St. Cloud Personal Injury Lawyer - Tractor-Trailer Accidents

Why Did A Semi Truck Rollover Close Highway 10?

Mike Bryant — Mon, 16 Nov 2009 07:13:30 GMT

Much of last night, U.S. Highway 10 near its intersection with Minnesota Highway 15, was closed. A 2006 Volvo semi-tractor lost control and rolled over. The road was closed until 3:00 am. Odd to see a single truck incident like that. What happened on this stretch of road:

Was it weather? Speed? Something else? This one will be interesting to find out what happened. The State Patrol is still investigating.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Semi Trucks And In Cab Computers

Mike Bryant — Sat, 07 Nov 2009 09:32:00 GMT

There have been a lot of posts here at the Injuryboard covering the states that have been forward looking enough to make texting illegal while driving. Some states have added emails to ensure that there are no loopholes. For semi truck drivers, the question has now come up about their computers.

Yes, many of the trucks are now being equipped with complete laptop systems. I would guess that it gets used a lot. But, what about the law? The drivers are saying they can use them safely and responsibly. Seems to me the real question is when are you using it? I haven't seen a law yet that bans any of the items from being in a vehicle, it only prevents it's use.

Truck safety has been a big issue around here as of late. The recent study which indicated that the number of truck accidents should be of great concern and at the same time posts about what the number mean. Clearly, the size of the vehicles and the damage that is done when there is a collision has got to be considered in weighing the significance of all of the concerns. What does even a couple of seconds of distraction add to those concerns?

For anyone involved in a collision with a semi truck, it's clear that questions should be asked about the use of these items. Because, despite having a "Don't Use While In Motion" warning, there is a proceed button. Yet, another reason why hiring an experienced attorney can make a difference to you.

Originally posted at InjuryBoard by Mike Bryant

Big Trucks Kill! - The Dangers of 18-Wheelers

Joe Crumley — Tue, 13 Oct 2009 08:14:00 GMT

Sharing the road with big rig 18-wheelers is dangerous. These large and powerful trucks often weigh 25 times more than the average passenger car. So, it goes without saying, that when these multi-ton behemoths are involved in crashes, the amount of damage and resulting injuries tend to be catastrophic. Passenger-car drivers face many risks when they share the road with the big dogs.

Here are images from professional towing companies.... Some with cars and some just trucks... but look carefully, there's not much left of many of the cars: http://www.youtube.com/watch?v=maWm4LC5q5c

http://www.youtube.com/watch?v=4NeH3N9GoVk

Many semi-truck wrecks occur because the driver is tired, inattentive or distracted. Sometimes they are under the influence of alcohol, prescription/non-prescription drugs or are driving aggressively, too fast, or too close to other vehicles. The Federal Motor Carrier Safety Administration undertook a three year study to analyze the causes of large truck accidents. That research found:

For all crashes in the study (single and multiple vehicle crashes), trucks were assigned the critical reason in 55 percent of the cases. Driver reasons accounted for 87 percent of the reasons, and most involved failure to correctly recognize the situation or poor driving decisions. Thirteen percent of the coded reasons involved the truck, weather conditions, or roadway problems. The most common associated factors recorded were driver factors, such as legal drug use, traveling too fast for conditions, unfamiliarity with the roadway, inadequate surveillance, fatigue, and feeling under pressure from motor carriers. The most common vehicle associated factor was brake problems. Traffic flow interruption and requirements that the driver stop before the crash were prevalent roadway factors.

For two-vehicle crashes involving a truck and a passenger vehicle, trucks were assigned the critical reason in 44 percent of the crashes and passenger vehicles in 56 percent.

Truckie D, a trucker who contributes many excellent articles here on InjuryBoard, points out most crashes are caused by cars drivers, not truckers. The 56/44 breakdown in the FMCSA study seems to support that. But semis are driven by professional drivers, usually for commercial gain. Professionals driving dangerous behemoths must be held to a higher standard than us amateurs.

