Shutdown Orders on Trucks and Trucking Companies

Not all trucking companies or commercial truckers are unsafe, but there are bad apples. Take, for example, the case of a Connecticut-based driver who crashed his truck while drunk and changing his pants. The trucker told police he had turned on the vehicle’s cruise control at 63 miles per hour, and then stood up to change his clothing. Police reported the man’s blood alcohol content was .209, or five times the allowed amount for commercial drivers. Trucking companies can also be dangerous. A trucking company in Georgia faces accusations of failing to comply with drug-testing regulations and of neglecting vehicle maintenance. They also hired unqualified drivers, one of whom crashed a vehicle here in Texas. This truck was carrying Takata airbag inflators as cargo. When the car crashed while taking a high-speed turn, the Takata airbag inflators caught fire. The resulting explosion leveled a house, killed the occupant, and caused extensive damage to several other nearby properties. Fortunately, the Federal Motor Carrier Safety Administration (FMCSA) can shut down unsafe trucking companies and drivers.

What Happens When the FMCSA Gives a Shutdown Order?

Commercial carriers who receive shutdown orders must halt all intrastate and interstate operations because they are a threat to public safety. The same goes for drivers.

• Trucking companies: Commercial carriers, or trucking companies, receive shutdown orders for failing to perform maintenance, hiring unqualified drivers, failing to monitor drivers for hours-of-service compliance, or failing to provide training. These companies may also fail to inspect equipment or perform background checks and drug tests on drivers. Generally, trucking companies receive shutdown orders for failing to comply with federal motor carrier regulations and for posing a threat to public safety.

• Truck drivers: Truck drivers receive shutdown orders for drug use, unsafe driving, ignoring hours of service rules, lacking qualifications, or violating other federal regulations.

Commercial carriers and drivers who violate shutdown orders can receive hefty civil and criminal penalties. These companies and drivers are a threat to public safety.

Why Are Shutdown Orders Good for Public Safety?

Shutdown orders exist for good reasons. They will not prevent all truck accidents, but they can reduce the overall number. There were 3,424 fatal truck accidents in 2014. Some of these accidents were caused by drivers who had violated federal safety regulations. One example is the crash that killed comedian James McNair and left famous entertainer Tracy Morgan with a brain injury. The Walmart driver responsible for the accident had been awake for more than 24 hours and was speeding. The Texas truck accident attorneys at Mike Love & Associates, LLC can hold negligent truckers and commercial carriers accountable for causing accidents.

How Do Injured Workers File Lawsuits in Texas?

Employers in Texas are not required to carry workers’ compensation. Some may have occupational accident insurance, while others may not take any coverage. For employers that use workers’ compensation, there are some important nuances to understand before discussing third-party lawsuits in Texas. In the event you suffer an on-the-job injury and your employer uses workers’ compensation, you will most likely be unable to file a lawsuit. Injured employees use workers’ compensation to pay for medical bills and lost income. Workers’ compensation benefits do not allow for pain and suffering damages. There are still scenarios where injured workers can file lawsuits, even if their employers are using workers’ compensation. These are called third-party lawsuits. As the name implies, third parties may be responsible for on-the-job injuries. This can include the manufacturers of equipment used on job sites, contractors, subcontractors, and other motorists. Third-party lawsuits allow for pain and suffering damages, and can result in much larger awards.

An Example of an On-the-Job Injury Caused by a Third Party

James works for a Lufkin construction company that has been contracted to help build a new community center. James’s employer has hired another company to install electrical wiring for the construction project (making this second company a subcontractor). One day on the job site, James walks in front of a loose wire left out in the open. Thousands of volts surge through James’ body, and he is badly burned. An air ambulance arrives, and James is flown to the nearest hospital with a burn unit. When he wakes from his medically induced coma, doctors tell James that he has suffered third-degree burns over 30 percent of his body and that the fingers on his left hand had to be amputated. An investigation reveals the subcontractor hired to do the wiring is responsible for the accident.

What Can Happen After Filing a Third-Party Lawsuit?

