Bentonville Personal Injury Lawyer - Tractor-Trailer Accidents

Gambling on the Road - 18 Wheelers

Sach Oliver — Thu, 10 Sep 2009 08:45:00 GMT

One in five chances in the lottery would not be so bad. Would you take the same chances on the road? Chances on what? A recent study (June 2009) conducted by the Commercial Vehicle Safety Alliance shows that for every large truck on the road, one in five were unable to pass inspection, and thus had to be removed from service.[1]

Passing an inspection might not seem like a huge deal, until you consider the fact that over half of these violations were accounted for by defective brakes.[2] That is right -- big, heavy trucks with defective breaks. This is not really what one would consider a “winning hand.” The problem does not stop there. One-percent of truck drivers were also found to be under the influence of alcohol or drugs.[3]

How Does Arkansas Weigh Up?

Arkansas has a relatively low population when considered nationally, but astonishingly, comes in 9^th (ninth) on the list of states with the most companies in violation of safety requirements per 100,000 people, with 23 companies having violations in 2009.[4] Nationally, it is estimated that there are over 200,000 trucks operating with safety violations.[5] These safety violations do not stop with big trucks, with a significant number of these violations coming from buses, cargo tankers, and motor coaches.[6]

At What Cost?

It is disturbing to find out that so many trucks with safety violations are on the road. The question must be asked as to why this is the case. Those involved in the trucking business see very low profit margins, and violating safety standards allows these companies to maximize profits.[7] Illegally overloading trucks, exceeding speed limits and maximum driving hours, as well as failure to maintain tires and brakes are just a few of the ways that trucking companies cut costs.[8] There can be serious consequences however, for such conduct. “Fatalities per miles driven are 56% higher for trucks than for all motor vehicles combined.”[9] Sadly, in 2007, trucks accounted for 4,808 fatalities across the U.S. with 114 of those deaths in Arkansas.[10]

This just covers the surface of some disturbing findings about trucks across the nation. I would encourage you to read the whole report for yourself at www.justice.org/trucksafetyviolations. Awareness is an important factor in promoting trucking safety, and while the odds of running across a truck with safety violations will never be as low as those of winning the lottery, that should be our goal.

[1] “Warning! Safety Violations Ahead: Motor Carrier Companies Keep Unsafe Trucks on U.S. Roads,” pg. 5, available at: www.justice.org/trucksafetyviolations, (accessed September 3, 2009).

[2] Id.

[3] Id.

[4] Id. at 4.

[5] Id. at 3.

[6] Id.

[7] Id.

[8] Id.

[9] Id. at 2.

[10] Id.

Originally posted at InjuryBoard by Sach Oliver

Truck Accidents; Are Truck Drivers The Cause

Frank Bailey — Mon, 05 Jan 2009 18:44:51 GMT

Truck drivers, involved in truck wrecks are ten times more likely to be the cause of the wreck than other factors, such as weather, road conditions, and vehicle performance according to a study released by the Federal Motor Carrier Safety Administration (FMCSA).

The Large Truck Crash Causation Study was commissioned by FMCSA to review the causes of, and contributing factors to, crashes involving commercial motor vehicles. While previous data focused on specific crashes and/or individual causes of crashes, this study was the first nation-wide examination of all pre-crash factors. Comments to my previous blog that the drivers of cars are the main cause of these crashes seems to be unfounded.

"This study makes it clear that we need to spend more time addressing driver behavior, as well as making sure trucks and buses are fit for the road," FMCSA Administrator Annette M. Sandberg said. "The multitude of data now available will allow us to analyze specific areas of behavior and work with our industry and safety partners to develop an agenda on driver safety that will improve commercial motor vehicle driver performance."

FMCSA will conduct analysis to further examine driver factors such as use of prescription and over-the-counter drugs, speeding, fatigue, inattention, distractions, work environment, and unfamiliarity with the road.

The study, conducted with the help of the National Highway Traffic Safety Administration, investigated a national sample of fatal and injury crashes between April 2001 and December 2003 at 24 sites in 17 states. Each crash involved at least one large truck and resulted in at least one fatality or injury. The total sample of 967 crashes included 1,127 large trucks, 959 non-truck motor vehicles, 251 fatalities, and 1,408 injuries. Action or inaction by the driver of either the truck or other vehicle was the critical reason for 88 percent of the crashes.

The data offer unprecedented detail about the events surrounding truck crashes that are not available anywhere else. The study is available to the public to encourage further analysis and increase the knowledge about large truck crash factors.

Originally posted at InjuryBoard by Frank Bailey

Trucking Accidents and Safety Standards

Frank Bailey — Wed, 17 Dec 2008 15:02:26 GMT

We know that almost 5,000 people are killed each year in big truck wrecks. In this part of Arkansas we have even more big truck wrecks due to the growth of our area and the nature of local businesses. Because of their size, crashes involving commercial trucks are devastating to pedestrians and occupants of smaller vehicles.

