A former trucking safety supervisor of the US Department of Transportation was sentenced last week to 18 months in prison after he pleaded guilty
to a bribery scandal. Read entire article
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Truck Safety Supervisor Sentenced in Bribery Scandal
Earlier this week, American.com released an opinion article which detailed the frequently discussed topic of distracted driving. In an area which affects both the truck industry, as well as, the general public, the subject of driving while talking or texting on a cellular phone has been subjected to various laws enacted by numerous states. In one of our previous posts, our Illinois truck accident blog discussed the recent announcement that was made by the National Traffic Safety Board which recommended that all states ban drivers from using a portable electronic device while operating a motor vehicle. Despite this recommendation, there is no state that currently bans the use of hands-free telecommunication devices for drivers. Although there is no outright ban of cellular telephone use for drivers, numerous states have enacted several pieces of legislation which regulates electronic communication use. According to the Governors Highway Traffic Association , 35 states currently ban texting while driving, all the while nine states forbid hand-held cell phone use by drivers of motor vehicles and 30 states prohibit all cellular communication for new drivers. When it comes to regulating such a substantial issue that affects nearly all drivers, any Chicago truck accident lawyer will tell you that it is important to look at the numerous studies that have been conducted to determine the risks associated with cellular device use and driving. In July 2009, a study was conducted by the Virginia Tech Transportation Institute which revealed that texting while driving increases the probability of a motor vehicle accident by 20 times while dialing a cellular telephone increases the risk of a collision by 2.8 times. Overall, the study concluded that the most consequential factor in determining the likelihood of a motor vehicle accident is whether or not the operator of the vehicle keeps their eyes on the road. Similar statistics were gathered by the National Highway Traffic Safety Administration in 2010 where it was revealed that of the 32,800 motor vehicle fatalities reported that year, over 3,000 were attributed to driver distraction. The study labeled driver distraction as: driver cell phone use, texting while driving, eating, drinking, using in-vehicle technology, as well as, conversing with passengers.
Unfortunately, our Chicago truck accident attorneys learned that although numerous states have enacted legislation which bans texting while driving, the issue of comparing cell phone use to texting as a primary source of driver distraction is limited given that there is no empirical evidence to support this claim. Currently, federal regulatory agencies lump the two categories together making it impossible to distinguish accident statistics between the two. The news article points out that the sooner nationwide legislation is enacted to prevent dangerous driving habits, the sooner our roads will become a much safer place to travel.
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Distracted Driving a Continued Hot Topic for Debate
The NTSB says that air traffic controller errors were to blame for a near-miss incident involving a passenger jet and a small propeller plane at a Mississippi airport last year.
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NTSB Blames Near Miss Plane Crash on Air Traffic Controller Error
There has been a variety of children's product recalls that have been linked to a number of hazards, from strangling and choking hazards to head injury and fall hazards.