James is not employed by the electrical subcontractor in our story, making it a third party. This third party’s negligence caused James’ injuries, and he may have a claim. If James files a lawsuit against the electrical company, he should still use workers’ compensation benefits. Workers’ compensation will help pay his medical bills and lost wages while the lawsuit against the subcontractor is underway. If James is successful in securing a judgment or reaching a settlement with the subcontractor, he would be required to repay the insurance provider that provided him with workers’ compensation benefits from a portion of his award. This is a process known as subrogation. Depending on the size of the judgment or settlement agreement, the amount subrogated can be small in comparison. Workers harmed by the negligent actions of others should know what options are available to support their recovery. The Texas personal injury attorneys at Mike Love & Associates, LLC, can help injured workers and their families explore available options.

Why Does Angelina County’s Most Dangerous Intersection Continue Causing Accidents?

Angelina County’s most dangerous intersection recently caused another serious car accident, this time involving a 22-year-old woman and a 2-year-old child. The intersection at U.S. Highway 69 and FM 326 is well known in our county for causing accidents. Nearby residents interviewed by KTRE claim they frequently see serious wrecks occur. One of the residents claimed they had seen four car accidents occur at the intersection in the last month and a half. Why is the intersection a significant cause of accidents? Motorists turning onto Highway 69 from FM 326 cannot see oncoming traffic coming from over a hill to the left. Some vehicles on Highway 69 may be speeding, making this intersection even more dangerous. Fortunately, the Texas Department of Transportation (TxDOT) is taking complaints about the intersection seriously. TxDOT will be conducting a signal analysis study at the intersection this week. Data collected from the study will determine whether further action is warranted. If necessary, TxDOT could make the Highway 69 and FM 326 intersection signalized by installing traffic lights.

How Can You Avoid Accidents at Angelina County’s Most Dangerous Intersection?

The best way to avoid an accident at Highway 69 and FM 326 is to avoid the intersection by taking alternative routes. People turning right or left can take Pee Wee Smith Rd to Highway 69, as there is no hill obstructing oncoming traffic. Visibility is much better for traffic coming from either direction. Alternative routes may not be an option for everyone. Until TxDOT makes its decision, there are other ways you can reduce the chances of being involved in an accident at Lufkin’s most dangerous intersection.

• Turn off music: Highway 69 and FM 326 are a blind intersection, so it is crucial to rely on your other senses to detect approaching traffic. You may have an easier time hearing other vehicles approaching if you turn off the radio or stereo.

• Scrutinize the intersection: Look both ways, but do so quickly. It does not take long for traffic coming up over the hill to reach the intersection.

• Avoid this intersection at night: It's hard to see traffic approaching from the left. This is even more the case at night on a poorly lit highway. If you are going to turn onto Highway 69 at night, it may be best to use one of those alternative routes.

• Avoid any distractions: Eating, texting, or grooming can be fatal at this intersection. Highway 69 and FM 326 require your full attention.

It could take TxDOT a while to fix this dangerous intersection. In the meantime, we need to stay vigilant or find alternate routes. The Texas personal injury attorneys at Mike Love & Associates, LLC, encourage you to drive safely.

Should Large Vehicles Use Speed Limiting Devices?

East Texas has experienced several truck accidents in recent weeks. Last week, a log truck rollover in Nacogdoches shut down part of Highway 7. In August, a tractor-trailer and two passenger vehicles were involved in a collision in Lufkin. Two people lost their lives. Recent news is a reminder that commercial vehicles can cause more destruction than passenger vehicles. Commercial drivers need to avoid speeding and other dangerous driving habits. However, commercial drivers are human beings, and therefore not immune to making mistakes. For this reason, federal regulators are emphasizing the use of new technologies to prevent these harmful behaviors. Speed-limiting devices might be one way to accomplish this goal.

Why The FMCSA and NHTSA Want Speed Limiting Devices

A proposed Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) rule would require speed-limiting devices on commercial and multipurpose vehicles weighing more than 26,000 pounds. This would include tractor-trailers, school buses, passenger buses, and other large vehicles. At the moment, the rule under consideration uses devices to cap maximum speeds at 60, 65, or 68 mph.

