Lawmakers Introduce Bill to Reduce Truck Underride Accidents

Several weeks ago, US Senators Marco Rubio and Kirsten Gillibrand introduced the Stop Underrides Act of 2017. Representatives Steve Cohen and Mark DeSaulnier introduced a bill in the US House of Representatives on the same day. The Stop Underrides Act of 2017 seeks to prevent a type of truck accident in which smaller vehicles run under semi-trailer trailers. Smaller passenger vehicles can easily be sheared in half. Many underride accident victims are decapitated or catastrophically injured.

This new legislation would require large trucks to use side and front underride guards if it were to become law. Underride guards can prevent these types of accidents. Instead of running underneath the trailer, a passenger vehicle hits the guards that hang underneath the back or side of a truck’s trailer. The National Highway Traffic Safety Administration (NHTSA) has required rear underride guards since the late 1990s. No such law or federal rule currently exists that would require large trucks to use side underride guards. A motorist driving behind a semi-truck might be protected from a rear underride accident, but they could still be in mortal danger if they hit the truck from the side. The legislation makes some other significant changes.

Current federal standards for underride guards may not be sufficient for preventing an underride accident. Testing conducted by the Insurance Institute for Highway Safety (IIHS) in 2011 shows that guards may break or bend when struck by passenger vehicles traveling at 35 miles per hour. The Stop Underrides Act of 2017 would require underride guards to withstand these forces. In addition to improving existing underride guards, the bill also calls for research into guards that can prevent underride accidents at 65 miles per hour. Some underride accidents occur at speeds well above 35 miles per hour.

Lawmakers responsible for introducing the Stop Underrides Act of 2017 included the names of many victims of underride accidents in the bill. While the bill is not guaranteed to pass or be signed into law, it has renewed an important conversation about how underride guard requirements can be improved.

Mike Love & Associates, LLC is a Lufkin, Texas personal injury law firm with extensive experience helping victims of car and truck accidents. If you or a loved one were harmed in a truck accident, our attorneys could inform you of your rights and options for pursuing compensation.

New ELD Rule for Commercial Trucks Goes into Effect

A debate is ongoing over the recent mandate for electronic logging devices (ELDs) on large commercial trucks. On December 18th, many commercial trucks were required to start using ELDs, devices that automatically record driving data from the engine. Some carriers have used ELDs for years, but they are now mandatory for most commercial trucks. The rule was created to make it more difficult for commercial truckers to violate regulations aimed at preventing drowsy driving accidents. Hours-of-service rules set limits on how long commercial truckers can drive. For many years, drivers used paper logbooks to record driving time and demonstrate compliance with hours-of-service regulations.

However, drivers could falsify the information in these books to increase their driving times. Proponents of the mandate argue that ELDs would catch drivers who are violating hours-of-service rules—ELDs record truck movement and driving time. Roadside safety inspectors could use ELD data to catch drivers who are exceeding their allotted driving hours. Public policy initiatives have winners and losers, opponents and proponents. This rule is no different. Opponents to the rule claim that ELDs could jeopardize public safety or put smaller trucking companies out of business.

What About Sleep Apnea?

There is still more work to be done to prevent truck accidents caused by drowsy drivers. Hours-of-service violations are one reason these accidents happen, but there are others. Commercial truckers can also suffer from untreated obstructive sleep apnea. People with untreated obstructive sleep apnea may experience excessive daytime drowsiness and trouble concentrating. As you have already likely guessed, these symptoms increase the risk of a truck crash. According to a Harvard University study, truck drivers with untreated sleep apnea are five times more likely to crash than those who receive treatment.

The Department of Transportation stopped pursuing a rule that aimed to improve the process for identifying and testing commercial truck drivers at higher risk of sleep apnea. However, commercial carriers can still choose to test their drivers for the condition. Mike Love & Associates LLC is a Lufkin, Texas, truck accident law firm. Our attorneys are dedicated to helping victims of motor vehicle and truck accidents.

What Types of Evidence Are Used in a Truck Accident Case?

One or more factors may cause truck accidents. Commercial trucking companies may hire unqualified drivers. In other cases, drivers were impaired or exceeded their hours-of-service limits. Therefore, an attorney could have multiple sources of evidence to pursue while litigating a truck accident claim. During a truck accident case, an attorney may pursue various types of evidence that include:

• Driver logs: Commercial truck drivers are required to keep logs that record pre-trip inspections and hours-of-service compliance. Logbooks could be combined with other evidence to show fault after an accident.

• Driver records: Truck companies keep detailed records on their drivers. Records may show if a company hired and retained an unqualified driver to operate a commercial vehicle.

• Witnesses: Truck accidents can have several witnesses. An attorney can speak with these witnesses to help establish the cause of the accident. Accident reconstruction specialists or other experts could also be used.

• Drug tests: Failed drug tests may be an indicator that a driver was impaired after an accident or unqualified to operate a commercial vehicle.

• “The black box”: Commercial trucks also have “black boxes.” The electronic control module (ECM) may record speed, hard stops, and driving time. These are only a few examples. What is recorded depends on the truck, but newer ECMs may record additional information.