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Recent Children’s Product Recalls
An important part of my job as a southern Illinois semi truck accident lawyer is to protect my clients from overreaching and malfeasance by trucking companies with a great deal more money and resources than the clients have. In egregious cases, this can lead to company representatives pressuring accident victims or their families to sign a waiver they don’t understand or take money that forecloses their right to sue right after a crash. But later, if the case goes to trial or pretrial proceedings, the power imbalance s often visible in full force, as lawyers for trucking companies and their insurers use the court system to their full advantage. Powell et al. v. Dean Foods Co. et al put an interesting twist on the practice when the same trucking company moved for a substitution of a judge twice under different names. The Illinois Supreme Court ultimately decided no new trial was necessary, preserving a verdict for the plaintiffs. Adam McDonald, Diana Kakidas and Christ ina Chakonis were killed
in 2002 when their car was hit by a tractor-trailer driven by Jamie Reeves. Reeves was employed as a trucker by Alco of Wisconsin, Inc. The three families filed lawsuits, which were eventually consolidated, against companies including Alco of Wisconsin and Alco, Inc. They alleged that Reeves was speeding, had gone over his hours of service and didn’t brake until four seconds after the crash; the corporate defendants were held vicariously liable for Reeves’s actions as an employee. On the day trial was to start, four defendants including Alco of Wisconsin and Alco, Inc. moved for and received a change of judge. Defendants objected, pointing out that Alco, Inc. was nothing more than the former name of Alco of Wisconsin and thus they were the same entity and not entitled to two changes. Alder Group, Inc. then requested a new judge, but the judge ultimately denied it because she had already ruled on a substantive issue. The case went to trial and more than $20 million was ultimately awarded to the three families. Alder Group appealed, arguing that it should have been permitted to request a new judge, and thus all further orders in the case were void. The Illinois appeals court agreed, finding that the trial judge’s ruling on the motion to reconsider the previous substitution of judge was not a substantial issue under Illinois law. It also held that all parties had standing to challenge the ruling because all orders after that ruling were void, and remanded the case for new trial under another judge. Plaintiffs appealed to the Illinois Supreme Court. That court reversed again, but on the grounds that no plaintiff but Alder Group had standing to appeal. The judgment against Alder Group had been vacated, and plaintiffs moved successfully to dismiss the company as a defendant, with prejudice. Once that company was dismissed, the Illinois high court said, no defendant left had standing to appeal. In so ruling, it sided with an earlier appeals court ruling finding that each litigant is a separate party; each has standing to challenge decisions on only its own motions. It found arguments that the other defendants were prejudiced by the outcome unpersuasive, noting that this would mean any defendant in any case has standing to seek a reversal of any error against any party. Because Alder Group is now dismissed, the court said, there’s no need for a new trial. Thus, it let the ruling stand. As a Missouri tractor-trailer accident attorney , I’d like to note that part of the confusion in this case stems from Alco’s attempt to get two substitutions of judge. This was rightly not permitted, but the attempt shows how the deck can be stacked against plaintiffs in cases pitting them against much richer and more powerful corporations. After all, the average person cannot legally appear twice in court under the same name, thus getting twice as many chances to influence the case. Nor would the average person be able to pay for two attorneys. In general, when our St. Louis big rig accident lawyers handle these cases, we prefer to step in as early as possible to prevent any attempts at exploitation by the trucking company or its attorneys. Injured people aren’t necessarily experienced in the law, and just after a catastrophic accident, they may be in no position to realize their rights are threatened.
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Illinois Supreme Court Denies New Trial in Lawsuit Over Trucking Accident That Killed Three – Powell v. Dean Foods
Yesterday, a Chicago truck accident lawyer at our firm read a news report detailing the criminal charges a large commercial vehicle driver faces for possession of drugs and operating while intoxicated over the past weekend. According to an article posted on YourHoustonNews.com , local authorities initially pulled the truck driver over after he was seen driving erratically down a city street. Despite multiple attempts by the police to pull over the driver, the vehicle kept weaving and refrained from pulling over for more than three blocks. Upon stopping the semi tractor-trailer, it was reported that the semi truck driver struggled when exiting the commercial vehicle and ultimately fell out of the truck’s cab. Upon a brief investigation and an apparent strong odor of alcohol being emitted from the driver, he was arrested for suspicion of driving while intoxicated. It was later revealed after administering a blood alcohol test that the truck driver had a blood alcohol level of .163 – more than twice the legal limit.
Our Chicago trucking accident attorneys learned that an additional investigation in the driver’s truck was conducted where it was revealed that the truck driver had a large clear plastic bag containing multiple pills. The authorities currently believe the pills to be Ambien, Xanax, as well as, Dicyclomine Hydrochloride. The truck driver now faces misdemeanor charges of DWI, possession of a controlled substance, in addition to, three misdemeanor counts of possession of a dangerous drug. The truck driver is currently being held on bonds totaling $25,000. Although no individuals were injured as a result of the semi truck driver’s intoxicated operation, often times when a large commercial vehicle driver operates in a manner that deviates from the laws mandated by both federal and state governments, the results are often devastating and fatal. Recently, our Chicago accident attorneys settled a case involving an Illinois trucking accident where illegal substances played a primary role in a fatal accident. In a case where it was revealed that a semi truck driver was operating under the influence of marijuana, as well as, an overloaded tractor-trailer – our attorneys obtained a $6.5 million settlement on behalf of a Huntley family whose passenger vehicle was struck by the commercial vehicle driver. The accident fatally injured a 32 year-old woman and caused substantial personal injury to her husband and son. The driver’s trucking carrier was also found negligent by violating federal regulations which mandate that truck owners administer drug-screenings, as well as, background checks on all their drivers.
