Breaking Legal News — Trucking Accidents

The study, co-authored by Dr. Donald Redelmeier of the University of Toronto and Robert Tibshirani of Stanford University, examined statistics for U.S. traffic-related deaths ranging from the 1976 election of Jimmy Carter to the 2004 re-election of George W. Bush — a total of eight election Tuesdays. The researchers’ analysis showed that Americans were approximately 18 percent more likely to suffer a fatal traffic accident during polling hours on presidential election days than on other Tuesdays — a greater increase than that of either New Year’s Eve or Super Bowl Sunday, traditionally thought of as high-risk traffic days.

The scientists theorized that the increased incidence of traffic fatalities could be attributed to drivers who are distracted by consideration of the candidates or their vote, traveling unfamiliar routes, or rushing to reach polling places either before or after work.

Redelmeier suggested that in order to minimize chances of being involved in a fatal traffic accident this Election Day, drivers should adhere to all traffic laws and avoid distractions by not speeding, properly wearing a seat belt, and avoiding use of alcohol.

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Truck driver Stanley P. Chesney, 47, suffered abrasions to his left arm and leg in the accident and was taken to a local hospital for treatment. Society for the Prevention of Cruelty to Animals (SPCA) workers were called in to round up the escaped birds and clear the road. While eyewitnesses reported many chickens were killed in the wreck, an exact number has not been released; the surviving birds were taken to the Erie County SPCA in the town of Tonawanda for medical evaluations. An SPCA spokesman reported that says the trucking company, Ontario Inc. of Walkerton, Ontario, Canada will be liable for the costs of the checkups.

The ramp to the 190 northbound was closed to traffic for nearly two hours during cleanup of the accident. The cause of the wreck has not yet been determined, though officials on the scene noted that early indications pointed to unsafe speed or lane change as likely factors, as Chesney reportedly said he was distracted while attempting to change lanes before losing control.

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The study of traffic statistics and gas prices during the period ranging from 1985 to 2006 theorized that as fuel costs rise, more people drive slowly in order to converse fuel consumption and choose not to drive unless it is necessary, resulting in fewer drivers on American roadways and fewer motor vehicle accidents. Morrisey and Grabowski’s data analysis found that for each 10% increase in average U.S. gas prices, the number of traffic fatalities among all drivers fell by 2.5% and the number of auto accident deaths among drives aged 15-17 fell by 6%.

Morrisey also noted that as fuel costs are now over 60% higher on average than in 2006, the most expensive year covered by the study, he expects that the number of deaths resulting from auto accidents may fall by as much as 1000 per month from 2006 numbers.

Morrisey and Grabowski’s study was presented at a meeting of the American Society of Health Economists in Raleigh-Durham, N.C. Automobile accidents in the United States result in over 40,000 deaths annually.

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The 30-page study detailed several cases in which individuals who suffer from serious health conditions including sleep apnea, multiple sclerosis, heart problems, and chronic obstructive pulmonary disorder were improperly granted commercial driver’s licenses (CDLs), enabling them to operate heavy trucks and buses. The report also went on to indicate that over 1,000 currently licensed commercial drivers have been diagnosed with vision, hearing, or seizure disorders, adding that such medical conditions generally preclude the granting of a CDL, and named several cases in which medically unfit truck and bus drivers caused fatal accidents.

While US safety regulators have recommended eight separate proposals to increase bus and trucking safety since 2001, including a proposal to establish minimum medical health standards for commercial vehicle operators, the Federal Motor Carrier Safety Administration has not executed any of the recommendations.

In 2006, the U.S. Transportation Department recorded around 7.3 million commercial driver violations, including truckers violating current federal medical rules in all 50 states, though Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota, and Ohio accounted for half of all such violations. During the same year, approximately 5,300 people died and 126,000 people were injured in commercial bus and trucking accidents.

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This comes after multiple trucks hit Oahu’s Gulick overpass within the past few weeks. The H-1 overpass is one of the lowest on the island.

Two weeks ago, the driver of an Island Topsoil Service truck failed to clear the 14-foot-3-inch overpass by six inches, sending small chunks of concrete to the freeway below.

The accident caused an inconvenience to morning traffic as officials moved the truck to the side of the road and photographed the damage.

Two days prior, another truck spilled 300 gallons of paint on the Waipahu off-ramp, which took four hours to clean up.

It’s the responsibility of heavy-load drivers to make sure their loads are properly measured and secured, said DOT spokesman, Scott Ishikawa, adding that failing to do so could inconvenience and even endanger the public.

Structural damage can also cost big bucks. In 2006, an Army transport crashed into a pedestrian overpass, shutting down all six lanes. It cost $700,000 to fix. The driver of the truck also did not have a permit.

