Articles Posted in Trucking Accidents

A program launched by the Federal Motor Carrier Safety Administration, designed to heighten accountability for carriers that repeatedly violate safety protocol, is drawing fire from two other top regulators for inaccuracy and general inefficiency.

The Compliance, Safety, Accountability program was launched in July of last year, and scores carrier safety. Those with bad scores can suffer higher insurance rates and increased scrutiny by law enforcement and inspectors. They can also suffer a loss of business if other firms would rather not contract with companies that have a poor safety record.

This isn’t a bad thing. After all, truck carriers that don’t prioritize safety should face sanctions. The problem, according to recent audits by the Department of Transportation’s Office of the Inspector General and the Government Accountability Office, is that the data upon which these scores are based are inaccurate and incomplete.

Our Cape Coral accident attorneys know that the effect of this is that decent carriers (mostly smaller outfits) are unfairly sanctioned, while larger carriers that may be less safe have better scores and may evade the greater scrutiny they deserve. This helps no one.
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Truck drivers who follow new federal rules requiring additional nighttime rest are more alert and less likely to deviate from their lane on the highway, according to a recent study.

The independent study found that the so-called “restart” provision in the current U.S. Department of Transportation hours-of-service rule for commercial truck drivers is more effective at reducing dangerous fatigue than the earlier rule, which required less nighttime rest.

Our Fort Myers personal injury attorneys are aggressive advocates for the victims of trucking accidents.
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A Collier County man was one of two people killed in a recent morning I-75 accident. According to Naples Daily News, the accident happened on I-75 near Daniels Parkway when the 31-year-old driver reportedly drove into the back of a tractor-trailer shortly after 3:00 a.m. His vehicle became lodged under the trailer. He and his passenger were both wearing seat belts and were both killed in the accident.

Our Fort Myers trucking accident lawyers understand that tractor-trailers have underride guards meant to stop cars from sliding underneath trailers in the event of such collisions. Unfortunately, many critics argue the federal standards are not strong enough for these guards. According to the Insurance Institute for Highway Safety (IIHS), new crash tests and analysis demonstrate that underride guards on tractor-trailers can fail in relatively low-speed crashes – with some serious and deadly consequences. The Institute recently petitioned the federal government to require stronger underride guards that will remain in place during a crash and to mandate guards for more large trucks and trailers.

These guards are the main countermeasure to help fight against death and injury when a smaller vehicle crashes into the back. In 2009, about 70 percent of the more than 3,150 people who were killed in trucking accidents were the occupants of the other vehicles involved.

Most semitrailers are required to have underride guards, but they’re not required to be reinforced.

Sharing the road with larger vehicles can be dangerous if you are not aware of their limitations.

Staying Safe Around Trucks:

-Never cut off a truck. These vehicles take a lot longer to stop than our passenger vehicles. When passing, look for the front of the truck in your rear-view mirror before pulling in front and avoid braking situations!

-Always wear a seat belt. This may be your best defense against injury or death in the event of an accident with any kind of vehicle.

-Keep an eye out for a truck’s blind spots. These are the areas around a truck that a driver cannot see. Remember that if you can’t see the truck driver, then he can’t see you.

-Always drive defensively. Avoid aggressive drivers and maintain a safe speed. Two-thirds of all traffic fatalities may be caused by aggressive driving behaviors. Keep your distance and maintain a safe speed. The only thing excessive speed does is increase your chance for a crash.

-Remember trucks make wide turns. Because of their large size, remember that a truck making a right turn may first swing left to clear the corner. Conversely, a truck making a left turn may first swing right to clear vehicles and other objects on its left side. Expect this and be prepared!
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State and federal regulations limit truck load size, speed, equipment, as well as driver schedules. Driver fatigue is a well-documented problem in the trucking industry where drivers have an incentive to speed and chase the clock. Truck drivers in Florida and nationwide will now have to comply with new provisions effective July 2013 that will restrict their “hours of service” or the number of hours they can be on the road.

The new federal provisions will help to ensure that drivers are well-rested and to prevent fatigue that can cause drowsiness and accidents. A driver who has not had proper sleep has slow reaction times and is more likely to cause an accident or lose control of a commercial truck. Our truck accident attorneys are dedicated to ensuring road safety and holding truck drivers and trucking companies accountable for negligence.

The very nature of the trucking industry means that truckers have an incentive to drive even when they are tired. Drivers are often paid by how much ground they can cover. Doing the math, a driver understands that the faster they drive and the more hours on the road, the more money they can pocket. These incentives mean that drivers are often prone to sleep deprivation. Habitual disruption of sleep can also cause chronic fatigue.

Drivers have a number of other reasons to work long hours or to extend driving sessions. They may be headed home to see loved ones, making up for lost time or trying to beat rush hour. In some cases, drivers will speed or work long hours to avoid bad weather. Unfortunately fatigue management is not often dealt with during training and drivers have minimal guidance from trucking companies.