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Truck Driver Faces Criminal Charges for DWI and Drug Possession
One driver is dead and two others are in the hospital following an exceptional car and semi-truck crash in the town of Lake Wales, Florida. According to Polk County Sheriff’s Deputies, the tractor-trailer first crashed into a Toyota Corolla on Highway 27. Both vehicles then drove into a building, demolishing it almost entirely in the ensuing wreckage.
It seems that the Toyota crossed into southbound lanes and came directly into the path of the sand-hauling semi-truck. The resulting collision led to the truck driving the Toyota into the building. The Toyota’s driver was pronounced dead at the scene, presumably killed instantly in the collision. The driver of the semi-truck had minor injuries, and the adult male passenger of the Toyota was critically injured in the collision. Both were taken by on-scene personnel to different nearby medical centers for treatment. Local news video footage shows that the car was crushed almost beyond recognition by the massive semi, and even the truck has incredible structural damage visible in the video. It is likely there would have been no way for the Toyota to break free or turn away from the impact once the semi struck the rear of the vehicle. According to reports, the building is essentially a total loss. However, in something of a lucky break, no one was in the business at the time of the crash, which is why the injury report was not higher. It cannot be stressed enough to drivers of smaller vehicles — semi trucks have the capacity to do great damage to cars, and can even demolish entire buildings with their impact. Drivers are urged to use the utmost caution when using a road that has semi access. Semi-truck drivers operate large, cumbersome vehicles under very difficult conditions and they are not always in compliance with safety or rest requirements. Be cautious and be safe.
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Massive Crash Kills One, Hospitalizes Two
January 24, 2012 - I want to remind all of you that we need to be careful out there. Most of you know I am a rider. Most of the folks think motorcycle accidents are typically street related.
Here is a story that contradicts that. According to reports a desert motorcycle racer was killed in the desert over the weekend. According to reports the motorcyclist was found on Sunday at approximately 1:15 p.m. in the desert approximately 150 feet off of a designated course. According to San Bernardino County Deputy Coroner Investigator Jeff Lewison, experienced motorcycle racer Lance Black age 45 entered the race endorsed by the Desert Motorcycle Club and was found approximately 150 feet off of the designated track dead. According to the president of the Desert Motorcycle Club Rick Nuss, the experienced motorcyclist was approximately six to seven miles in the second course of the race traveling at a high rate of speed. Black is believed to have lost control of the bike and died on impact, Nuss said. Nuss stated that there were no witnesses to the motorcycle crash and it occurred in an area where there were no obstacles that would be dangerous. Nuss said that Black was an expert level racer and belonged to the American Motorcyclist Association District 37. According to Lewiston Black was pronounced dead at the scene of the motorcycle crash. According to reports Black leaves a wife and two children. There is no word on whether there is a rider fund set up for the family. We will keep you posted if there is any way the family can be helped.
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Desert Motorcycle Racer Killed in Crash
A new study suggests that female drivers have lower accident risks than male drivers All those jokes about bad female driving may be just that -jokes. According to new research based on the statistics of female drivers , men are by far the worst
drivers out there, accounting for an overwhelming majority of all accidents, and committing far more driving errors than women do. Read entire article
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Study Suggests Statistics of Female Drivers Have Lower Accident Risks than Male Drivers
Car accidents at intersections with flashing lights occur more than those
with only stop signs. Car accidents at intersections with flashing lights occur more than those with only stop signs. That information comes from a study by the University Of Texas. Read entire article
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More Car Accidents at Intersections with Flashing Lights