The consumer protection group Public Citizen works for improved oversight of our nation's commercial truck fleet; more consistent enforcement of current laws governing truck safety; and general consumer protection from dangers. We have found that the larger carriers have a much safer track record than the small operators. In a recent case, we found the fifth axle had no brakes at all and the steering column was held on to the universal joint with a radiator hose clamp and a bunge cord!

Unfortunately, the Federal Motor Carrier Safety Administration (FMCSA), the agency created by Congress to improve the safety of commercial motor vehicles has not kept up with the deadlines that were set by Congress for a host of of vital safety standards. Public Citizen and other safety advocates sued the government to enforce these standards, some of which are more than a decade late, and won.

Parents Against Tired Truckers (PATT) has a website filled with vital information. I urge everyone to support this group and make our highways safer.

Originally posted at InjuryBoard by Frank Bailey

R.H. Sheppard Company M100 Power Steering Gears and Trucking Accidents

Sach Oliver — Mon, 08 Dec 2008 16:54:29 GMT

This past week we were in Mountain Home, AR with trucking experts doing an inspection on an 18 Wheeler. The 18 Wheeler was at the center of attention that day because it crossed the center line and hit two vehicles causing one death and three serious injuries. One of the issues during the inspection was whether or not the pitman arm had broken off of the power steering box (gears) before or after the 18 wheeler rolled over on its side.

Jeff Neiderer from R.H. Sheppard Company, Inc. in Hanover, Pennsylvania flew down here for the inspections. Mr. Neiderer completely disassembled the power steering gear box and was able to determine the pitman arm broke after the 18 wheeler made impact and rolled on its side. Therefore, it was not a causing factor in the wreck.

While I was watching Mr. Neiderer I was quite amazed at the technology involved with the M100 Power Steering Gear Box. The M100 is designed for heavy duty line haul trucks and heavy bus applications with a front axle rating between 10,000 and 14,000 lbs.

The Specifications for the M100 are as follows: (the left column is in US Standard Units and the right column is metric units)

Front axle range*	10,000 - 14,000 lbs	4,545 - 6.363 kg
Output torque @rated pressure 90% efficiency	45,350 in/lbs	5,124 Nm
Rated pressure	2,350 psi	162 bar
Minimum pump flow @1.5 H.W.T.	3.0 gpm	11.3 lpm
Pump flow range single systems	3.0 - 4.5 gpm	11.3 - 17.0 lpm
Ratio	18.9:1
Gear travel	95 degrees
Maximum operating temperature	250 degrees F	121.1 degrees C
Output shaft diameter	2.00 in	50.8 mm
Approximate dry weight	75 lbs	34 kg
Pump flow range dual w/M80 slave	5.1 - 6.0 gpm	19.3 - 22.7 lpm
Pump flow range dual w/M90 slave	5.5 - 6.5 gpm	20.8 - 24.6 lpm
Output torque @2350 psi 90% efficiency dual w/M80 slave	73,440 in/lbs	8,297 Nm
Output torque @2350 psi 90% efficiency dual w/M90 slave	83,275 in/lbs	9,407 Nm

I am going to simplify this quite a bit and for a more detailed explanation, you should contact R. H. Sheppard, however inside the M100 there was a shaft. If the shaft has little indentations on it, then that meant the pitman arm broke after impact, however if the shaft was indentation free, then the pitman arm broke before impact. Well, he counted 16 dents. This was good news for our clients’ cases in litigation.

Originally posted at InjuryBoard by Sach Oliver

Trucking Accidents and Driver Fatigue

Frank Bailey — Wed, 26 Nov 2008 18:07:34 GMT

When a truck driver gets tired the driver should stop driving. Driver fatigue is a major factor in tractor-trailer accidents. The U.S. Department of Transportation Safety limits the number of hours a driver may be at the wheel. These regulations are different for drivers carrying a load from drivers transporting passengers. The government makes these rules for our safety. The rules govern the maximum number of consecutive hours a driver may drive as well as the maximum consecutive hours a driver may be on duty. The DOT regulations also outline the requirements for record keeping in the driver’s log where he records his duty status for every 24 hour period.

A driver’s working conditions can be a factor contributing to driver fatigue. Drivers who are paid by the mile or by the load have a financial incentive to drive without sufficient periods of rest. The faster they complete load and the more miles they cover result in higher pay outs for the driver. Often the trucking company will encourage drivers to work longer hours to benefit the company’s bottom line. This sets the company up for punitive damages.

Over this holiday season it is especially important to keep a lookout for truckers who are fatigued. It is better to stay way back if you see a trucker swerving rather than trying to pass the truck. A few minutes later arrival could save your life.

