Talking on Cell Phone While Driving Similar to Drunk Driving. Trend is to Make Cell Phone Use While Driving Illegal

New Jersey has passed a law that makes it illegal, beginning March 1, 2008, to  talk on a hand-held cell phone while driving or to text message while driving. My truck driving friends tell me this is long overdue as they frequently see passenger car drivers oblivious to the danger they create when they are talking on the phone.

Washington was the first state to ban texting in a car back in 2007. Connecticut and New York also have bans on the use of cell phones, New York is apparently allowing the use of hands free devices.  The New York hands free approach was followed by California and D.C. Some states only limit the use of cell phones by school bus drivers, Arkansas and Arizona for example.

Expect the ban on cell phone use while driving to spread. Studies equate to driving while on a cell phone to driving while drunk. If you wouldn't drink and drive, don't call and drive. The studies started in 1997 and found someone talking on a cell phone is four (4) times as likely to cause accidents when engaged in cell phone conversation than when not engaged in cell phone conversation. The landmark epidemiological study is Redelmeier and Tibshirani (1997) “Association Between Cellular-Telephone Calls and Motor Vehicle Collisions.” New England Journal of Medicine, 336, 453. The study examined the telephone records of 699 auto drivers who had caused motor vehicle accidents and found that 24 percent were involved in cell phone conversations at the time of the accidents. The established four fold increased incidence of accidents in association with cell phone use is the same incidence associated with DUI drunk driving.

 


 

 

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Better Drug Tests Needed For Truck Drivers

Current DOT drug tests can be beaten, easily, by truck drivers. In fact even if all the procedures are followed urine samples can be switched, at least that is what the Drug and Alcohol Testing Association has stated. I would list the various ways to cheat but that has already been supplied to truck drivers in the April 14, 2008 issue of Transportation Topics. They even listed the name of the product to use, which would allow driver's to find it on Google, to avoid having a positive drug test. No kidding. You just can't make this stuff up.

 A better method, and less invasive, would be simply to test hair samples. This test can determine drug use over the period of time it took the hair to grow. Another method, the saliva test, can determine some drug use within a 24 hour period. The best result for the public would be a combination of the tests, but no one at this time, even safety groups, appears to be advocating for that at this time.

What is clear from the above is that the urine tests currently administered can easily be beaten. There are better methods available to detect drug use, and the failure to have better testing allows drugged up drivers on the road.

Tennessee Industry Roadblock Takes 36% of Inspected Trucks of the Road for Violations

Staff writer Ben Benton of the Chattanooga Times Free Press reported Thursday, April 12, 2008, on the statistics from the Tennessee Industry Road Block at Monteagle, Tennessee. The Roadblock was run by the Tennessee Highway Patrol's Commercial Vehicle Division. The results?

  1. 2310 Trucks went through the inspection site in the time the roadblock was set up.
  2. 41 trucks were inspected (my calculation shows that is 1.8 percent of the trucks)
  3. 12 trucks were removed from the road (apparently for mechanical/equipment issues)
  4. 3 drivers were removed from the road for violations (typically hours of service violations but the article didn't say)

Thus out of 41 trucks inspected 15 were on the road in violation of regulations ranging from being overweight (which means the truck can't stop as fast as a properly loaded truck and other problems associated with exceeding the design capacity of the truck) to an airline problem which could eliminate braking capacity for a tractor trailer (truck brakes are typically air brakes). This is a 36.5% failure rate of inspected trucks.

What does a 36.5% failure rate mean? The article states "more than 9 million trucks" pass through Tennessee. Given that number, and a 36.5% failure rate, that means 3,285,000 trucks IN TENNESSEE ALONE shouldn't be on the road. Perhaps what is worse a trucking company official, who was also present with Mr. Benton and quoted for the article, stated "Everything the Troopers do on inspections is what the driver should do every morning before he leaves." This means the companies either fail to train the drivers in how to do a proper FMCSR pretrip inspection or the company has fostered a safety attitude that allows the driver to believe he can get away with a poor inspection.

The implications for Tennessee, and the rest of the country, are serious. Trucking companies must crack down on safety issues within their fleets before more tragedies occur. It is far cheaper to conduct a proper inspection than it is to deal with litigation after a collision caused by a problem that should have been corrected before the truck left the terminal.

