Wilmington Personal Injury Lawyer - Tractor-Trailer Accidents

Mother Hit By Tractor Trailer While Changing Tire on I-40 Highlights Need For Safety Precautions

Jean Martin — Thu, 17 Sep 2009 09:35:03 GMT

An update on the I-40 accident from last week:

Kristen Anne Belair stopped to change her tire just before 1 p.m. Wednesday alongside the eastbound lanes near the Burgaw exit, said Sgt. W.L. Thurston of the N.C. Highway Patrol. She had two children in her car, ages 10 and 8. The children were not hurt, and neither was a retired agent of the N.C. Alcohol Law Enforcement Division who stopped to assist Belair.

A trust fund has been set up to benefit Belair’s two children. Anyone can make a donation to the “Kristen Belair Memorial Fund” by visiting any Carolina First Bank branch, said Steve Allen, an attorney who helped the family set up the trust. He said he was told Belair did not have a life insurance policy.

While the actual cause of the accident hasn't been verified, authorities believe the victim was struck by a bulldozer that was partially hanging off the side of the truck. This would have placed the truck in violation of federal safety codes.

Unfortunately, safety violations such as this may be more common than we would like to think. According to the American Association for Justice, which compiled data from the Federal Motor Carrier Safety Administration, over 28,000 motor carrier companies in the United States are in some violation of federal safety laws. These violations may include operating trucks with faulty brakes or tires, overloading the trucks, or hiring unqualified or poorly-trained drivers. Often, companies are aware of these safety violations, and do nothing to fix the problem because to do so would be too expensive.

Any of these safety concerns would be dangerous enough in a family-sized car, but the sheer size of commercial trucks makes these violations much worse. The vast majority of people who are killed in an truck-involved accident are the people in the other vehicle, so companies that cut corners on safety are putting innocent people at risk. Add the fact that truck drivers often have a lowered sense of caution, due to their safety in the bed of a large vehicle, and you have a recipe for disaster.

West Virginia and North Dakota are the most dangerous states in terms of safety violations, but no state's roads are completely safe. Therefore, it is more imporant than ever that you drive responsibly and stay aware of your surroundings. Your life is too important to leave in someone else's hands.

Originally posted at InjuryBoard by Jean Martin

"He Who Hesitates Is Lost" - Tractor Trailer Accident Investigation

Gary Shipman — Mon, 10 Nov 2008 17:56:18 GMT

It's the morning after. You or someone you love is hospitalized with serious injuries, or worse, is dead, as the result of a major collision involving a tractor trailer. The last thing on your mind (for understandable reasons) is a lawyer. However, one of the first things on the trucking company's corporate mind is a lawyer and the insurance company that the lawyer works for, and rest assured, efforts are being made by both to secure, and in some instances, hide or alter evidence that will ultimately prove detrimental to the trucking company or the driver. While there is little that a lawyer can do to change the past, there is much that a lawyer can do to insure that all available evidence is secured so that a complete and thorough investigation can be undertaken.

Immediately after an accident, the driver will notify the motor carrier. It is common that the carrier and its insurance carrier will immediately dispatch an investigator, hired by the insurance company, to the scene of the accident. We have actually seen photographs taken by law enforcement personnel on the scene that have revealed the presence of insurance company representatives and investigators taken almost immediately after an accident. Those investigators are not there to assist law enforcement personnel; they are there to assist the trucking company and its efforts to avoid liability.

If the law enforcement agency investigating the accident has experience investigating cases involving tractor-trailers, the driver’s log book would typically be examined and/or secured. Alternatively, if the law enforcement agency does not typically investigate such accidents, and therefore, fails to recognize the importance of information contained within the log book immediately after the accident, the driver and the trucking company will gain control over the log book and its content. The Federal Motor Carrier Safety Regulations contain certain mandatory requirements for log books, and in the event that the driver’s log book is not complete, the motor carrier and the driver will begin the process of insuring that it is complete. Most importantly, the log book contains information regarding inspections undertaken by the motor carrier and the driver, and what those inspections revealed. Motor carriers and drivers routinely violate the record keeping requirements imposed under the FMCSR’s, and therefore, gaining access to the log book as soon as possible after the accident is critically important.

The vehicle itself, and the trailer is moved from the accident scene once law enforcement agencies clear the accident scene. It is not at all unusual for the vehicle and the trailer to have totally disappeared by the time that a lawyer for the injured claimant gets involved, if a period of weeks elapses between the time of the accident and the date that the lawyer is retained. By that time, motor carriers will contend that it was “necessary” to make repairs to the vehicle/trailer so as to get it back on the road. However, valuable evidence regarding the condition of the vehicle then disappears. Similarly, most vehicles are equipped with computer tracking devices, that record information regarding vehicle speed, destinations, stops/starts, etc., all of which are important in determining liability. However, weeks later (even though the FMCR’s require this information to be maintained by the motor carrier) that information may be “lost.”

The accident scene must be carefully analyzed by an independent accident reconstruction expert, in the event that the investigation conducted by law enforcement personnel does not adequately assess all of the important issues, ranging from lighting conditions, sight lines, and braking distances. If a period of weeks or months elapses, some of the “physical” evidence may have disappeared.

It is therefore important that: (a) someone injured in a tractor trailer accident retain an attorney who has experience handling cases of this type; and (b) that the attorney be engaged as soon as possible. It is not an issue of “looking bad” by immediately hiring a lawyer. It is the issue of insuring that critical and valuable information is secured, and that may necessitate the filing of a lawsuit, immediately, to secure that information.

Originally posted at InjuryBoard by Gary Shipman

Jury Awards $18 Million in Tractor Trailer Accident

Gary Shipman — Mon, 30 Jun 2008 17:53:44 GMT

A jury in Wyoming has awarded more than $18 million to a man injured in a tractor-trailer accident in 2006. The plaintiff, an Irish immigrant, suffered a severe traumatic brain injury when the vehicle he was driving was struck by a tractor-trailer truck attempting to merge onto a busy interstate, causing the vehicle to spin and ultimately be struck by another tractor-trailer.

Lawyers for the man argued that it is likely that he will never work again, and that his medical expenses for the rest of his life are substantial. The jury agreed, awarding the man more than $15 million, and his wife more than $2 million.

Originally posted at InjuryBoard by Gary Shipman

Paramedics Hurt in Truck Crash

Christina Cole — Thu, 07 Jun 2007 02:02:48 GMT

Two paramedics were injured when their MEDIC truck overturned at least twice in a trucking accident this morning. "There was certainly potential for serious injuries, we are thankful these guys weren't seriously injured," said a MEDIC spokesman.

The two-person crew was in transit to a call near Charlotte/Douglas International Airport at approximately 11:15 a.m. when the trucked rolled over. Police are investigating, it is currently unclear as to what caused the truck accident.

The truck came to rest on its left side. One of the paramedics were trapped inside and Charlotte Fire Department had to pull the roof off to release him from the vehicle. Both paramedics were transported to Prebysterian Hospital.

Both men were wearing seatbelts thankfully, which prevented more serious injury, especially in a rollover accident.

Although paramedic trucks are top-heavy and susceptible to rollovers, accidents involving MEDIC crews are few and far between.

Originally posted at InjuryBoard by Christina Cole