Originally posted at InjuryBoard by Frank Bailey

18-Wheeler Collides with Church Van in Oklahoma

Ryan Scott — Thu, 16 Oct 2008 14:11:00 GMT

A van packed with five members fo the Marshallow United Church of Christ of Sprindale, Arkansas was rear-ended by an 18-wheeler early Tuesday morning, killing two of the passengers. According to reports from the Oklahoma State Highway Patrol, the vehicles were about a half-hour east of Tulsa. Apparently, the van made a wrong turn off U.S. 412 and attempted to cross the highway and make a U-turn. At that time the van was driving in front of the tractor trailer.

The truck hit the van on the front driver's side door, flipping it about four times before it came to rest in a ditch. This tragic occurance is a sad illustration of the danger of improperly operated 18-wheelers. We do not yet know if the 18-wheeler was following too closely. However, even without that knowledge, this wreck shows how devestating a collision can be with such a massive vehicle traveling a high speeds.

Our hearts and our prayers go out to the family of the victims.

Originally posted at InjuryBoard by Ryan Scott

Tractor-trailer Rig Causes Death

Frank Bailey — Tue, 01 Jul 2008 14:37:32 GMT

Not a day passes we don’t hear of an innocent person killed by someone’s negligence. Just yesterday a Harrison woman was killed when the rear axle of a tractor-trailer came off, crossed the center line and hit her pickup truck near Green Forest.

There is no excuse for owners of tractor-trailers to let their equipment go unrepaired. We live in a society that values life. Some owners of tractor-trailers seem to value money more than the lives of innocent people. How can they sleep at night knowing they are allowing unsafe vehicles on our highways…just to make an extra buck?

Just this morning I was writing about the new devices available to track repairs, speed, and driver hours in these tractor-trailer rigs. Our government needs to do something to ensure our highways are safe. If everyone would contact their government representatives and demand something be done about these big trucks, it might get the ball rolling.

If the Federal Motor Carrier Safety Administration did its job, this kind of thing wouldn't happen.

Originally posted at InjuryBoard by Frank Bailey

Post-Suit Investigation/Discovery In 18 Wheeler Trucking Case

Sach Oliver — Wed, 07 May 2008 15:30:00 GMT

1) Interrogatories and Requests for Production-

The basic discovery tools of interrogatories and requests for production can be very helpful in the early phases of there types of cases. Interrogatories can give you the basic info of who, what, where, when, and how. Interrogatories are often useful for identifying witnesses with knowledge about the driver, company, insurance info, and more. Make sure you ask for the production of any recorded statements your client may have given to an insurance adjuster. Requests for the production of documents should cover every area imaginable. Records regarding:

· The Purchase

· Ownership

· Maintenance

· Use of the Truck

Dispatch records of phone, and paper logs, bills, or anything that would show contact between the driver of the truck, and the dispatcher, while the driver is on the job, should be requested. If the target operator is not of your party, serve a subpoena requesting any documents that might help identify where he or she was, and when, while contacting the driver. Use your request and gain entry onto the premises to see what kind of operation is run.

2) Corporate and Safety Documents

While requesting the production of documents, the following should be included: training materials, safety meeting records, and sign in sheets. Also include handouts, materials, articles, or regulations used at any safety meeting conducted by the company, or a safety consultant for the driver. Request any driver handbook, corporate mission statements, disciplinary policies and procedures, or other policies and procedures that might matter. In preparation for an objection from Defense Council, request only the table of contents from the policies and procedures in the initial request. This will allow you to select specific policies from the manual.

3) Depositions

Deposition keys of the key parties are crucial during the discovery phase. There are many orders in which to order the depositions. Regardless of order, everyone who has information about the wreck, or the working of the truck company should be deposed.

Any list of deponents in a truck wreck should include the following-

· Truck Driver

· Company Safety Director

· Company Document Custodian

· Corporate Designee

· Dispatcher

· Maintenance Director

· Mechanics involved in repair

· Training Personnel

· Human Resources Personnel, if any

· Investigating Officers

· Tow Truck Drivers

· EMTs/Ambulance Personnel

Absolutely everything should be checked in an investigation of a truck wreck. Time is an important factor, and the investigation should proceed as soon as possible.

Originally posted at InjuryBoard by Sach Oliver

Pre-Suit Investigation in 18-Wheeler Trucking Cases

Sach Oliver — Sat, 05 Apr 2008 08:13:43 GMT

After a catastrophic wreck involving an 18 wheeler it is crucial the family contact an experienced attorney immediately. An immediate and thorough investigation after the accident can make a huge difference in the outcome of the case. Unfortunately, big truck wrecks often cause major injury that will result in astronomical past and future medical bills, past and future lost wages, excruciating pain, and many other expensive harms. You need a law firm to do the following things immediately to make sure your loved one is properly compensated.

