortage of truckers. According to the American Trucking Association, the average age for truck drivers is just 49. Another reason for the shortage is the improved economy. Consumers have a higher demand for goods, which necessitates more freight. Because unemployment rates are low and truck driving is hard, it is becoming more difficult to attract enough drivers to the industry.

Proposed Law to Decrease Minimum Age

In response to the shortage, Representative Duncan Hunter of California has proposed a law that would decrease the minimum age for over-the-road truck drivers from 21 to 18. Proponents of the law argue that lowering the age would attract more drivers straight out of high school because they wouldn’t have to wait for three years after graduating. They argue that younger drivers are currently allowed to drive short distances within their own states but not to cross state lines. Opponents to the law argue that young drivers between ages 19 and 20 are six times more likely to be involved in fatal truck accidents than are older drivers. They argue that the law would place an unreasonable degree of risk on the public because younger drivers are simply not as safe as older drivers.

If the law is passed, more younger drivers may be on highways across the nation. This could increase the danger of trucking accidents to the public at large.

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Robotic Big Rigs Could Put More Pressure on Human Truckers https://queenerlaw.com/blog/robotic-big-rigs/ Wed, 16 May 2018 20:06:30 +0000 https://queenerlaw.com/?p=1517 The move to autonomous trucks may place added stress on Tennessee truck drivers and lead to new dangers from fatigue, […]

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The move to autonomous trucks may place added stress on Tennessee truck drivers and lead to new dangers from fatigue, disengagement and the potential for cyber terrorism. While manufacturers tout the safety of autonomous vehicles, their advent has led to questions about liability and concerns about the reaction times of drivers when they are forced to take control of the trucks in emergency situations. The Federal Motor Carrier Safety Administration recently conducted a listening session to talk about some of the potential issues that could happen when large trucks are traveling on the roadways. The agency is trying to determine what type of regulations might be in order for autonomous trucks.

Potential Dangers of Autonomous Trucks

According to Mark Rosekind, the former administrator of the National Highway Traffic Safety Administration, truck drivers who are assigned to these trucks may quickly become complacent and experience passive fatigue while they are monitoring autonomous systems and are not in control of the trucks. Among the major accidents investigated by the National Transportation Safety Board in the last few years, 20 percent were caused by fatigue.

A researcher from the Institute for Simulation and Training at the University of Central Florida conducted a study of drivers in vehicles with level 3 automation, which is when vehicles are in full automation mode but drivers are expected to remain in the vehicles and take over in the case of an emergency. The researcher found that the drivers became disengaged and exhibited passive fatigue starting about 10 minutes after they began operating the vehicles in autonomous mode. When the researcher presented a simulated emergency situation of another vehicle pulling out into traffic ahead of the vehicles, he found that the drivers’ reaction times were much slower. Passive fatigue caused slower reaction times than active fatigue.

Other concerns include the potential for attacks on interconnected systems by cyber terrorists. If cyber terrorists are able to hack into the systems that control autonomous trucks, they could wreak havoc and cause the loss of many lives in large truck accidents. There are also concerns about liability in accidents that might be caused by autonomous trucks. The FMCSA is considering ways to regulate autonomous trucks to make them safer for everyone.

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Hand-Free Systems Are Still a Distraction for Truckers https://queenerlaw.com/blog/hand-free-systems/ Thu, 19 Apr 2018 18:46:01 +0000 https://queenerlaw.com/?p=1484 In Tennessee, truck drivers are prohibited from using their cell phones with their hands, but hands-free systems, which are also […]

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In Tennessee, truck drivers are prohibited from using their cell phones with their hands, but hands-free systems, which are also distracting, are allowed. The Federal Motor Carrier Safety Administration prohibits the use of handheld cell phones while truck drivers are driving. The drivers are also forbidden from using hands-free phones if they must press more than one button to make a call. While the FMCSA recognizes the dangers of texting while driving and has moved to make doing so illegal, using a hands-free system is also distracting and may lead to truck accidents.