It is only fair to acknowledge that these drivers are under considerable time constraints and are often trying to meet critical deadlines. New federal regulations set forth time limits for how long truck drivers can be on the road. Some truckers, perhaps most, ignore these limits, using double logs or other tricks to gain the system.

Truckie also points out that states are closing rest stops, making it tough for truckers to find a place to rest. Many places do not allow truckers to park their 18-wheeler in their parking lot; and sometimes those places that do provide trucker accommodations are full.

But a trucker is a professional driver. Just as a professional driver should plan ahead to not run out of gas, a professional driver should plan ahead to have a place to stop to maintain compliance with the law. The alternative is to risk the lives of innocent drivers and passengers on the road. As I mentioned in a comment on his article:

... I can tell you that there are two main extreme types of truckers.

One is the very professional driver who understands that he's driving a Goliath among us Lilliputians (to mix references), and acts accordingly. I suspect that most of these guys recieved excellent training by an excellent teacher at a real driving school, have never taken a drink within 12 hours of a shift, always check lights, always do a complete inspection of their truck and trailer multiple times daily, never keep double DOT logs, never drive sleepy, and have endless patience with all the goofy things auto drivers do around them.

Sadly, there are too many clowns out there who were taught by their Grandpa or their boss, who think they're the best driver in the world, and thus can do anything, who hammer the accelerator and the brakes endlessly, who leave inspections for the guys back in the garage, or whoever had the truck before or after them. They cheat on their driving time and their logbooks, cuz laws and rules are for sissies, they party all night and get up early to drive still half-drunk or half-asleep, and they drive the same speed in a night snowstorm as a dry sunny day. Often they work doing short runs around town and not over the road. And if some idiot in a minivan or a subcompact dares pass them on the right, cuts them off a little, or drives under 80 in the fast lane, these clowns think it's a good a idea to throw "a little fear o' God in them" by putting the front bumper of his 80,000 pound behemoth inches behind their rear bumper.

It's rare, but I've seen it too many times.

There are many degrees of skill between these extemes. And sadly, most of the killed and maimed who come to me have encountered someone closer to the second driver than the first.

Passenger-vehicle drivers are unable to ignore the presence of 18-wheelers on the road. Big rig 18-wheelers can and do bully the road. They dominate it, by noise, by weight, and mostly by size. According to the National Highway Traffic Safety Administration, in 2006 one out of nine traffic fatalities resulted from a collision involving a large truck.

Horrific crash resulting in seven deaths.http://www.youtube.com/watch?v=Pw3odVTVNfA

Here's an empty squad car hit by a FedEx tandem truck while clearing another crash. http://www.youtube.com/watch?v=JpwtsCds17U&feature=PlayList&p=FC4DBB03BF4BE17C&index=14

While it’s impossible to completely eliminate the dangers of driving with 18-wheelers, there are several ways to reduce your risk. Consider the following tips:

18-wheeler Trucks Have Their Own Limitation Big trucks cannot maneuver like passenger vehicles. Oftentimes, these trucks are carrying thousands of pounds of cargo and it is difficult for them to not only accelerate, but to stop. For this reason, it’s important to avoid cutting too closely in front of trucks and avoid sudden braking.
Keep Your Distance Big trucks are hard to see around. Make sure you keep your distance when traveling behind a large truck. Following too closely prevents you from seeing potential hazards, such as pot holes and road debris. Also, if the truck doors shift loose then cargo may spill out. In addition to watching brake lights, you must keep a proper distance between your vehicle and the truck in front you.
Avoid the Shoulder of a Road If you experience car trouble or get a flat tire, try your best to get off the road. The shoulder (where most pull off to after they encounter problems) is one of the most dangerous places. Most large trucks travel in the right lane. Parking your vehicle and/or attempting repairs in the shoulder puts you at extreme risk. Shoulders are even more dangerous when roads are wet or slippery. When your only choice is to pull off onto the shoulder, move away from your vehicle and the road; then contact a tow truck to pull your car to a safe location.

