Birmingham Personal Injury Lawyer - Tractor-Trailer Accidents

Alabama Truck Accidents - New Law

Jon Lewis — Fri, 27 Mar 2009 18:57:23 GMT

Alabama has finally passed a law to protect the public and State highways from future steel coil incidents. According to the Birmingham News, T. J. Willings, of the Alabama Trucking Association, called this "the toughest load securement legislation in the nation." Steel coil haulers have 60 days to be trained and certified in properly securing steel coils. Representatives from U.S. Steel, Nucor, and O'Neal Steel were on hand to see Governor Riley sign the bill into law.

The Alabama Department of Public Safety is responsible for certifying the drivers. The penalties for companies who have improperly secured loads has been increased. Companies can be fined up to $10,000, and drivers can be fined up to $1,000 and one year in jail. Certification is available online.

Alabama is now imposing the same rules on securing these types of loads as the Federal Motor Carrier Safety Regulations. This is a no brainer. Why not make the state laws as stiff as the Federal law? There have been too many incidents without injury. The next one could result in death. We should applaud the legislators and Governor for coming together to enact this safety measure.

Originally posted at InjuryBoard by Jon Lewis

Steel Coils and Truck Accidents in Alabama

Jon Lewis — Thu, 12 Mar 2009 15:40:26 GMT

The Alabama legislature has finally come together to pass a bill with respect to steel coil loads. There have been numerous incidents where large trucks have lost their steel coil rolls on state highways. In fact, according to a Birmingham News article, the cost of repairs to state roadways are estimated to be $7.5 million. Fortunately, there have been no deaths reported as a result of the approximately 30 coils which have not been properly secured since 1987. That, in and of itself, is an amazing statistic.

Each of these coils can weigh as much as 46,000 pounds, and they can cause significant damage to persons and property. State Representative Paul DeMarco and State Senator Jabo Waggoner introduced the legislation. Both determined that trucking companies were not following Federal DOT Regulations which led to the loss of the loads.

But, coils are not the only problem in Alabama. How many times have you been next to an 18-wheeler on the interestate? Who hasn't had a bad experience with a big rig? WE WANT TO KNOW. Tell us your big rig experience whether it was a near miss, a wreck, or a friend or family member. Give us details. You can describe your experience in the comments to this blog.

Originally posted at InjuryBoard by Jon Lewis

Trucking Regulations - Part V - Inspections, Repair, and Maintenance

Jon Lewis — Mon, 28 Jul 2008 09:05:00 GMT

Driver's and companies are responsible for inspecting their trucks, keeping their trucks in good repair, and maintaining their trucks. Oftentimes, drivers are so busy trying to get on the road or get to where they are going that they either neglect to fulfill this duty, or they simply forget. Sometimes such neglect can be disastrous.

How? Well, what if the driver does not inspect the brakes or tires? What if the brakes or tires fail? Can you imagine what happens when an 80,000 pound vehicle is out of control? Typically, death and destruction.

So, what are the responsibilities of the driver and company? Part 396 of the Federal Motor Carrier Safety Regulations governs this area. Every company must require its drivers to prepare a report, in writing, at the completion of each day's work on each vehicle operated on that day. The report must cover the following:

• Service brakes including trailer brake connections
• Parking (hand) brake
• Steering mechanism
• Lighting devices and reflectors
• Tires
• Horn
• Windshield Wipers
• Rear vision mirrors
• Coupling devices
• Wheels and rims
• Emergency equipment

These records must be kept where the vehicle is either housed or maintained for a period of 1 year and for 6 months after the motor vehicle leaves the motor carrier's control.

Originally posted at InjuryBoard by Jon Lewis

Another Steel Coil

Jon Lewis — Fri, 20 Jun 2008 18:34:18 GMT

It has happened once again. Another runaway steel coil. Amazingly, no one was injured.

Yesterday, the trailer bed of an 18-wheeler collapsed, and as a result, a 46,000 pound steel coil rolled approximately 400 feet down Interstate 65 in Birmingham, Alabama. According to the Birmingham News Article, the trucking company, BAC Transport LLC of Sparks, GA, has a history of problems. In the last two years, the DOT has put four of their six trucks out of service for failing the inspections.

According to Birmingham police officer James Lyons, the driver and trucking company will be cited for failing to abide by load regulations and maintenance violations among other citations. Thirteen similar steel coil incidents have occurred in Birmingham since 2002. Paul DeMarco has attempted to push through legislation to impose more severe penalties for such violations.

This incident shows the dangers of these tractor trailers, and it highlights the importance of the Federal Motor Carrier Safety Regulations. Fortunately, no one was injured in this incident. A 46,000 pound steel coil could obviously kill and injure more than one person. When you see these trucks, move past them quickly or keep a safe distance. You must understand the dangers of these types of loads. When the coil comes off, it will be a surprise, and you will have very little time to react and get out of the way.