1. Retain a Trucking Industry/Accident Reconstruction Expert: Important information can be lost forever in the investigation is not preformed accurately and immediately. This is the best step to lay the groundwork for a great case. A well qualified expert in the trucking industry can assist in gathering all the evidence necessary to guide the case. Experts know what documents are needed to find out the truth behind the wreck. A expert will examine the brakes, gearing and rear-end ratios, and load configuration of the big truck after the wreck to see if truck meets the Federal Motor Carrier Safety Regulations. Often these trucks have electronic control modules (ECMs) that record data generated by the truck and its engine. Our firm is equipped with a team of experts who can immediately assist after a 18 wheeler accident.

2. Preserve the Vehicles: We must preserve both vehicles after the wreck. We must contact the trucking company immediately and demand they preserve the truck. When we inspect the truck we are looking for when the truck went back to service, photographs of the truck, all the full and complete repair records, the names and contact information of the person who decided to repair/not repair the truck and place the truck on the highway, all drivers of the truck in the past, and the mechanics who worked on the truck before and after the accident. The accident victim's car should preserved and inspected just as closely as the big truck was inspected.

3. Visit the Scene and Inspect the Vehicles: We will visit the scene with our expert as soon as possible. Some signs to look for are scuff marks and other markings on the road surface that may help prove how the wreck happened and who was at fault. Photographs should be taken from all angles of the scene including all road signs, intersections, foliage and other facts that could influence the case. Details make the difference. Accurately measure the roadway and any grades approaching the point of impact. Also measure the shoulder widths, and any potential escape routes that may have been available to either driver.

4. Seek and Preserve Records and Documents: Within hours after of the wreck, a letter and a phone calls should be sent to the trucking company demanding the preserve all of the following information: the trucker's log book, maintenance records, the truck driver's employee file from the company and the state, bills of lading, drug and alcohol testing records, truck driver's physical reports, witness statements, truck repair records, photographs, safety records, driver/vehicle condition reports, fuel receipts, toll tickets, fuel tax records, electronic control module downloads, equipment lists, toll tickets, engine records, and all other potentially relevant evidence. This letter should be sent via certified mail.

5. Acquire the Police Report and Investigation Notes: Drive to the police station and pick up the police report. Most importantly, visit/interview the investigating officers who prepared the report. We are looking for all the facts about the wreck and any statements made by either party after the wreck.

6. Interview Emergency Responders, Tow Truck Drivers and others: These folks often know a tremendous amount of information about the amount of damage the accident victim suffered. They also overhead all conversations, statements, or gestures they may prove helpful. The tow truck driver was in the cab of the truck and we ask them if they say pill bottles, beverage cans, an open cell phone, partially eaten food, or any information that might aid in determine the causing factors of the wreck.

7. Find All Witnesses: Interview all witnesses as soon as possible. Other drivers on the highway, surrounding businesses, surrounding homes, pedestrians, and the list goes on. Our firm records these conversations if possible.

8. Check Media Outlets: Another source of information is the local media. Often times the media has taken television footage or professional photographs of the accident. Reporters often interview witnesses and tape or record the interview.

Contact our firm immediately after a big truck wreck and let us promptly start the investigation. Taking these steps will ensure a proper foundation to successful litigation.

Originally posted at InjuryBoard by Sach Oliver

Tara E. Clark killed in Trucking Accident - Lawyer

Sach Oliver — Wed, 05 Dec 2007 10:02:17 GMT

A 36 year old Bella Vista woman was killed in a two-vehicle accident on U.S. Highway 71 in Jane, Missouri around 10:30pm Sunday night. A Kenworth tractor-trailer caused the accident. The Missouri State Highway Patrol is investigating.

Harry E. Black who is age 40 was driving, eastbound, in his 2002 Buick. Tara D. Clark was his passenger. Their car was struck in passenger's side by a Kenworth tractor-trailer going north on 71.

Black suffered serious injuries and was flown to Northwest Medical Center in Bentonville. Michael D. Sams who is age 49 was driving the Kenworth tractor-trailer. Sams is from Texarkana, Texas and he was not injured in the accident.

The Mcdonald County, Missouri coroner pronounced Clark dead at the scene. This is truly a tragic situation.

Our firm handles trucking litigation and helps families of lost ones during their time of need. A thorough investigation needs to be conducted into this driver's background and into the policies and procedures of the company he was driving the truck for. We know how to conduct such investigations.

If someone has questions about this accident or the rights of Mrs. Clark or Mr. Black, please do not hesitate to contact our office.

For more information on this subject, please refer to the section on Wrongful Death.

Originally posted at InjuryBoard by Sach Oliver