Archive for the ‘Trucking Accidents’ Category

Brain Injury Victim Settles Her Trucking Accident Lawsuit

Friday, March 19th, 2010

According to media reports, a personal injury victim and 83-year-old Luzerne County woman has settled her trucking accident case for $3 million.

She sued the trucking company and one of its drivers due to a March 2007.  In the trucking accident she suffered serious personal injuries including a traumatic brain injury as well as several broken bones.

The personal injury victim was seeking compensatory as well as punitive damages and the trial judge had refused to dismiss her punitive damage claims.  The trial judge had ruled that if the jury found the truck driver had ‘entered the intersection without braking and for an obvious red light, then the jury could on  it could then go on to determine if the defendant had been recklessly indifferent to a very real danger to others in the area, which is the legal standard for punitive damages.

The extent of the personal injury victim’s brain injuries and the rulings by the judge were important factors in bringing about the settlement.

How To Avoid Car Accidents In The Rain

Sunday, January 24th, 2010

I’m a San Francisco injury attorney, which means that I represent injury victims in personal injury, product liability, and wrongful death matters in the San Francisco Bay Area.  And, this includes lots of car accidents.

During the winter months, our roads in the Bay Area can be very wet and unfortunately dangerous.  So, below is a video in which I review some simple, easy to follow, and common sense things that you can do to avoid car accidents in we weather driving conditions.

I hope that you find this helpful.  Good luck.

San Francisco Trucking Accident Lawsuit Tips

Saturday, October 31st, 2009

When Someone is injured in a trucking accident unfortunately a personal injury lawsuit is often necessary.  And during the course of the lawsuit or case much of the focus in the case tends to be on the trucking accident itself as well as the serious personal injuries involved.

There is another aspect to the lawsuit and entire area that can aid the plaintiffs’ attorneys in their case – compliance with state and federal trucking regulations – the rules of the road for trucking companies.  And too often this information is overlooked or simply ignored.

This video describes this area and the information that can help you against trucking companies.  Good luck!

Truckers Distracted By On-Board Computers

Monday, September 28th, 2009

istock_000001489126mediumCongress is considering federal legislation that would prevent truckers from texting while driving.  And the trucking industry wants the truckers’ computers exempted.  Yes, that’s right – their computers.

According to the New York Times, the trucking industry has invested a considerable amount of resources into technology that enable companies to track drivers, send new orders, and distribute company-wide messages as well as transmit training exercises. Of course, drivers can also use the technology to send and receive e-mail and browse the Internet – all while traveling down the highway covering the length of a football field in less time than it takes to glance at that e-mail message.

Researches at Virginia Tech’s Transportation Institute produced a recent study that looked at truckers’ use of texting devices as well as on-board computers.  The Institute found found that truck drivers who used texting devices had a 23 times greater risk of crashing, nearly crashing or wandering from their lane than truckers who did not use those devices.  And truckers that used on-board computers faced a 10 times greater risk of crashing or wandering as compared with drivers that simply focused on the road.  However, as reported by the New York Times, the Virginia researchers stated that truckers tend to use on-board computers more often than texting.

Despite advances in safety features, fatalities caused by large trucks continue to rise.  According to the National Highway Traffic Safety Administration, large trucks caused 4,808 deaths or 12 percent of all driving-related fatalities in 2007, which is up from 4,777, or 11 percent in 1997.

Congress should do all it can to ensure that the roads our families use every day are safe.  Preventing trucker’s from using on-board computers while driving seems like a simple step in that direction.

Federal Motor Carrier Safety Administration (FMCSA) Fails to Reduce Fatigue-Related Incidents Involving Large Trucks

Thursday, February 26th, 2009

istock_000001489126mediumThe Insurance Institute for Highway Safety presents in its February 14, 2009 status report that the FMCSA “…has bobbed and weaved to avoid doing what Congress told it to do in 1995, which was to ‘reduce fatigue-related incidents’ involving large trucks.”

Anne McCartt, the Institute’s senior vice president for research, is quoted as saying “[t]he agency’s purpose isn’t to improve the profitability or the efficiency of the trucking industry.  The mission is supposed to be truck safety, but you wouldn’t know it from what has been going on in recent years…”

There are over 5,000 deaths a year in truck related accidents.  In 2005, one out of every five truckers surveyed reported driving more per day than before 2004.  And, the percentage of truckers who reported falling asleep while driving increased from about 13% in 2003 to 21% in 2005.

What is needed and what the Insurance Institute for Highway Safety’s report calls for is a fundamental change in the direction of the FMCSA and US Department of Transportation.  A change that reflects the mandate given to the Administration by Congress and a new focus on driver safety.