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Five Major Trucking Wreck Causes in Virginia

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Trucking wrecks are not as common as automobile accidents. But when they do occur, injuries are often very severe and there is a more significant danger of fatalities. In this blog we look at five leading trucking wreck causes in the Commonwealth.

Trucking accidents can be caused by a driver or a mechanical or a loading failure. However, driver error is the most common cause of trucking crashes.

Five leading trucking wreck causes

A truck wreck

Five Leading Trucking Wreck Causes

1 Drivers Following Too Closely

We have all had a feeling of unease when we look in our mirrors and see a big rig closing on us. We are right to have concerns.

This article in HG.org states it takes a semi- truck  about 525 feet to come to a complete stop. The equivalent figure for a passenger car is 316 feet. In wet weather, you can multiply that distance by at least two.

We have helped many clients who have suffered serious injuries after they have been rear-ended by trucks following too closely.

2 Trucker Fatigue

Federal laws are intended to prevent truckers falling asleep at the wheel. The hours of service regulation are frequently criticized and flouted. As many as 28 percent of truckers suffer from sleep apnea, according to the Department of Transportation. Sadly, in many cases the condition is not adequately treated. The Federal Motor Carrier Safety Administration sets the hours of service rules. Truckers must take breaks by law.

That does not stop truck drivers from falling asleep at the wheel and causing horrendous accidents.

3 Mechanical Failures

There have been numerous incidences of brakes failing on heavy trucks, tires blowing out or other defects. Truck companies are under a legal obligation to maintain their rigs. Truckers also have to perform inspections before setting out. If you are injured or if a loved one was killed by a defective truck, you or family members often have recourse to sue the trucking companies.

Trucking Wreck Causes – Driver Illness

 

4 Physical Conditions of the Driver

Two years ago, the Large Truck Crash Causation Study by the FMSCA identified medical conditions like the driver suffering a heart attack or seizure, or being physically impaired as a cause of crashes. We are suffering from a shortage of truckers. This means more companies are employing people with physical conditions.

If a trucker has a condition like diabetes or sleep apnea that is not properly treated, the trucking company can be liable for a crash. A company can also be liable for failing to vet a trucker for past driving offenses like DUIs, or a history of substance abuse.

5 Improper Loading of a Truck

A loading company can be liable if it fails to follow the meticulous regulations related to a truck’s cargo. A driver should also inspect the cargo for obvious issues. Poor loading can cause a tractor trailer to become unstable and topple over. We have also seen cases in which debris or materials have fallen off trucks and caused accidents.

If you or a loved one has been injured due any of these trucking wreck causes or the fault of a driver, please call our Virginia truck accident injury team today at (757) 455-0077.

 

 

Virginia Conference Considers Underride Bar Crashes

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The issue of underride bars on big rigs has been a concern of safety groups for years.

The problem relates to structural weaknesses of the steel bars on the backs of tractor trailers which mean they often fail when vehicles crash into them and allow smaller vehicles to slide under trucks, with devastating consequences for the drivers.

Underride bars on trucks

Recently, a conference was held in Virginia to look at this problem and how the safety regime can be improved.

Our Virginia trucking accident lawyers have looked at this topic in the past. We believe a number of deaths in Virginia could have been averted if trucks had more sturdy underride bars.

The Insurance Institute for Highway Safety held a roundtable in Virginia in May to look into this serious issue.

Almost 90 safety advocates researchers, policymakers and representatives from the trucking industry convened at the Insurance Institute for Highway Safety’s Vehicle Research Center to tackle the problem of big rig underride crashes.

The aim of the conference was for the experts to examine the scale of the problem and brainstorm ways to cut down the risks through both voluntary actions and regulation.

Topics discussed included:

    • More effective underride guard designs;
    • More conspicuous safety features;
    • Better enforcement of existing laws;
    • Adoption of crash avoidance systems.

Upgraded Underride Bars Rules Are Pending

The conference also looked at how cyclists and pedestrians may be injured in side underride crashes, a problem that’s more likely to occur in urban areas.

The roundtable heard how an upgraded standard for rear underride guards is pending with the National Highway Traffic Safety Administration (NHTSA). Regulators are also considering a requirement for rear guards on single-unit trucks like delivery trucks and garbage trucks.