DRIVECAM REDUCES LITIGATION AND MAKES FOR SAFER DRIVERS

I just returned from a presentation by DriveCam www.drivecam.com that could really help trucking companies reduce claims AND eliminate risky drivers from their fleet. DriveCam works much like an event data recorder discussed in prior blogs. Essentially it is a camera mounted in the cab of the truck that will retain several seconds of video of both the driver and what is in front of the truck before and after an emergency event like hard braking, swerving, collision, etc... The information is automatically transmitted, wirelessly, to DriveCam headquarters for a safety analysis and then on to the trucking or bus company. Companies can then look at the data, EVEN IF THERE IS NOT A WRECK, to see what if any driver errors there were in creating the emergency situation. Was the driver following too close? Did a car swerve in front of them and cut them off? DriveCam allows company officials to review and to recognize safe drivers for preventing accidents and penalize dangerous drivers for causing accidents.

If DriveCam data exists it will immediately prove, or disprove, the cause of a collision. Juries will no longer have a he said, she said, situation in court. Trucking companies will either have a defense or will be able to admit liability, and accept responsibility,  for what happened without the burden and expense of a trial. It would appear that everyone would benefit.

I realize that some drivers may feel big brother has entered the cab. I would love to hear from drivers who were saved from punishment or a lawsuit because of DriveCam proof as well as from any driver who feels they were punished unfairly by the DriveCam system.

 

Traumatic Brain Injuries/Post Concussive Syndrome from Trucking Collisions

One of the most devastating injuries anyone can have, and still live, is a mild traumatic brain injury or TBI. This is sometimes referred to as post concussive syndrome.

In fact, there is nothing "mild" about a TBI. If you or someone you love has this type of damage to the brain you know what a problem it causes within and without the family.

There is greater chance that a person involved in a collision with a tractor trailer will receive a TBI than in other, milder collisions, although it must be considered and evaluated in EVERY case involving a truck or a car wreck. Even mild impacts to the head can have devastating results. In fact there does not have to be a significant amount of damage to a car to cause a TBI. One of the greatest myths perpetuated by defense lawyers is that you can't have a TBI without a loss of consciousness. This is simply not true.

Many Dr's don't look for TBI it as it doesn't show up on an X-Ray, and it generally requires consultation with other experts. What should a family look for if they are concerned about a TBI in someone they love? Factors include:

  1. Headaches
  2. Dizziness
  3. Diplopia (double vision of one or both eyes)
  4. Fatigue
  5. Irritability
  6. Sleep Problems
  7. Concentration Problems
  8. Memory Problems
  9. Problems involving stress, emotional, alcohol
  10. Affect changes, anxiety, depression
  11. Changes in personality
  12. Apathy
  13. Tinnitus (ringing in the ear)
  14. Post Traumatic Stress Disorder

If any of these are noted after a collision, WHETHER OR NOT THERE WAS A KNOWN LOSS OF CONSCIOUSNESS, the treating doctor should be told as soon as possible. Even after the problem is diagnosed, treatment remains an issue. The Brain Injury Association of America has stated that:

The Centers for Disease Control and Prevention estimates that at least 5.3 million Americans currently have a long-term or lifelong need for help to perform activities of daily living as a result of a TBI.

According to one study, about 40% of those hospitalized with a TBI had at least one unmet need for services one year after their injury. The most frequent unmet needs were:

Improving memory and problem solving;
Managing stress and emotional upsets;
Controlling ones temper; and
Improving ones job skills.

TBI can cause a wide range of functional changes affecting thinking, language, learning, emotions, behavior, and/or sensation. It can also cause epilepsy and increase the risk for conditions such as Alzheimer's disease, Parkinson's disease, and other brain disorders that become more prevalent with age.