The FMCSA’s and NHTSA’s rule has been submitted to the Federal Register and will now be open to public comment until November 7th. Critics and proponents of the rule have already voiced their opinions through multiple press releases. We can learn quite a bit from what they are saying. U.S. Transportation Secretary Anthony Foxx claims that speed-limiting devices on large vehicles could serve an essential purpose. He claims it would save lives. NHTSA Administrator Mark Rosekind echoed these sentiments, saying that decreasing speed would reduce the impact force from collisions.

According to both Department of Transportation agencies, speed-limiting devices on vehicles weighing more than 26,000 pounds could save 27 to 498 lives every year. Both arguments also suggest that many people could be spared the hardships of living with disabilities from catastrophic injuries. Opposing the rule is the Owner-Operator Independent Drivers Association (OOIDA). According to OOIDA, the new rule would jeopardize the safety of all motorists by leading to speed differentials and road rage. The association claims that highways are safer when all vehicles are driving close to the same speed.

Where Do You Stand On This Issue?

Both sides make some interesting points. We know that speeding commercial trucks are more likely to experience rollovers, jackknifing, have less time to stop, and are much more likely to cause fatal collisions due to the massive impact force. On the other hand, road rage is dangerous and can cause accidents. People in a fit of road rage are much more likely to engage in dangerous maneuvers, such as leaving the highway to pass other vehicles or speeding. If it were up to you, would you want to implement a rule requiring speed-limiting devices on vehicles weighing more than 26,000 pounds? Keep up with the Texas truck accident attorneys at Mike Love & Associates, LLC on Facebook and share your thoughts.

Why Do Overloaded Trucks Cause Accidents?

Any commercial truck on the road poses increased danger to other motorists, but an overloaded truck presents additional hazards. The Federal Motor Carrier Safety Administration (FMCSA) imposes weight limits on trucking companies to prevent as many weight-related truck accidents as possible. According to the FMCSA, the weight limit for a commercial motor vehicle is a gross weight (truck and cargo) of no more than 80,000 pounds. Some trucking companies have been caught ignoring the rule in an attempt to boost productivity. In 2014, the Texas Department of Public Safety cited 61,184 drivers for operating overweight trucks. Overloaded trucks are responsible for hundreds of accidents on Texas roads every year. In 2011, 1,137 accidents on Texas highways were caused by overloaded trucks, in which four drivers died and another 30 were injured.

What Risks Do Overloaded Trucks Pose?

A commercial truck can easily weigh 20 or 30 times more than an average vehicle. That means that they cause significantly more damage upon impact. Other dangers associated with overloading include:

• Difficulty stopping – The increased weight means more mass to overcome. More mass means more momentum. More momentum means it could take much longer for an overweight truck to stop; too long to prevent a fatal car accident.

• Risk of breaking axles – The axles on a truck are rated to carry a certain weight. If the axles are overloaded, they could break. If the axle on a 100,000-pound rolling object breaks while it’s traveling 60 mph, that’s going to do some damage to any vehicles nearby.

• Instability and tip overs – Overweight trailers could also cause the truck and its cargo to fall over, potentially crushing cars passing by.

• Increased risk of dropping cargo – Falling debris is also a serious concern with overloaded trucks. When trucks are overloaded, it’s hard to ensure cargo is securely strapped.

What Can I Do If I’m Injured in an Overloaded Truck Accident?

If a trucking company asks its drivers to exceed regulations on weight, it may cause a serious accident. Truck drivers and companies have a responsibility to follow the rules and keep other people on the road safe. The vehicles they are driving are deadly and should be handled with caution. Depending on the circumstances of an accident, truckers and commercial carriers can be held liable when other drivers are injured or killed. Profits should never take precedence over other people's lives. Suppose you were injured because a trucking company valued productivity and profit over your safety. In that case, you should contact a personal injury attorney as soon as possible to discuss your legal options.