Safety advocates nationwide know that reducing the number of hours a driver can be on the road will also reduce the number of accidents and injuries caused by driver fatigue. Studies show that reducing the number of hours drivers on the road, you can also reduce fatigue- related crashes. The Federal Motor Carrier Safety Administration (FMCSA) has developed a new set of regulations and standards to reduce the number of “hours of service” allowable by commercial truckers.

The new regulations will reduce the number of hours a driver can be on the road by 12 hours. This is a 15% reduction from the old provisions that allowed a maximum of 82 hours in one work week. Now drivers are limited to 70 per week. In addition to overall hour reductions, drivers will be required to take a 30 minute rest between 8 hour shifts.

Commercial truck driving is a significant responsibility. A negligent driver or trucking company can cause catastrophic accidents and injury. Because of the risks associated with driver fatigue, drivers should be alert and awake, and ready and capable to manage inclement weather, road construction and other obstructions or hazards on the road. The FMCSA may be the incentive the drivers need to stay awake and stay in line. Any driver who violates the laws will be liable for up to $2,750 and trucking companies can be liable for up to $11,000 per violation.
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We’ve said it time and time again — driving near tractor-trailers is dangerous. But did you know that one of the biggest dangers comes from the risk of your vehicle sliding underneath one of those things?

Fortunately, a lot of semi-trucks do a decent job of keeping your car from slipping underneath in the event of an accident — but they don’t do a great job of this when one is rear-ended. Because of this, officials with the Insurance Institute for Highway Safety (IIHS) are taking a closer look.

In the recent test results from the IIHS, only a small number of these tractor-trailers do their job in preventing deadly underride injuries.

Our Fort Myers trucking accident lawyers understand that most semi trucks out there are required to have the proper underride guards. But are they effective? These guards are the steel bars that hang from the back of trailers to help to keep your vehicle from sliding underneath in the event of an accident. Previous research showed that the minimum dimensions and strength requirements for these guards weren’t good enough. Because of those studies, officials with the National Highway Traffic Safety Administration (NHTSA) revamped the safety standards back in 2011. The IIHS also considered getting the NHTSA to require these guards on all kinds of trucks. Unfortunately, lawmakers have thus far failed to act.

Without the requirements, trailer manufacturers may still be installing guards that are much tougher, stronger and more effective than the NHTSA currently requires. That’s good news because these guards generally work well to prevent underride. But they’re not effective when accidents happen at the rear corners and outer edges of trailers.

Officials believe that these manufacturers are installing tougher guards because it’s already a requirement in Canada, and has been since 2007. More recently, IIHS crash tests have started to shine light on this very important issue, and at least one manufacturer has started selling trailers that come equipped with stronger underride guards since the tests first started.

Back in 2011, close to 300 of the 2,240 passenger vehicle occupants who were killed in accidents with large trucks were killed when the front of their vehicle hit the back of a large truck. Although that’s a number that’s down from 460 out of close to 3,700 in 2004, officials believe the number dropped because American drivers were spending less time behind the wheel as a result of the weak economy and not because of improvements to these guards.

Regardless of how strong these underride protectors may be, it’s important that all drivers are on their best behavior when traveling near these large trucks. Their size, weight and power make our vehicles virtually powerless against them. Steer clear of semis, tractor-trailers, dump trucks and other big rigs whenever possible.
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Overweight and speeding semis continue to present risks to every motorist on the road in South Florida.

The maximum weight that a big rig can weight in Florida is 80,000 pounds. Unfortunately, many companies around the country and right here in Florida are frequently exceeding weight restrictions. Although state officers continue to pull over trucks that they suspect are too heavy, companies continue to overload these rigs and thereby gambling with the safety of innocent motorists like you and I.

Our Fort Myers trucking accident attorneys understand that the penalties for these citations might not be enough to deter this kind of behavior. According to the report from FOX5, companies are getting fines of $300, $150 and even $75 for exceeding federal weight limits. And these were fines for exceeding the 80,000 limit by thousands of pounds. It’s so bad that officials estimate that about 30 percent of tractor-trailers and dump trucks are overweight on our roadways.

“Florida’s weight fines are so low that they were simply a nuisance to many truckers and considered a part of doing business,” according to an Office of Program Policy Analysis and Government Accountability (OPPAGA) report to the Florida Legislature.

Safety advocates have repeatedly suggested to lawmakers that the fines be tougher. A dump truck exceeding the weight limit by 600 pounds runs the risk of getting a mere $10 fine.

What’s even worse is that trucks that are over the limit, but over it by less than 6,000 pounds, are allowed to continue on to final destination. It’s up to the discretion of the officer.

In addition to these trucks running around with too much weight, they’re also speeding. For this reason, officials with Road Safe America (RSA) are pushing for federal officials to mandate speed limiters on commercial trucks.

Under this proposal, all heavy commercial vehicles would be required to use speed limiters and would have to set them at 65 miles per hour. According to RSA officials, this would help to make our roadways safer not only for these truckers, but for passenger car drivers as well.

The Secretary for the U.S. Department of Transportation (DOT) has even provided readers with a sample letter that you can personalize, print out and send to your elected officials. It helps to talk about the risks associated with these heavy, speeding trucks as well as ways that lawmakers can help to improve roadway safety for everyone.