The national brain injury associations can be very helpful. One of them, The Brain Injury Association, can be reached at: www.biausa.org To read about someone who has had a TBI and provides insight , links, and other resources to those who have, or have had a loved one with a TBI, see secondchancetolive.wordpress.com

Finding the Best Lawyer to Handle a Truck, Bus, or Commercial Vehicle Case

I have been asked this question in one form or another over the years and thought I would share the following thoughts on how to hire a great lawyer for your trucking case:

  1. The lawyer should not ask you for money, and should appear to be well to do. Trucking cases are expensive, an accident reconstructionist can easily run up $15,000 in charges reconstructing a collision. The case may also require an expert on trucking company practices, an economist, a vocational expert, etc... The doctors who are involved in the case must be paid for their time to explain the injuries to a jury. Then there are the focus groups , these can run up to $20,000. In short a lawyer can spend $100,000 in getting a case into court. Can the lawyer you hire afford to do that? You may never know how the lawyer is doing but, if your lawyer is in a dump, that should give you a clue.
  2. Are they a member of one or more lawyer's groups that deal with truck, bus, and commercial vehicle accidents? Generally this means the lawyer should be a member of his state trial lawyers association, the national trial lawyers association (called the American Association for Justice [AAJ] www.justice.org (and they should also be a member of the AAJ Interstate Trucking Litigation Group)),and finally they should be a member of the Association of Interstate Trucking Lawyers of America www.aitlamerica.com . Then there are other groups that, while not specifically related to trucking, indicate a special level of competence of a lawyer in representing the injured. These groups include, amongst others, the Belli Society and The Academy of Trial Advocacy. Both groups are invitation only with a strict membership criteria.
  3. Anyone you entrust your or your families case to should have the experience of handling, and recovering, at least one, and preferably several million dollar cases.
  4. You should chose someone who has lectured other lawyers in the area of trucking litigation, and preferably more than once. Only the best lawyers can stand before fellow lawyers, who do the same thing they do, and teach them something new about how to handle a trucking case. Any lawyer might be given one chance to speak at a seminar, but since the presentations are graded by the audience, only the best of the best get invited back to teach their fellow lawyers a second time. If the audience of lawyers feels the seminar is not worthwhile the speaker won't be invited back a second time.
  5. The lawyer should be able to immediately hire the best experts and get them involved in your case. Frequently I am retained on cases by other lawyers who failed to to get experts involved early in the case. This can result in evidence being lost and a host of other problems. Knowing the best experts in a field of study, and when to get them involved in a case, is critical in the succesful representation and conclusion of a commercial trucking case.
  6. CHECK OUT THE LAWYER'S WEB SITE - The web site will tell you what type of cases the lawyer's firm handles. Do they have an extensive trucking site or is it more focused on car wrecks or general personal injury matters? Does the lawyer have a blog, and if so in what area of the law? Do they list papers written by the lawyers, and if so what are the topics?

My firm fits the above qualifications (I am an officer of the AAJ Interstate Trucking Litigation Group, on the National Advisory Board for the Association of Interstate Trucking Lawyers of America, etc...) and most of the other good trucking lawyers I know have accomplished the above... at a minimum. There are a few lawyers in every state that meet the above qualifications and it is to these lawyers that you should entrust your case. If you don't know who they are, give me a call toll free at 866-580-4878 and I will be happy to discuss your case and pass on a name or three for you.

THE JACKKNIFED TRACTOR TRAILER, AN I-75 WRECK

A March 7, 2008 collision in Chattanooga reminds me again of how important it is to hire a lawyer early in collisions involving tractor trailers. In this wreck, according to the Chattanooga Times Free Press article on page B3, "The driver of one of the semi (sic) lost control of his truck... The truck jackknifed and hit another 18-wheeler, and three cars were caught between the trucks..."

The speed of the semi can be determined by downloading the black box computer which records sudden braking events. This data can be deleted if not downloaded promptly by a proper expert.

Driver logs, which might show the driver fell asleep at the wheel after driving more hours than the law allows, may be destroyed after six months.

The roadway marks that will show driver actions, as well as the sequence of events, start to fade and you may have other marks from other vehicles placed on the roadway.

So what would cause a driver of an 18 wheeler to loose control and jackknife?

Wikipedia states: 

Jackknifing means the accidental folding of an articulated vehicle (i.e. one towing a trailer) such that it resembles the acute angle of a folding pocket knife. If a vehicle towing a trailer skids, the trailer can push it from behind until it spins round and faces backwards. This may be caused by equipment failure, improper braking, or adverse road conditions such as an icy road surface.