Here's a guy who doesn't pull over far enough, but is it his fault, or the trucker who's not paying any attention? Regardless of that, it will be the car driver and passengers most likely killed or maimed:http://www.youtube.com/watch?v=IiiBmT6lYyQ

18-wheelers are very important. They carry large amounts of cargo across our country, and are part of the lifeblood of our economy. Long ago, our legislators made the choice to keep them on the same highway system as passenger cars, for better or worse.

But these mammoth vehicles can create dangerous situations and cause disastrous results. Drive cautiously and remain aware of other travelers on the road. Be considerate of others, consider each vehicles' limitations, and always watch out for the big rigs.

Originally posted at InjuryBoard by Joe Crumley

Semi and Jeep Collision Sends Elk River Woman To The Hospital

Mike Bryant — Sat, 26 Sep 2009 05:51:00 GMT

Friday evening, a Elk River woman was sent to the hospital after the Jeep she was was hit by a Semi truck along Highway 10 in Becker. Both vehicles were traveling westbound near Hancock St which is very close to downtown Becker.

I travel this area often, I suspect that speed played a role in this collision. It seems like too many people disregard the reality that they are traveling through a town. Two teens in the Jeep were also hurt, hopefully everyone will heal quickly.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, get care immediately and later seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Sometimes They Are Very Angry

Mike Bryant — Sat, 05 Sep 2009 09:44:00 GMT

In some cases when you meet new clients or parents who have lost children they are very angry. In many cases, it's very understandable. Their lives were changed forever by criminal acts of the defendant. They were speeding, drunk, on drugs, and/or driving when they shouldn't have been on the road. Often the anger is a cover for a deep hurt.

We sometimes have limited ability to help. This would be such a better business if we could make people better, go back and stop them from being out that day, or even help in some kind of eye-for-an eye justice. Thing is that most people really don't want that.

Justice for most is some sort of balance or restoration to their life, help with making sure the prosecuted understands what their loss is, help with the paperwork dealing with restitution or victim impact statements. I think back to a two week criminal trial that I sat through and one of the questions the jury asked the jury was if I was there to help the family who had lost their son. The judge indicated that even though there was a criminal acquittal, the jury was heartened by the thought that the family world still have some way to protect themselves.

The recent request by an Indiana truck driver for lenience to his time in prison after he lied in his log books. He was driving when he shouldn't been. As a result, he killed five and injured 28 members of a school band ho were in a bus heading home. The judge will have to determine what his punishment is, there may be nothing that the families will ever be able to receive to replace their lost. But, proper representation and someone who can be there at the time of need may help with the anger.

Originally posted at InjuryBoard by Mike Bryant

Four Killed After Collision with Tractor Trailer On I-90

Mike Bryant — Fri, 21 Aug 2009 06:15:00 GMT

Wednesday morning, four people in separate cars were killed after separate collisions with a tractor trailer. A 1996 Toyota lost control and crossed the center line striking the semitrailer truck. The truck then cross over the line and hit a oncoming minivan. The driver of the Toyota was killed, as was the driver and two teenage passengers in the minivan. Investigation continues as to the contributing factors.

Sorrow goes out for all of the families involved. These numbers are particularly unfortunate considering that overall the number of highway deaths has been down for 2009. The issues of speed are being looked at.

As with any death in a Minnesota motor vehicle collision, there are a number of issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed last year on the same topic. Hopefully, the families and friends of all involved will find comfort and solace.

Originally posted at InjuryBoard by Mike Bryant

94 Shut Down Twice Due to Semi's Collisions

Mike Bryant — Sun, 26 Jul 2009 19:44:00 GMT

This past week, Highway 94 was shut down twice when semis were involved in collisions:

On Sunday the highway was shut down for eight hours near Albertville when a station wagon tried to make an illegal U-turn and struck an oncoming truck . The truck rolled and spilled fuel. All of the drivers were treated and released.

In the middle of the week, the highway was shut down in Brooklyn Park when a fish truck was turned over and spilled 45,000 pounds of fish parts on the eastbound lane. Minnesota Department of Transportation hauled the fish away and moved the truck, which took out “a significant amount of guard rail” when it tipped over, said Don Zenanko, transportation specialist for the center.

