What Every Car Wreck Lawyer Needs to Know About a Truck Wreck Case

I am pleased to announce that my presentation at the American Association of Justice (AAJ) 2008 Annual Convention in Philadelphia was selected for publication by the organization. The article appears in the Fall 2008 issue of the Motor Vehicle Collision, Highway & Premises Liability Section newsletter. This section is the largest litigation section in AAJ. The article covers basic areas that a lawyer should consider when handling a tractor trailer case. For a copy of the article see: www.truckinjurylawyerblog.com/uploads/file/What Every Car Wreck Lawyer Needs to Know About a Truck Wreck Case, MVA Section Published Fall 2008.pdf 

Freightliner Trucks Uses OnGuard Automatic Collision Warning and Braking System

Frieghtliner has announced they will be using the Meritor WABCO OnGuard collision warning system. The system is a forward-looking, mono-pulse radar-based adaptive cruise control system with active braking. Active braking improves vehicle safety by automatically using the vehicle brakes to alert the driver and decelerate the vehicle when the truck gets too close to the vehicle in front of it. The system is officially called the OnGuard Collision Safety System. OnGuard provides visual, as well as audible, warnings to the driver in addition to braking the truck.

For more information see: www.meritorwabco.com/onguard.asp

Hear the president of Meritor WABCO at: rollaudio.libsyn.com/index.php

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Wall Street Journal Calls for Safeguards from Pilot Fatigue - The Bigger Problem is Fatigued Truckers

Andy Pasztor and Susan Carey had an excellent article on the effects of fatigue on pilots in the Wall Street Journal, PA1, Col. 4 Friday, September 12, 2008. While the NTSB calls fatigued pilots one of its "10 Most Wanted" safety improvements, it relates only 10 airline crashes and 260 deaths to the pilot fatigue problem since 1990. Compared to the fatigue problem in the trucking industry, and the thousands of deaths caused since 1990, the airline fatigue problem is minuscule.

I would have loved to have seen the authors compare the hours of service between  truck drivers and pilots, as well as the respective industry  issues that cause fatigue. For example the pilots have longer hours, but they also have auto pilots and have fewer dangers per mile than a truck driver. A lane change from a tired truck driver can, and frequently does, result in a fatality. Untreated sleep apnea is rampant in the trucking industry, yet pilots have to fly in thunderstorms.

There is no question that fatigue is a killer. I have previously posted on this topic and it will continue to be an issue until the government realizes that uncaring corporations will work their employees to the bone in order to earn a few more dollars. Pilots and Truckers have that in common.

Trucking Insurance Premiums Fall Dramatically - Time to Raise the Minimum Limits?

Throughout 2005 and 2006 there were only 11 or 12 insurance companies available that primarily covered tractor trailers. Today, that number has risen to over 25. The increase in competition lowered prices.

In his recent article, Premiums Fall 10% to 50% As New Firms Enter Market, Frederick Kiel describes the effect that the drop in premiums has on the trucking companies, as these new insurance companies are offering across the board rates to trucking companies in an effort to compete for their business. Regardless of whether a truck has a perfect record or a poor record, low rates are being offered. The article states, “’The fleets with good records are getting very good rates, but even the guy with a bad record can find insurance for a good price,’” said Jack de la Cova, the chief executive officer of Insurance Network Specialties Inc, based out of Plantation, Florida.

These new insurance companies are offering low premiums in an effort to gain new business, a trend that has been seen intermittently since the 1980s. Perhaps now is the time to look at the minimum insurance required to be carried by tractor trailer companies. Congress set the minimum rates back in 1984 at $750,000 for some companies with most being required to carry $1,000,000. Inflation and time have eroded the value of the coverage. Medical bills and the costs associated with catastrophic injuries have risen dramatically. Today, in a catastrophic case, the minimum limits are paid and quickly spent. The injured are then left for the taxpayer to pay for through medicaid or some other assistance program.

The time is right to increase the minimum insurance requirements of a trucking company.

My thanks to Jacquie Bretell who contributed to this article.

Recommended Lawyer Steve Gursten Wins 5.65M for Client

If you have been reading my blog for any length of time you know I have a strong opinion that people should only hire litigation specialists when they, or a loved one, have been injured by others. I have recommended several of these lawyers by listing them on my firm website www.TennesseeAccidentLaw.com I am pleased to announce that one of the recommended lawyers, Steve Gursten, has just received a $5.65 million dollar verdict for a client.

Steve's client received serious injuries, to include a brain injury. The recommended lawyers listed on my website are all capable of similar results and I once again recommend you hire a specialist with a case involving serious injury or death. What is more, you should hire them early. Remember that insurance companies are working against your case at the very same time they are telling you "don't worry, we will take care of you."  In fact, every insurance company in the U.S. will hire a lawyer, for the person who caused the collision, if they don't have the money to hire a lawyer for themselves!

Steve and I lecture together frequently so I know of his outstanding legal knowledge and ability. Not every lawyer is capable of handling a brain injury case, or in being able to adequately advise a client to reject large settlement offers. In Steve's case the defendants offered 1 million dollars, right before trial, which was properly rejected by Steve's client.

If you would like to read more about this verdict see: www.michiganautolaw.com/auto-lawyers-blog/2008/08/26/truck-accident-jury-verdict-is-one-of-the-largest-in-macomb-county-michigan/