By far the most common skid is caused when the rear wheels lose traction through excessive braking or acceleration. Skids caused by acceleration can usually be stopped by the driver taking his foot off the accelerator. If the rear drive wheels lock due to excessive braking they will have less traction than freely rolling wheels. The rear wheels then move sideways in an attempt to "catch up" with the front wheels, allowing the trailer to push the towing vehicle sideways, causing the jackknife.

 


 

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AAJ'S 2008 NATIONAL TRUCKING SEMINAR

I just returned from the American Association for Justice's 2008 Trucking Litigation Seminar where, with hundred's of lawyers from around the country, we gathered together to talk about the complicated world of tractor trailer litigation. The program was designed to teach lawyers new to the area of trucking litigation how to handle cases and to give experienced lawyers new tips and insights to take their practices to a new level. It was a great seminar and I would like to thank all the staff at AAJ who made it possible as well as this year's chair of AAJ's Interstate Trucking Litigation Group Steven Gursten from Michigan. So what did we discuss?

I presented a program on the Direct Examination of the Accident Reconstructionist, a critical witness in a trucking case that can make sense of conflicting witness statements and the physical evidence left at a crash scene. Other speakers and their topics included:

  1. Michael Leizerman - How to Discover Service Violations and What to do With Them
  2. Edward Hershewe - Convincing Arguments fro Damages in Trucking Cases
  3. Steven Friedman - Spoliation of Evidence
  4. Stephen Gorney - Technology Update in Trucking Cases (GPS, Black Boxes, and On    Board Computer Operating Systems)
  5. Emily Hawk Raley - Truck Driver Training and Standards
  6. Sylvester James - Themes in Trucking Cases
  7. Eddie Davidson - Jury Selection in a Trucking Case
  8. James Sloan - Investigating the Crash and Accident Reconstruction
  9. Kenneth Shigley - Understanding NHTSA
  10. Robert Bailey - Crafting the Trial Story for Trucking Cases
  11. Richard Holmes - Common Pitfalls in Handling Trucking Cases - The Defense Perspective

Specialized programs like this make a huge difference in a lawyer's ability to handle trucking cases. It puts the sharpest legal minds together in one room talking about one thing, how to handle those tragic cases where someone was injured or killed from a crash with a tractor trailer. The faculty did an outstanding job and are to be commended for all their hard work. I was honored to be asked to speak and  be a part of such a highly respected group.

 

 

TRUCKING REVENUE FOR 2006 IS $645 BILLION

Total revenue for truck transportation and warehousing reached $312 Billion in 2006 according to the US Census Bureau’s report December 4, 2007. In 2005 revenue was $293 Billion. This report did not include private trucking which, according to the American Trucking Association, if included, would place 2006 revenues at $645 Billion.

From time to time I am asked why I think the trucking industry should pay for greater safety features on trucks. The answer is because trucks are inherently dangerous, they kill people, and trucking companies can afford to make them safer.

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Court of Appeals Increases Danger on the Roads and Rejects 10 Hour Rule for Truckers

The U.S. Court of Appeals, for the District of Columbia Circuit, on Wednesday, January 23rd, denied Public Citizen’s motion to vacate the interim regulations adopted by the Federal Motor Carrier Safety Administration (FMCSA), keeping in place the rule increasing the time drivers are allowed behind the wheel from 10 hours to 11. The 10% increase in driver's hours was previously struck down by this very court.

The governments retention of the 11 provision is a major blow for safety in this country given the increased use of trucks and the decline in the number of available drivers. According to the American Trucking Associations own studies the trucking industry was 20,000 drivers short in 2004 and it estimated the industry would be short 111,000 drivers by 2014. This means less qualified drivers will be driving longer hours. Please see my earlier posts on the HOS issue.

YOU SHOULD CALL OR WRITE YOUR CONGRESSMAN AND TELL THEM 11 HOURS IS TOO MANY TO BE BEHIND A WHEEL OF AN 80,000 pound tractor trailer.

A copy of the one page order allowing the FMCSA 11 hour rule to remain in place may be found at:

www.truckinjurylawyerblog.com/Order On HOS Rejection Petition to Enforce Jan 23, 2008.pdf