People who lost loved ones in truck underride crashes also addressed the event. They included Marianne Karth, who lost her teenage daughters AnnaLeah and Mary in an underride crash six years ago. You can watch the web cast from the event by signing up here.

Underride crashes are very tragic and unnecessary. It saddens me that it is taking regulators so long to make improvements to trucks to rectify a simple problem. If you or a loved one has been hurt in a trucking crash, call us today at (866) 455-6657.

John Cooper

 

Steel Beams Killed Trucker When He Slammed on the Brakes

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Improperly secured loads can cause havoc if the load we are talking about is something like logs or steel beams.

Although the victims in these kinds of crashes are often other drivers, truckers have also been killed or seriously injured by their own loads. I was horrified to read a report last month from Indiana in which a truck driver lost his life when steel beams came loose and crashed through the cab of his truck after he had slammed on the brakes.

The incident took place on US 20 in Indiana, just west of I-69, reported Wane.com.

The deceased driver was later identified as Shawn H. Spencer, 44, of Rome, Pennsylvania.  He was the only occupant of the truck.  He was reported to be traveling west on the interstate when the accident happened. It’s not clear why he stopped abruptly.

My thoughts are with the family of this trucker. Those who drive trucks are often the victims of big rig crashes. If a truck is improperly loaded, the family of a deceased truck driver has grounds to file a lawsuit against a trucking company or a loading company. A hazardous cargo such as steel beams should not come lose in the event of a sudden stop.

Dangerous Loads Lead to Lawsuits

The truck was owned by a trucking company in Arnot, PA. It had a maximum load weight of 80,000 pounds. The media report stated that the Angola Police Department closed westbound US 20 for about five hours while crews cleaned up the scene.

Cooper Hurley Injury Lawyers has represented the victims of trucking accidents as far afield as Oklahoma. We are experienced in trucking accidents that cross state lines and have also represented truckers who have been injured in crashes and the families of deceased truckers in wrongful death claims.

The trucking industry is regulated by strict federal rules and yet, time and time again, we see these rules flouted whether they relate to loading or driver fatigue. Cooper Hurley Injury Lawyers is the author of The Best Book About Virginia Trucking Accidents. Call us for representation at (866) 455-6657 and see this page about multi-state wrecks.

 

 

Lack of Truckers Increases as Numbers Fell By 2,400 in March

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Trucking accident lawyer John CooperBy John Cooper, Trucking Accident Lawyer

Over the last few years, a serious lack of drivers has piled the pressure on the trucking industry and raised fears that more poorly qualified drivers could be behind the wheels of big rigs.

The bad news is the situation is not likely to get better any time soon. In fact, the latest figures show the trucking industry is continuing to lose jobs.

The number of employees on America’s for-hire trucking payrolls fell for the second straight month in March, plummeting by 2,400 workers, reported Supply and Demand Chain Executive.

The latest figures bring the total number of trucking jobs lost in February and March to 3,000. It’s another wake-up call to companies that are experiencing difficulty recruiting truck drivers that wages may have to go up again while shippers may be facing an end to the abundant trucking capacity they have enjoyed since the summer of 2015.

Last year I wrote about how the trucking industry needs as many as 48,000 additional drivers to meet its needs at a time when there has been a surge in demand for truckers.

The level of freight being transported around the United States is expected to increase by almost a third more by 2026.

Demand for Truckers Rises

Since the end of the recession, demand for truck freight has risen by 15 percent. The industry has struggled to meet this rise in demand, let alone a projected rise in demand of more than 30 percent in the next decade.

As an experienced Virginia trucking accident attorney, I am concerned about the lack of truck drivers. Trucking companies often cut corners to meet demand and may end up recruiting drivers with a poor record who are more likely to cause accidents.

When truckers cause serious wrecks, they are often found to be drowsy and suffering from a health condition such as sleep apnea or diabetes. There are also many truck drivers on the road who have had previous violations for speeding or possibly drunk driving.  When demand is driven by desperation, trucking companies often cut corners.

If you or a loved one has been injured in a big rig truck, you may have grounds to file a lawsuit against a driver and his or her trucking company.  For more details call us for a free consultation at (757) 455-0077.