Originally posted at InjuryBoard by Jon Lewis

Trucking Regulations - Part IV - Driving of Commercial Motor Vehicles

Jon Lewis — Mon, 16 Jun 2008 21:49:24 GMT

Section 392 of the Code of Federal Regulations governs the driving of commercial motor vehicles. It has many sections on various topics. Some of those sections include: ill or fatigued operator; schedules to conform with speed limits; equipment inspection and use; safe loading; hazardous conditions, extreme caution; and radar detectors. Below are the rules regarding these topics:

Ill or Fatigued Operator - if the driver of a tractor trailer is not alert or if his ability to operate the truck is impaired because he's tired or ill, the driver should not drive the truck, and his company should not allow him to drive the truck.

Schedules should Conform to Speed Limits - When scheduling trips, the time for completing the trip should not require the driver to exceed the speed limit in any State or City.

Equipment Inspection and Use - the driver of a truck must be satisfied that the following parts are in order: brakes, steering, lights (brake lights, headlights, and turn signals), tires, horn, windshield wipers, mirrors, and coupling devices.

Safe Loading - the cargo must be properly distributed and secured, and it is the driver's responsibility to make sure that it is so. That means that the tailgate, tailboard, doors, tarpaulins, spare tire and other equipment must be secure, and nothing can obscure the driver's vision. The driver must inspect this equipment within the first fifty miles of beginning a trip and make sure the cargo does not shift. The driver must reexamine the equipment periodically AND such reexamination MUST be made when the driver has a change in duty status, OR after the truck has been driven for 3 hours, OR after the truck has been driven 150 miles, whichever occurs first.

Hazardous Conditions, Extreme Caution - A driver must use extreme caution in the following conditions: snow, ice, sleet, fog, mist, rain, dust, or smoke. The driver should reduce speed, and when necessary, pull over and stop until the conditions pass or improve.

Radar Detectors - No driver shall use a radar detector in his truck nor shall his company allow the use of a radar detector.

These are just a few of the regulations under Section 392, and this is not an exhaustive list. But, these few regulations show how extensive the rules are with respect to tractor trailer driving in order to keep the public safe.

Originally posted at InjuryBoard by Jon Lewis

Trucking Regulations - Part III - Controlled Substances and Alcohol Use and Testing

Jon Lewis — Fri, 13 Jun 2008 17:16:07 GMT

Obviously, the Federal Motor Carrier Safety Act prevents drivers from driving 18 wheel rigs while under the influence of controlled substances or alcohol. Section 382 of title 49 of the Code of Federal Regulations governs the requirements trucking companies must follow with regard to testing for controlled substances and alcohol abuse. The Department of Transportation has specific rules regarding the testing processes.

Trucking companies must test at various times during a driver's employment. The various tests include: pre-employment testing, post-accident testing, random testing, reasonable suspicion testing, return-to-duty testing, and follow-up testing. These tests insure that drivers meet the qualifications for performing safety-sensitive duties without being under the influence of alcohol or controlled substances.

In addition, drivers have certain requirements for when alcohol use is permitted. For instance, drivers may not perform safety-sensitve functions within four hours of the use of alcohol. Drivers may also not use alcohol within eight hours after an accident or after a post accident alcohol and controlled substance test, whichever occurs first. These rules attempt to make sure that drivers are not engaging in safety-sensitive measures while under the influence of alcohol or controlled substances.

Unfortunately, not all trucking companies abide by these rules. Consequently, there are rules regarding the retention of testing records. Records reflecting a positive test for a driver with an alcohol concentration greater than .02 must be kept for five years. Records reflecting any negative test must be kept for one year.

These rules assist us as attorneys in helping those whose loved one has beenkilled or those who have themselves been injured by a tractor trailer. We ask for this information in discovery, and if the trucking company cannot produce the proper documents, it helps us in pushing the case to a successful conclusion.

Originally posted at InjuryBoard by Jon Lewis

Trucking Incident

Jon Lewis — Mon, 09 Jun 2008 09:39:40 GMT

In following up with our recent articles on trucking rules and regulations, we thought it would also be good to point out incidents which happen and expose violations of these rules. According to an article in the Birmingham News yesterday (Sunday, June 8, 2008), a truck lost two of its four steel coils on Interstate 459 on Friday, June 6, 2008 at around 6:00 p.m. Fortunately, no one was injured, and the interestate was not damaged. However, it appears as though the coils were being held down with nylon straps instead of chains.