In the state of Florida, there were close to 200 large vehicles involved in fatal accidents in 2010. Many of these accidents and fatalities could have been prevented or could have at least resulted in fewer injuries if truckers and companies simply followed stricter weight and speed restrictions.
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Don’t even think about cutting off a large truck. Not only could it land you a hefty fine, it could wind up costing you your life. According to the Florida Department of Highway Safety and Motor Vehicles (DHSMV), close to 90 percent of accidents involving commercial trucks and passenger vehicles involve some sort of driver error.

To help to reduce these risks, officials with the Florida Highway Patrol (FHP) are launching a new safety campaign called “Ticketing Aggressive Cars and Trucks.”

Our Cape Coral accident attorneys understand that this time of the year can be stressful on our roadways. During the end of each year, we have holiday and snowbird traffic with which to deal. We can all get a little stressed behind the wheel during this time. We’re asking drives to keep their cool and to not let aggressive driving habits put you at risk. Be safe, be cautious and be polite out there. We’ve all got places to go. Let’s work to make sure that everyone gets to and from where they need to be safely!

During the “Ticketing Aggressive Cars and Trucks” campaign, officers throughout the state will be working to cut down on the number of accidents, injuries and fatalities that stem from accidents with commercial vehicles. Heightened enforcement efforts will be paired with awareness campaigns to help to spread the word!

Officers will be on the lookout for:

-Aggressive driving habits
-Tailgaters
-Speeders
-Unsafe lane changes.

“Safety on Florida’s roadways is a cooperative effort by cars and trucks alike. As an industry, safety is at the top of our minds — it matters above all else,” said Mary Lou Rajchel, President and CEO of the Florida Trucking Association.

In addition to increased enforcement, officers will be pushing this campaign by using billboard messages along some of our most popular roadways. The billboards warn drivers about the increased risks for accidents caused by dangerous driving behaviors.

The bottom line is that drivers of all kinds, including truckers and passenger-vehicle drivers, need to share the road with one another. Our safety relies on it. The drivers of passenger vehicles need to adjust their driving habits to accommodate these trucks. They don’t operate like our vehicles do.

When traveling near large trucks — keep your distance. Avoid cutting them off or following too closely. You want to stay out of their blind spots as well. These are areas surrounding the truck in which drivers cannot see you. Your best way to know if you’re in a blind spot is to look for the truck driver. If you’re not able to see him, he’s not able to see you. When passing a truck, you want to do so swiftly. Don’t linger alongside commercial vehicles.
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A final rule to help fight driver fatigue and trucking accidents in Fort Myers and elsewhere was recently announced by the Secretary of the U.S. Department of Transportation (USDOT), Ray LaHood.

The new rule was enacted after a number of studies were conducted into the dangers of fatigued driving and its effect of the safety of our roadways. The new rule, by the Federal Motor Carrier Safety Administration (FMCSA), tightens up the regulations regarding hours-of-service (HOS) safety requirements for drivers of commercial trucks.

“This final rule will help prevent fatigue-related truck crashes and save lives,” said LaHood.

Our Fort Myers injury lawyers understand the dangers that are associated with large trucks on our roadways. You know the feeling, the whoosh of a semi or a tractor trailer passing your car. It’s frightening. What’s most alarming is that many of the drivers of these large vehicles are working with little to no sleep on extremely long trips. This stricter HOS rule aims to keep these drivers awake and alert behind the wheel in order to help keep motorists of all kinds safe on our roadways.

Anne S. Ferro, the FMCSA Administrator, says that the Administration listened to the public and safe-driving advocates for months before finalizing this rule. In addition to public input, the Administration also used the most up-to-date research about fatigued driving. In the end, the FMCSA hopes that it created a rule that can help to keep drivers safe, alert, focused and rested behind the wheel.

Under the new HOS rule, drivers are only allowed to work 70 hours a week. The old rule allowed drivers to work 82 hours a week.

In addition to the reduction of hours a driver is allowed to work in one week, they’re also now restricted to working only eight hours without a break. Once they’ve been working for eight straight hours they are required to take a break of at least 30 minutes. Drivers are now also allowed to take a 30-minute break whenever they feel that they need to rest.

Remaining the same under the new and old rule is the 11-hour a day driving limit. The FMCSA will continue to conduct inspections and data analysis to look into the risks that are associated with this daily limit. After research, if risks are proven to be too high with this long of a work day then the limit will be reduced.

The new rule is also requiring drivers who use up their weekly work hours to take at least two nights to rest when their internal clock demands sleep the most, which is typically from 1 a.m. to 5 a.m. This is all a part of the new rule’s “34-hour restart” regulation that is in place to allow drivers to restart the clock of their work week by taking at least 34 consecutive hours off. Drivers will have to do this at least once during their work week.

If companies are busted for failing to enforcing these new rules, they could face fines of more than $10,000. Drivers can also be penalized for not resting, with fines of more than $2,700.

The effective date of this final rule was the 27th of February. Drivers and companies must start complying with the new rule by the first of July in 2012.
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