Disappointment at Government Action Over Truck Underride Bars

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By John Cooper, Virginia Trucking Accident Lawyer

We have written in the past about underride accidents and moves to prevent these types of incidents that can often be deadly for car drivers who end up under tractor trailers.

Recently, the Institute for Highway Safety (IIHS) concluded a study related to these kinds of accidents and called on the Department of Transportation to make changes. Unfortunately, the government appears to have missed a chance to significantly strengthen these rules.

underride bars are failing in accidents

An underride bar is meant to prevent cars sliding under tractor trailers but if the bar is too weak, the driver of the smaller vehicle often pays the price with his or her life. These accidents are particularly deadly because car drivers have zero protection.

The Institute carried out tests and highlighted ways to improve these bars so as they don’t break or buckle in the event of an accident. The research led to some manufacturers bringing in stronger bars in Canada. The Institute also targeted federal agencies in the US.

Stronger Underride Bars Are Considered

In 2014, three years after the Institute originally petitioned federal regulators for tougher requirements and suggested specific improvements, the National Highway Traffic Safety Administration (NHTSA) initiated rulemaking to consider new standards for stronger underride guards on trailers single-unit straight trucks and semitrailers.

However, Torque News, a service that has been following this issue, reports NHTSA and the federal government have failed to make a sweeping change and are set to only make a minor improvement.

Tractor trailers are equipped with a set of angle-steel bars below the trailer to provide an impact-point for cars, but they are “mostly window dressing,” and the bars fold up in the case of a crash, reported Torque News.

The US is reported to be poised to follow Canada in adopting a slightly tougher standard for underride bars. IIHS states there are more effective ways to design the safety structure at the rear of trailers.

“We had hoped for a more a meaningful upgrade to the outdated standard for rear underride guards,” stated Adrian Lund, IIHS president. “As written, this proposal will have a minimal impact on safety. We urge NHTSA not to miss the opportunity to address a wider range of rear underride crashes.”

Marianne Karth, a mother from North Carolina, who lost two daughters in a 2013 truck crash has also petitioned NHTSA for more sturdy underride guards, as well as the Truck Safety Coalition, an Arlington, Virginia, group that lobbies for stronger regulations. Claims Journal reported that Karth and the group had met the Transportation Secretary to discuss the bar issue. The National Transportation Safety Board has also backed stronger guards after investigation truck crashes.

Given the considerable number or organizations that have been campaigning on this issue, it’s disappointing that the government appears to be poised to take the easy way out when it could do more. If you have been injured in an accident involving a tractor trailer, or if you have lost a loved one, call us at (757) 455-0077 for a free consultation.

Four People Sue Trucking Company over West Virginia Coal Truck Accident

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By John Cooper, West Virginia Trucking Accident Lawyer

In coal mining communities such as West Virginia, coal trucks are a constant danger on the roads. These are heavy vehicles that require long stopping distances. However, the roads of West Virginia are narrow and winding in many of the mountainous regions.

Recently, the West Virginia Record reported on how four people are suing King Coal Trucking LLC after they claim one of its coal truck drivers caused an accident that left them injured. The report stated the dump truck driver was also named as a defendant in the suits.

The West Virginia Record reported that the accident occurred on April 1, 2014. Sheila Allen was driving a 2014 Mitsubishi Lancer north on W.Va. 10. Three passengers were in the car.  The complaints that were filed this month  in Logan Circuit Court stated they were hit by the coal truck and suffered injuries and damages as a result of the actions of the trucker.

The lawsuit stated the truck driver owed occupants of the car a duty to exercise reasonable care in the operation of his coal truck which he breached by driving at an unsafe speed for the conditions and failed to maintain control of his vehicle, according to the lawsuits.

The plaintiffs in the case claimed the driver’s employer, King Coal, was responsible for his actions, because he was operating within the scope of his employment.

The victims of the crash say they sustained injuries and damages because of the negligence of the trucker. The claim includes medical bills and other related expenses, pain and suffering, the loss of enjoyment of life, lost wages and mental, physical and emotional hardship. The plaintiffs are being represented by Samuel A. Hrko of the Segal Law Firm.

West Virginia is the scene of many coal truck accidents every year. In 2014, a woman and her two children were injured in a wreck with a coal truck at the entrance of Sharon Dawes Elementary School in Kanawha.