Semi accidents usually involve more than simple spills. More than 5,000 deaths occur in truck-related wrecks each year, according to a database of truck wrecks compiled by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration. The database details more than a million accidents since 2000 involving commercial trucks or buses that weighed at least 10,000 pounds. A fully loaded tractor-trailer can weigh up to 80,000 pounds.

Originally posted at InjuryBoard by Mike Bryant

Is Minnesota Fatigue Checklist Unfairly Stopping Truck Drivers?

Mike Bryant — Tue, 09 Jun 2009 09:22:00 GMT

There was a federal lawsuit filed this past week that will look at the issue of truck driver safety. Basically, Capt. Ken Urquhart, a District Commander with the Minnesota State Patrol in the Commercial Enforcement Division created a Fatigued Driving Evaluation Checklist which was to be used by troopers in deciding if a driver should be taken of the road. Drivers have united and decided to fight the effort.

Suit was filed against the state by two drivers who are taking the position that the checklist is arbitrary. They have used the tact of pointing out that the list includes question about appearance and cab use that are either silly or not relevant to the question of how tired the driver is.

Officer Urquhart was interviewed some time ago and described the questioning as “It’s similar to the drug recognition examiner, that once you complete that training, there’s the message they tell you is that you’ll have a better working knowledge of drug abuse than most MDs do, because you’re focused, you’re focused on a very narrow aspect of that person." Drivers have responded with questions about the medical support for the testing and for the troopers to even use the list.

The court will be asked to define the use of the test and if it is used for actual non medical diagnosis or if it does illegally infringe upon drivers' rights to do their job. It's expected that the state will defend the list as one tool in the investigation and that the list needs to be read as a whole. It would seem that there will need to be a look at when the list is used. Since it would require some underlying cause to stop and question the driver to start with, what questions are asked would need to be justified under a relevance standard before the answers could be used to ground a driver.

Originally posted at InjuryBoard by Mike Bryant

Watch Out For Bicycles

Mike Bryant — Sun, 24 May 2009 16:02:07 GMT

Last week, I looked at the issue of increased bicyclist deaths in Minnesota. A Wednesday morning, Semi/ Bicycle death brought the issue home again this week. A semitrailer driver had began to make a wide left turn at the intersection of Park Avenue and E. 14th Street and hit a long time cyclist with it's back tires.

A witness said that the bike had been stopped at the light and like the semi began to go forward when the light changed. The semi than turned and unexpectedly drove over the rider. Police are still investigating as to what else happened. Clearly, it's a tragedy that needs to be considered by all drivers and riders.

This is one of the many riders that was remembered with the Wednesday evening Ride of Silence. The number of bike riders will continue to grow, hopefully, keeping this in mind will make it safer for everyone.

Originally posted at InjuryBoard by Mike Bryant

Flying Ice From Trucks: Should Something Be Done About It?

Mike Bryant — Wed, 28 Jan 2009 12:20:00 GMT

It's always irritating when you get behind a truck and it starts dropping stuff on you. If there is product that should be tied down or secured and its coming off, there is no question that there are laws being broken. But what about when it's chucks of ice and snow? Presently, there is no Minnesota law directly on point. Although there are most likely negligence issues that would need to be reviewed civilly. At the same time, Massachusetts saw six broken windshields in one day from the same issue.

The recent death of a man outside of Rochester as brought up questions. He was traveling along when ice flew off a truck traveling in the other direction. The ice hit his windshield, caused his air bag to deploy and his car to crash. He died a short time later. Witnesses have identified very little of the truck and the police are still hoping to find the driver for more information.

There are questions about what the driver should be responsible to do. It may not be safe for them to physically climb up and clear the roof of a tractor, and there are claims that there is no good equipment for the task, but can't something be done? Hopefully this death will lead to more ideas and maybe more awareness of the concern.

Originally posted at InjuryBoard by Mike Bryant