• Cameras: Depending on where the truck accident occurred, there may be camera footage showing what happened. Commercial trucks may also have internal cameras that record what drivers were doing before crashing.

• Social media, email, or text messages: Emails, text messages, or social media posts may be uncovered and used as evidence in some cases.

• Company records: Other documents or electronic communications may be helpful in a truck accident case.

Can an Attorney Help Me File a Truck Accident Claim?

There are more examples of evidence we could include in this blog. However, these are well-known examples that might be used in a case. Truck accident claims require skilled attorneys with experience investigating these cases. If you or a loved one were hurt during a truck accident, then our attorneys could help you discover who is responsible. Depending on the circumstances, you may be able to file a claim for damages against the trucking company or other parties. The Texas truck accident attorneys at Mike Love & Associates, LLC have experience investigating and handling truck accident claims. Our attorneys can review your claim at no cost during an initial consultation. Injured? Call today for your free consultation.

What Are Common Catastrophic Injuries After Truck Accidents?

Semi-trucks are the largest and heaviest vehicles on the road. When semi-trucks crash into other vehicles, they may cause multiple fatalities. However, many people also survive truck accidents with catastrophic injuries. These are permanent injuries that make it impossible to maintain gainful employment. Catastrophic injuries after a truck accident may include:

• Traumatic brain injuries: Blunt force trauma from a collision can cause a traumatic brain injury (TBI). Survivors with TBIs may have multiple health problems that complicate their lives. For example, TBIs may cause aphasia, a condition that impairs a person’s ability to speak or understand language. TBIs can also cause problems with balance, cognition, memory, and behavior. In the most severe cases, TBIs may leave accident survivors in a vegetative state.

• Burn injuries: Truck accidents can also cause burns, which range in severity. Third-degree burns can destroy the deep layers of tissue and could cause disfigurement. The consequences of fourth-degree burns are even more severe.

• Amputations: Limbs may suffer severe trauma during a truck accident. In some cases, amputations may be medically necessary. Open wounds and severe burns could also become infected and require amputations.

• Spinal cord injuries: Blunt force trauma from a truck accident can damage the spinal cord. Spinal cord injuries may cause a partial or total loss of function below the injury site. Some individuals with these injuries may be unable to move one or more limbs. The severity and effects of spinal cord injuries vary.

The traumatic nature of surviving a truck accident may also lead to severe psychological issues. Truck accident survivors can develop post-traumatic stress disorder (PTSD), a debilitating mental health condition that may severely reduce the quality of life. PTSD symptoms include flashbacks, insomnia, panic attacks, and severe depression. Accident survivors with PTSD may become withdrawn and unable to provide for themselves or their families.

Can a Truck Accident Lawyer Help Survivors with Catastrophic Injuries?

Catastrophic injuries are financially costly for truck accident survivors and their families. Some individuals with these injuries may require home modifications and rehabilitation services. They will lose their ability to provide income for themselves or their families. When injured motorists or their families file lawsuits after truck accidents, they may be able to secure damages from the responsible parties. Damages from a lawsuit could help pay for lost income, medical expenses, and other costs associated with a catastrophic injury. The Texas truck accident lawyers at Mike Love & Associates, LLC are experienced at litigating truck accident cases. We can discuss the details of your situation to help you determine whether you could bring a successful claim against a trucking company or other parties.

Do I Need an Attorney After a Tractor-Trailer Accident?

Statistics from the Federal Motor Carrier Safety Administration (FMCSA) show that more than 3,000 fatal truck accidents occur in the US each year. Even when these massive vehicles are driving at or below the posted speed limit, they can still cause widespread destruction in a crash. There are instances in which truck drivers or their employers may be held liable for a collision. In some cases, victims of these accidents or their family members may be unaware that they could file a claim against the responsible parties. If you are reading this blog because you or a loved one was recently harmed during a truck accident, then it is crucial to understand how an attorney can help your situation.

1. An attorney can investigate what happened. First, an attorney could investigate the merits of your claim to inform you of eligibility for filing a lawsuit. During the discovery phase of a lawsuit, an attorney will seek evidence from multiple sources. They may request internal documents from the company that employed the driver who caused your crash. In addition, they could also request data from the truck’s electronic control module (also called the black box). An attorney could help determine all of the parties who may be liable for your accident.

2. Trucking companies will fight your claim. Large trucking companies or equipment manufacturers may have access to powerful financial and legal resources. Filing a claim against a commercial trucking company does not guarantee you will receive the resources you need to recover from a catastrophic injury or loss. An attorney with experience handling truck accident cases has experience fighting these business interests.

3. An attorney can help with insurance adjusters. Adjusters from your and the trucking company’s insurance provider are likely to contact you after the accident. These individuals may play on your ignorance of the law and your desperation to ensure you receive as little as possible for your claim. An attorney can negotiate with insurance adjusters to help you receive the maximum amount from your claim.

Personal injury attorney Mike Love operated a commercial trucking business before opening his Lufkin personal injury law firm. Our attorneys not only have firsthand experience working in the trucking industry, but we also have experience helping victims of tractor-trailer accidents. Injured? Call our law firm for a free initial consultation with an experienced East Texas truck accident attorney who may explain your rights and possible legal options.