Deputies said a driver was turning into a school and a coal truck driver was coming up behind it. The coal truck driver was unable to brake in time, so he crossed the center lane to avoid hitting the car and crashed head-on with the van driven by the woman.

In accidents involving coal trucks and other dump trucks, the injuries sustained may be extremely serious and the occupants of cars usually suffer more serious injuries than the truckers. If you or a loved one has been hurt in an accident involving a coal truck or a dump truck, call us at (757) 455-0077 for a free consultation.

 

Electronic Stability Control to Be Fitted On Trucks

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Trucking accident lawyer John CooperBy John Cooper, Virginia Trucking Accident Lawyer

Tractor trailers can be a nightmare on Virginia’s busy interstates such as I-64 and I-81.  Drivers are often running late and driving too fast for the conditions. Trucks can easily topple over, endangering other drivers and passengers.

In the future trucks may become safer. It has been a pipe dream for some time but there is now a timetable in place for improvement now after Transportation Secretary Anthony Foxx announced last year that electronic stability control (ESC) systems will be required on large trucks and buses from 2017.

Electronic stability systems could stop trucks rolling over

A truck wreck

The National Highway Traffic Safety Administration (NHTSA) has been officially working on Electronic Stability Control for more than three years, following direction from Congress. The technology has been available for big rigs for more than a decade but this is the first time it has been made mandatory.

According to the NHTSA the new systems are designed to “reduce untripped rollovers and mitigate severe understeer or oversteer conditions” that result in a loss of control through the use of automatic computer-controlled braking and reducing engine torque output. When a driver’s own steering and braking can’t prevent a crash, ESC will kick in and maintain directional control. The system is predicted to save about 50 lives every year and prevent up to 1,759 crashes involving big trucks.

Electronic Stability Systems Will Also Be Fitted on Buses

 The Moving Ahead for Progress in the 21st Century Act of 2012, directed NHTSA to consider an ESC on buses as well.

The final rule requires ESC systems on heavy trucks and large buses exceeding 26,000 pounds in weight. Compliance is tested using a “J-turn” test that replicates a curved highway off-ramp, a common place for trucks to flip over. The requirement will take two years from 2015 for heavy trucks and three years for buses larger than 33,000 pounds and four years for buses weighing between 26,000 and 33,000 pounds.

Any measures to improve the accident rate of the trucking industry are to be welcomed. Despite a toughening up of federal hours of service rules, we still see numerous accidents being caused by drowsy and careless truck drivers.  A study by the International Institute for Highway Safety concluded the stability control, forward collision warning, and side view assist systems could cut the number of truck crashes by 28 percent.

If you or a loved one has been injured in a big rig crash, call us at Cooper Hurley Injury Lawyers for a free consultation at (866) 455-6657.

Acute Trucker Shortage Poses Dangers for Other Road Users

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John-smallBy John Cooper, Trucking Accident Attorney

A week seldom goes by without us reading about a terrible trucking accident somewhere in the country that has been caused by the driver of a big rig.

As a Virginia trucking accident attorney, I have to wonder if the chronic shortage of qualified truck drivers that’s currently plaguing the industry, is having an effect on the quality of drivers.

Bill O’Mara of Cooper Hurley talks about the trucker shortage

Despite high-profile attempts by trucking companies to recruit more drivers, interest appears to be waning in the trucking profession, at the same time as demand is growing for the services of drivers. I am concerned that too many poorly drivers are behind the wheel of these dangerous vehicles.

If a company hires a driver who fails to meet rigorous standards and he or she causes an accident, it can be subject to liability in a personal injury or wrongful death lawsuit. Trucking accidents are a regular occurrence in Virginia, and leave those involved with devastating injuries, while others even result in death. Many of the drivers who cause these accidents do not possess adequate training or qualifications to operate a multi-ton tractor-trailer. Some of them may have untreated medical conditions such as sleep apnea, which can be lethal when you are behind the wheel of an 80,000-pound vehicle.

The trucking industry is in need of 48,000 additional drivers to meet its needs.  Recently we noted how the increase in demand associated with the improved economy has been linked to an upsurge in freight being transported by road.

In a recent report, USA News noted the trucking industry carried nearly 10 billion tons of freight in 2014 – more than two-thirds of all goods transported within the United States, according to American Trucking Associations, a national trade group. The amount of freight being transported around the nation is expected to rise almost 30 percent more by 2026.