FMCSA Rules About Cell Phones

The FMCSA has rules in place about the use of cell phones while truck drivers are driving. They are prohibited from using phones that require them to hold the phones in their hands when they make calls. They are also prohibited from using phones that require them to push more than a single button to make a call. Finally, they cannot have their phones positioned in such a way that they are forced to reach for their phones, making them lean over and out of a seated position.

Why Hands-free Systems Are Distracting

Dialing on a hand-held cell phone, reading text messages or typing messages cause three different types of distraction, including visual, manual and cognitive distraction. Hands-free systems take away the problems of visual distraction and manual distraction because the drivers can keep their eyes on the roads and their hands on the wheel. However, when their cognitive attention is divided between responding to a message or talking and concentrating on the road, they are still cognitively distracted.

In addition, while hands-free system manufacturers claim that visual distraction is eliminated, most drivers who use hands-free systems still tend to glance at their phones when they are sending voice texts. Most people check to see if what they say is being translated accurately because the translators are known for making mistakes.

Because people tend to think that they are being safe when they use hands-free systems, this may give them a false sense of security when they are driving. Truck drivers may be distracted while they are sending text messages by voice or when they are talking on the phone over their hands-free systems, and these issues may result in accidents.

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Are Large Truck Regulations Enough to Keep Our Roadways Safe? https://queenerlaw.com/blog/large-truck-regulations/ Wed, 21 Mar 2018 15:02:32 +0000 https://queenerlaw.com/?p=1474 The American trucking industry is heavily regulated, but regulations may not be enough to keep Tennessee roadways safe. Although other […]

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The American trucking industry is heavily regulated, but regulations may not be enough to keep Tennessee roadways safe. Although other motorists and pedestrians depend on trucking companies and drivers to comply with the laws, it’s not uncommon for truckers and the companies they work for to blatantly ignore regulations, operating under the influence, without the proper licenses and insurance, and while in violation of hours of service regulations. When they fail to abide by the law, catastrophic accidents that injure or kill others often result.

Important Trucking Regulations

Because commercial trucks are much larger and heavier than other vehicles, they are particularly dangerous in accidents. As a result, there are regulations that limit the number of hours that drivers may work per day and per week and mandatory rest periods during which truckers are not supposed to perform any work. There are also regulations that limit the total allowed length of the trucks and their maximum weights. Drivers are not supposed to drive while impaired, and they are not allowed to text on their cell phones. Trucking companies are supposed to keep their fleets in good working condition and promptly repair any parts that might be failing. All of these regulations are meant to enhance the safety of large trucks so other motorists may be protected.

When Drivers and Companies Skirt Rules

Despite the existence of the regulations, some drivers and trucking carriers regularly skirt the rules. For example, one Georgia owner-operator trucking company was shut down by the Federal Motor Carrier Safety Administration after a co-owner/driver was found to have violated multiple regulations when he caused a fatal accident. The driver failed to slow when he approached a construction zone and struck a slow-moving Jeep while traveling at 63 mph. The Jeep’s driver was killed, and the passenger was seriously injured. The FMSCA found that the truck driver was driving with a suspended license and that the truck was uninsured. In addition, it found that the company failed to follow regulations for driver qualifications and it failed to carry adequate insurance, along with multiple other regulatory violations.

While regulations are important, it is equally important to ensure that companies and drivers follow them. Increased enforcement efforts could help get unsafe drivers and companies off of the roads.

 

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The Push to Prioritize Truck Safety Rules https://queenerlaw.com/blog/truck-safety-rules/ Tue, 16 Jan 2018 06:08:28 +0000 https://queenerlaw.com/?p=1437 Following an increase in truck accident fatalities over the past seven years, survivors and safety advocates are urging the Federal […]

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Following an increase in truck accident fatalities over the past seven years, survivors and safety advocates are urging the Federal Motor Carrier Safety Administration to finalize multiple safety regulations that have been placed on hold. Truck Safety Coalition members attended the nomination hearing of the new administrator of the FMCSA in Oct. 2017. They wanted to draw attention to the importance of a number of safety regulations in the hope that the FMCSA would finalize the rules and begin enforcing them. However, the anti-regulatory environment makes it less likely that the rules will be finalized in the next few years.

