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.

Notorious Auto Defects in History Part 1: Ford Pinto

The Ford Pinto is responsible for one of the most infamous scandals in US automotive history. This once-popular subcompact car is also a terrifying example of what can happen to consumers when products contain deadly safety defects. Fuel tanks in these vehicles were prone to punctures or ruptures during low-speed rear-end collisions. Gasoline would leak underneath the car and combust. Fuel tank fires killed an estimated 27 to 180 people. Additional victims were disfigured from burn injuries.You may be wondering why a company would release a product that was prone to exploding in minor rear-end collisions.

The story of the Ford Pinto is also a tale of corporate greed. During the late 1960s, Ford was desperate to compete with foreign manufacturers that were selling cheaper, smaller vehicles in the US. The Pinto was Ford’s answer to becoming competitive in this market. Ford executives wanted to get the Pinto onto the market as soon as possible. A 25-month delivery deadline was set. Ford initially discovered the fuel tank problem during low-speed, rear-end crash tests. Multiple tests resulted in fuel tank ruptures.

There were two reasons why this kept happening. Engineers discovered that bolts could puncture the fuel tanks. The filler necks could also tear away from the fuel tanks. Both flaws caused fuel leaks and created a major fire hazard. However, several tests did not result in fuel tank ruptures. Engineers used various safety devices to protect the fuel tanks during those tests. An internal memo uncovered during a lawsuit against Ford showed that it had made a cruel calculation while deciding whether to apply fixes to the fuel tanks. According to this memo, Ford calculated that it would have cost $113 million to delay production and apply the fixes, but only $49 million to pay damages from lawsuits filed by victims.

Ford did eventually issue a recall for 1971-1976 Pintos in 1978. By the time the recall was announced, countless people had their lives ended or destroyed. In one case, a 13-year-old boy suffered severe burns and disfigurement. Three teenage girls in Indiana were burned alive while riding in a Ford Pinto. More than 100 lawsuits were filed against Ford by crash survivors and their families. We will never know the damages Ford paid victims because many of the cases were settled out of court. However, the damage to Ford’s reputation at the time was substantial. Even decades after its release, many people still remember the infamous Ford Pinto.

Injured by a Defective Auto Product?

You can contact the Texas product liability lawyers at Mike Love & Associates, LLC for a free consultation if a defective auto product injured you or a loved one. Our attorneys can review your situation and inform you of available legal options to pursue damages.

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.

Beware of Dog: Not All Dogs are Man’s Best Friend

In 2014, KFC was accused of asking the family of a disfigured 3-year-old girl to leave the restaurant. Three months prior to this incident, the girl had been attacked by three Pit Bulls while visiting her grandfather. Although the girl survived the attack, she lost sight in one eye and can no longer move the right side of her face. Her parents described how she could no longer look at herself in the mirror and did not want to be seen in public. This story is an example of how dog attacks can leave victims physically and emotionally scarred.

Dog attacks are common in the US. According to the American Veterinary Medical Foundation, 800,000 people in the US receive medical attention for dog bites each year. Statistics published by the American Society of Plastic Surgeons show that during 2015, more than 28,000 people in the US required reconstructive surgery after being attacked by dogs. Children are more likely to suffer severe injuries, such as disfigurement, after an attack. Even minor dog bites can cause severe health complications. Centers for Disease Control and Prevention (CDC) statistics published in 2015 show that there are an average of 4.5 million dog bites in the US each year. Roughly one in five of these bites becomes infected.

Although many of these bites result in minor infections, some bites transmit MRSA (Methicillin-resistant Staphylococcus aureus). MRSA infections are more challenging to treat because MRSA is resistant to antibiotics. Attacks can also be fatal. Some organizations, such as Dogbites.org, keep a running tally of the yearly deaths caused by dog attacks.

Are Owners Responsible for Dog Bites?

Dog owners may be liable for injuries or deaths caused by their pets. It would depend on the circumstances. In Texas, a dog owner may be liable for an attack if he or she knew the dog was dangerous and it attacked someone. For example, the owner may have been aware that the dog had a history of aggressive tendencies. The owner may also be liable if they do not properly restrain the dog and it attacks someone. In these cases, victims or their family members may be able to file lawsuits seeking damages. The breed of the dog is an important factor in determining damages in a dog bite lawsuit. Although there are certainly many Pit Bull fans in the US, these dogs are more physically capable of causing significant harm to a person than smaller dogs, such as a Pomeranian.If you or a loved one were attacked, then an attorney could help determine whether the owner is liable.

There are nuances to dog bite statutes in Texas, so it is important to discuss your situation with an experienced personal injury attorney. Damages from a dog bite lawsuit could help pay for medical bills, reconstructive surgery, or funeral expenses. Pain and suffering damages, also called non-economic damages, may be included in cases that involve disfigurement or psychological trauma. If a dog attacked you or a loved one, contact the Texas personal injury lawyers at Mike Love & Associates, LLC. We can investigate your eligibility for filing a lawsuit. Injured? Call us today.