However, the 15 percent increase in truck freight since the recession of 2007 has not led to many more drivers being recruited.

To fill such a large void, companies are hiring drivers with little to no experience operating commercial, long-haul vehicles.  Logically, under-trained and inexperienced drivers are likely to make more mistakes on the roadways of Virginia than their more tenured co-workers.  However, when mistakes are made by the drivers of tractor trailers, the consequences are often magnified to a much greater degree than in other motor vehicle accidents. Although we hope that companies consider the greater good of the public when making business decisions, the reality is that many focus only on the financial bottom line.

If you or a family member has been injured in a trucking accident, it is important that an investigation of the truck driver’s credentials is conducted to determine whether he or she possessed the proper qualifications and was provided the necessary training and safety protocols.  The attorneys at Cooper Hurley Injury Lawyers are here to assist you in your investigation and, if needed, pursue legal action. Call us at 757.455.0077 for a free consultation.

 

Texas College Mourns After Truck Kills Four Students in Oklahoma

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Tractor trailer accidents can be tragic but few this year have been as horrifying as a crash that killed four student athletes from North Central Texas College, in Oklahoma last month.

The Associated Press reported on how the North Central Texas College athletic bus for the women’s softball team was returning from a scrimmage when a tractor-trailer veered into oncoming traffic and broadsided the bus. The horrific crash killed four of the players, and left several others with serious injuries. Our thoughts are with the families of those involved in this terrible crash.

The reason for the 18-wheeler’s sudden movement across the median into the other lanes of traffic is unclear, but investigators say that it will be further analyzed as if it were a homicide. Oklahoma Highway Patrol Capt. Ronnie Hampton stated: “Something happened to cause (the truck) to depart the roadway and impact the other vehicle.”

There are a number of causes of serious tractor-trailer crashes, ranging from driver fatigue to inattention, medical conditions or a mechanical failure on a truck or improper loading. In cases like this, the families of victims often have grounds to bring wrongful death lawsuits against trucking drivers and other defendants as well as the truck driver. Cooper Hurley Injury Lawyers has written The Best Book About Virginia Trucking Accidents which deals with questions such as who is liable in a trucking accident with injuries or fatalities. Call us at 757.455.0077 for a free copy.

Driver of Jeep is Killed in Accident Involving Cement Truck in Amherst County, VA

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By John Cooper, Virginia Trucking Accident Lawyer

The driver of a Jeep died when she was involved in a collision with a Mack CTP cement truck on Route 60 in Amherst County, VA.

A Mack cement truck

A Mack cement truck

The fatal crash involving an SUV and a cement truck occurred on Route 60 on July 4, 2013, reported WSLS10. The accident took place about 300 feet east of Route 778, around 11:20 a.m.

Virginia State Police said a 1996 Jeep Cherokee was traveling along Route 60 when it “lost control and crossed into the oncoming traffic”. Tragically, the Jeep struck an oncoming 2007 Mack CTP cement truck.

Police said the driver of the Jeep, Mary A. McKinney, 43, of Amherst, Va., died at the scene. She was wearing a seat belt. Police are investigating when she lost control of her vehicle.

As Virginia trucking accident lawyer, I see many crashes in which big rig drivers are to blame. But, in many other cases they are injured by the carelessness or recklessness of drivers of smaller vehicles, as well as trucks.

If you have been injured in a truck accident in Virginia, you should contact an experienced Virginia tractor trailer accident attorney for a free consultation.

The Virginia and North Carolina truck accident injury law firm, Cooper Hurley, handles automobile, truck, and motorcycle injuries as well as other injury cases. John Cooper and Jim Hurley have over 40 years of combined experience in handling truck injury accident claims across Virginia and beyond.

Cooper Hurley represents people hurt in accidents in Virginia Beach, Norfolk, Portsmouth, Suffolk, Chesapeake, Hampton, Newport News the rest of Virginia, West Virginia and North Carolina. Our motto is “Your Injury, Our Fight.” The firm is recognized by other lawyers as “AV” by Martindale-Hubbell, a national attorney rating service, for our top level of legal skill and highest ethical standards. If you need help or advice about a serious injury caused by a big rig, please call us at 866-455-6657 or contact us through this website.