Safety Rules at Issue

Despite the push by lobbyists for another delay, the electronic logging device mandate went into effect on Dec. 18 as scheduled. Trucks must now have electronic logging devices installed that track when the trucks are moving. It is thought that the ELD mandate may prevent truck drivers from falsifying their logbooks to get around hours-of-service rules.

Other regulations have not been finalized or implemented, however. A proposed sleep apnea rule that would have required screening for sleep apnea that is similar to what is required of pilots was withdrawn by the FMCSA. Sleep apnea interferes with sleep patterns, causing people who suffer from the condition to feel fatigued. The sleep apnea rule was meant to reduce drowsy and fatigued driving by truck drivers.

Advocates have also been calling for an enhancement in driver training rules to require more hours behind the wheel. The proposed rule that would have required trucks weighing more than 26,000 pounds to have speed limiting devices installed has also not been finalized. The Trump administration is still considering it, and it is uncertain whether or not it will be enacted.

Truck Accident Increases

Truck accidents have increased over the last seven years. In 2016, there were 4.317 people who were killed in accidents involving large trucks. Many of these accidents were caused by some of the issues that the proposed regulations would address. Despite this, it is unlikely that the FMCSA will act to prioritize safety because of the anti-regulatory push in the administration.

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Report Weighs In on Advanced Safety Technology for Large Trucks https://queenerlaw.com/blog/technology-for-large-trucks/ Mon, 18 Dec 2017 19:37:54 +0000 https://queenerlaw.com/?p=1118 Advanced safety technology in large trucks may greatly reduce the number of truck accidents in Tennessee and elsewhere, according to […]

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Advanced safety technology in large trucks may greatly reduce the number of truck accidents in Tennessee and elsewhere, according to a new report. The AAA Foundation for Traffic Safety found that 63,000 truck accidents could be prevented each year if trucking companies installed safety technologies on all of the trucks in their fleets. The organization reviewed data about lane-departure warning systems, automatic braking systems, video safety systems and air disc brakes and recommended that companies install all of them.

Effects of Safety Technology

The AAA Foundation for Traffic Safety reviewed the literature of truck accidents and the data about various types of safety technology. They found that the installation of lane-departure warning systems in all of the trucks in the U.S. could save 115 lives, prevent 1,342 injuries and result in 6,372 fewer crashes each year. Onboard video safety systems would prevent 17,333 injuries, save 293 lives and prevent as many as 63,000 truck accidents annually.

The foundation also found that automatic brake systems could save 55 lives and prevent 5,294 accidents and 2,753 injuries. Finally, air disc brake installations could save 37 lives while preventing 2,411 accidents and 1,447 injuries. The foundation recommends that these systems be installed on all trucks to help to prevent truck accidents that cause severe injuries and death.

Why Aren’t the Systems Used More Often?

These technologies are relatively new and are treated as options instead of as standard equipment on new trucks. Some carriers choose to purchase trucks without these options to save money. In addition, many carriers have fleets of trucks that are older. They argue that the cost of retrofitting their fleets would be prohibitive. There are no current regulations that require that manufacturers include these systems on new vehicles or that companies install them on their existing fleets.

Despite the initial cost outlays, companies could derive several benefits by installing advanced safety technology in their fleets. They could help to prevent accidents, deaths, and injuries. The installation of safety technology could also save substantial amounts of money over the long term by reducing the number of claims and payouts. When truck accidents happen, a truck wreck attorney may represent injured victims to help them to recover damages from the trucking companies and drivers for their losses.