We’re not giving out permits for the sake of giving out permits, Ishikawa said. We want to make sure that loads are properly secured and help drivers map out alternative routes.

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The driver, 64-year-old David Wells, slammed his semi-tractor trailer into the Chinatown CTA station just before 5:30 p.m. Twenty-one people — including six children — were injured, and two people died at the scene. Both deaths were ruled accidents.

Wells was reportedly seen acting oddly at the scene. A later search discovered he was carrying another person’s prescription at the time.

His odd behavior continued when Wells was taken into custody for two days. Sources said he refused to put clothes on and urinated on the wall during his lockup. He also refused to give a statement to police and declined a urine test.

Police said drugs and alcohol were not a factor in the crash, but they are looking at other factors. Investigators are awaiting results from a more extensive toxicology test to see if the prescription drugs were involved.

Police are also not ruling out mechanical failure of the truck. Initial investigations showed the truck left no skid marks, which could mean a possible malfunction.

Wells was cited for negligent driving. He was driving a truck for Whiteline Express, based in Plymouth, Michigan.

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The proposal would add four center lanes for truck drivers — two going eastbound and two going westbound. A grass barrier would separate the truck lanes from the nearby car lanes. To exit the freeway, trucks would first merge into car traffic via special ramps.

The design’s project manager, Kenny Voss, said the extra lanes are an obvious safety improvement to the busy highway that approximately 10,000 trucks drive on daily.

Nearly 27 percent of accidents involve a truck, and 38 percent of those are fatal, Voss said.

In addition to increasing highway safety, the new design would help improve traffic flow when truck accidents occur, which can block multiple lanes.

So far, reviews are mixed. At the hearing, some attendees agreed that separating trucks and cars would reduce incidents between the two. Others talked about the dangers of having trucks merge from the left side of the road. For highway patrol officers, getting to the center truck lanes may be difficult if the lanes are separated with grass barriers, according to an officer at the meeting.

Transportation officials said they consulted with major truck industries about the design.

The new lanes would cost around $4 billion. So far, there is no government funding for the project.

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Medical experts have suggested to the Federal Motor Carrier Safety Administration (FMCSA) that commercial driver’s license (CDL) holders who are obese or have a body mass index higher than 30 be routinely tested for obstructive sleep apnea.

Further, those who have sleep apnea must be treated in order to receive their CDL certification.

The recommendations, aimed at improving highway safety, come after studies found truckers have a 20 to 30 percent incidence rate for sleep apnea, higher than for people over age 40.

Sleep apnea causes individuals to wake up frequently during the night, resulting in lost sleep time. For fatigued truck drivers, the effects can be hazardous.

According to Allan Pack of the Center for Sleep and Respiratory Neurobiology at the University of Pennsylvania, drivers with sleep apnea are 2 ½ times more likely to be involved in a severe crash.

One of the major contributors to sleep apnea is obesity.

Some truckers say the testing recommendation is unfair because it singles out truckers from the rest of the drivers on the road.

The FMCSA currently does not have a timetable for considering the new recommendations. It could take up to a year for the regulations to be implemented if approved by all federal agencies.

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The accident occurred between 2:30 and 3 P.M. Dallas time, when for as-yet-undermined reasons the large truck vaulted the center barrier dividing the northbound and southbound lanes of Texas 183 and struck a northbound motorcycle before toppling onto its side, landing atop a red sport utility vehicle.

The 41-year old female driver of the SUV was killed immediately. A young girl who was a passenger in the SUV survived the wreck and was hospitalized at Children’s Medical Center of Dallas in critical condition. The motorcyclist and the cement truck operator were also hospitalized; both are currently listed in serious condition at Parkland Memorial Hospital. Names of the injured and deceased have not been released.

Northbound lanes of the highway were shut down for hours while rescue operations were underway. Two heavy-duty wreckers were required to raise the cement truck off the remains of the crushed SUV. Southbound lanes of Highway 183 remained open, though traffic was slowed due to a light pole that was felled in the accident, blocking part of the road.

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Nebraska is set to receive full federal incentive funding for its efforts to keep the number of trucking accidents down.

From 2002 to 2006, the state cut its rate of fatal crashes involving trucks in half. During the same time period, Nebraska also reported 200 less trucking injuries.

The State Patrol will receive approximately $200,000 in an effort to continue this trend and make sure that trucks and their drivers do not pose a danger on the road.

The funding will be used to carry out more effective inspections of large commercial trucks, including surprise roadside inspections by troopers. During vehicle inspections, the State Patrol checks everything and everyone, from brakes to mechanics, to fatigued drivers and those driving with suspended licenses. Funding will also help to pay for any special equipment needed to assist with the inspections.

Nebraska is one of only eight states, including Kansas, that will receive full federal incentive funding. In order to keep the funding, however, the state must show continued improvement in reducing the number of accidents.

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