As previously mentioned, drivers are responsible for making sure their loads are secure. In this situation, it appears as though that was not done. As stated by an Alabama Department of Transportation employee stated, "it could have been catastrophic." This is why trucking companies and drivers need to be held accountable when these types of violations occur.

Originally posted at InjuryBoard by Jon Lewis

Trucking Regulations - Part II - Driver Qualifications

Jon Lewis — Sun, 08 Jun 2008 22:27:37 GMT

The Federal Motor Carrier Safety Act also provides rules and regulations for the qualification of drivers who go to work for the various trucking companies around the country. These regulations provide various criteria for the qualification of drivers. For instance, some of the areas the Act regulates are: (1) background and character of drivers; (2) tests for drivers; (3) physical examinations of drivers; and (4) files and records on drivers. All of these areas must be investigated when an accident occurs so that not only will the driver who may have caused an accident be held responsible, but if his company violated some of these rules, the company might need to be held responsible for the accident as well.

Drivers of commercial motor vehicles must be 21 years of age and speak the English language. Additionally, such drivers must be qualified to safely operate the type of commercial motor vehicle he drives, and he must be physically able to drive the motor vehicle. Drivers must have a valid commercial motor vehicle license and must have successfully completed a driver's road test. Finally, drivers must know the proper procedures for securing cargo, and she must be able to determine whether the cargo has been properly located, distributed, and secured.

Invariably, accidents are going to happen which involve trucks and commercial motor vehicles. When they do, obtaining the information regarding driver qualifications is extremely important. Maybe the driver should never have been on the road to begin with. Maybe the company should have discovered certain facts which would have led to the suspension of the driver. These rules are in place for a reason, and if companies and drivers don't follow them, they should be held accountable.

Originally posted at InjuryBoard by Jon Lewis

Trucking Regulations - Part I - Financial Responsibility

Jon Lewis — Fri, 06 Jun 2008 17:48:47 GMT

We want to take the opportunity, as we discussed in our previous post, to educate the public about some of the regulations governing the trucking industry. These regulations are promulgated by the Federal Motor Carrier Safety Administration under the Federal Motor Carrier Safety Act (FMCSA). Today's regulation is 49 C.F.R. § 387 - "Minimum Levels of Financial Responsibility".

The FMCSA requires interstate trucking companies to carrier minimum levels of insurance coverage. The minimum levels of insurance required on a truck depend upon what type of cargo the truck is transporting. Under the FMCSA, interstate trucking companies are required to carry the following coverages:

Nonhazardous Property - $750,000.00
Petroleum or oil - $1,000,000.00
Hazardous Substances - $5,000,000.00

The FMCSA also provides minimum levels of coverage for interstate carriers of passengers:

Seating capacity of 16 or more - $5,000,000.00
Seating capacity of 15 or less - $1,500,000.00

The penalty for failing to carry the appropriate coverages is $11,000.00. What's the purpose of this regulation? It is stated in the regulations:

The purpose of these regulations is to create additional incentives to
motor carriers to maintain and operate their vehicles in a safe manner
and to assure that motor carriers maintain an appropriate level of
financial responsibility for motor vehicles operated on public highways.

Next, we will discuss the qualifications of drivers and what is required under the FMCSA.

Originally posted at InjuryBoard by Jon Lewis

Truck Accidents

Jon Lewis — Sun, 01 Jun 2008 17:57:39 GMT

Why do attorneys pursue trucking companies? How many times have you been driving down an interstate at the speed limit and had an 18 wheeler speed by you? How many times have you been driving down the interstate and passed an 18 wheeler only to have the 18 wheeler pull in right behind you barely missing the back end of your car? How many times have you seen an 18 wheeler in an accident? How many times have you heard of a load falling off an 18 wheeler? How many times have you read about a death which occurred involving an 18 wheeler?

These drivers and trucking companies are regulated by the Federal Motor Carrier Safety Administration(FMCSA). Most trucking companies try to do the right thing and monitor and police their drivers appropriately. However, many times, these drivers and truck companies are violating the rules promulgated by the FMCSA when you see them. These rules include how long the drivers can be on the road without a rest, how much weight the trucks can carry, and how much insurance must be available for the trucks to be on the road.

The FMCSA regulations are many, and they are too detailed to be discussed in one blog, but we will discuss them in future blogs so stay tuned. If you have questions regarding any of these rules, please do not hesitate to contact an attorney in your area. Please note that if you or someone you know are ever involved in a truck accident, you need to get an attorney as soon as possible. Trucking companies have their attorneys on call, and they and their insurance companies are on the scene gathering evidence within the hour. Your attorney needs to start your investigation soon thereafter. There is evidence at the scene, log books which are kept by the driver, onboard electronic information which assists with speed and mileage, and much more. It is important that you get this information to protect your claims.

Originally posted at InjuryBoard by Jon Lewis