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Cellphones Aren’t the Only Distraction Tennessee Truckers Face https://queenerlaw.com/blog/tennessee-truckers-distraction/ Tue, 21 Nov 2017 20:56:31 +0000 https://queenerlaw.com/?p=1099 In Tennessee, commercial truck drivers work long hours and may be distracted by many things beyond their cell phones. Truck […]

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In Tennessee, commercial truck drivers work long hours and may be distracted by many things beyond their cell phones. Truck drivers should avoid distractions while they are driving so that others who are traveling nearby will be safer. In addition to cell phones, drivers may be distracted by others who are traveling with them, eating, dispatch equipment, billboards, people outside of their trucks and more. By understanding the potential for and danger of distraction, drivers may be better able to focus their attention on the road and minimize their risks of causing accidents. A semi-truck accident lawyer may help victims who have been injured in crashes caused by distracted truck drivers.

Distractions to Avoid

According to the Federal Motor Carrier Safety Administration, 71 percent of crashes involving large trucks that were caused by truck drivers happened when they were engaged in other activities besides driving. By remaining focused on the roads, truck drivers can help reduce the risk of accidents. While cellphones are responsible for a large percentage of distracted driving accidents, a number of other activities are also distracting to truck drivers and should be avoided.

One of the leading causes of large truck crashes is driver inattention that results from distractions outside of trucks. These can include billboards, people, buildings and others. In 2006, a study found that as many as 80 percent of large truck crashes involved truck drivers who were inattentive within 3 seconds of the accidents.

Texting while driving is notoriously distracting, and it is illegal for commercial truck drivers. When people text and drive, their manual, cognitive and visual attention are all directed away from the road. Drivers should likewise not use their dispatching devices while they are driving. Instead, they should pull off of the road when they need to use these tools.

Some activities that might seem innocuous, like eating or drinking, are also highly distracting to truck drivers. One recent study found that driving while eating might be even more dangerous than driving while talking on a cell phone. It is better for drivers to wait and eat on their breaks.

Driver distraction is a huge problem that can lead to preventable accidents. A semi-truck accident lawyer may gather evidence that shows driver distraction caused truck accidents.

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Did Trucking Industry Violations Cause Your Wreck? https://queenerlaw.com/blog/trucking-industry-violations/ Thu, 19 Oct 2017 15:40:17 +0000 https://queenerlaw.com/?p=1075 Of the many potential causes of truck accidents in Tennessee, regulatory violations are some of the most frequently occurring. The […]

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Of the many potential causes of truck accidents in Tennessee, regulatory violations are some of the most frequently occurring. The Federal Motor Carrier Safety Administration has strict regulations in place that are geared toward reducing the risk of trucking collisions, but many drivers and carriers violate the rules in an effort to get their loads to their destinations in time. When a truck collision results from a trucking violation, a truck wreck attorney may argue a prima facie negligence claim against the responsible drivers and their employers.

Common Trucking Industry Violations

The FMCSA has established multiple rules that are meant to reduce the risk of trucking accidents. When large trucks cause collisions, victims are much likelier to suffer devastating injuries or fatalities. As a result, the industry is strictly regulated.

Drivers are only supposed to drive a certain number of hours per day, and they are supposed to take a minimum number of required breaks. There are also regulations concerning what the drivers are allowed to do while they are driving and rules about the frequency of maintenance and inspections of the trucks.

Under the law, drivers are only supposed to drive for 11 hours out of 14 with three extra hours designated for other activities, including eating, refueling, and others. They are also supposed to get a minimum of 10 hours off for rest before beginning new shifts. When drivers violate these hours of service rules, they may be fatigued. This heightens the risk of accidents caused by tired truck drivers.

The FMCSA also prohibits truck drivers from using their hands to make phone calls or to text while they are driving. Drivers who are caught texting, reading texts or talking on the phone while driving face substantial fines. They are allowed to talk on hands-free devices, however.

Truck companies are supposed to conduct regular inspections of their fleets. They are also supposed to follow regular maintenance schedules and to make prompt repairs. Drivers who pull over to have their required inspections will be fined if there are violations that are discovered. Road-side inspections involve looking at the brakes, load securement, exhaust system, lights, and tires. The inspectors also review the drivers’ licenses, logbooks, and paperwork to ensure that drivers and their vehicles are in compliance with the law.

Adhering to safety regulations is important for preventing accidents and saving lives. Violating the rules may cause serious accidents, harming others.

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