DEADLY TRACTOR TRAILER CRASH KILLS DORORTHY ROCA IN GREENE COUNTY, TN

Another tragedy occurred Saturday when a tractor trailer struck Armando Roca’s car from behind, killing his passenger and wife Dorothy Roca, on interstate 81 in Greene County, Tennessee. The collision occurred at approximately 2pm when the Roca’s car, driven by Mr. Roca, was rear ended by a tractor trailer driven by Samuel Alvarenga. How do tragedies like this happen? It all starts with the tractor trailer company.

If the Roca’s hire an experienced trucking lawyer to represent them they will find that this wreck was the result of safety and training violations by the trucking company. The driver of the trucking company was most likely over his hours of service, making him fatigued and unable to react in time to avoid the collision. This is a topic I have written extensively on in the past in this blog and elsewhere. Further the company probably did not train the driver on safe following distances and unique problems in stopping his truck.

The Roca’s wreck was complicated by a prior wreck that occurred a tenth of a mile from the site of this wreck. Why is this a complication, since it is a professional driver’s duty is to pay attention to what is on the road in front of him?   Simply because the defendants will use this, the prior wreck, as an excuse to avoid accepting any responsibility for causing the wreck involving the Roca’s. Regardless of the prior wreck, had the trucking company properly trained their driver the wreck involving the Roca’s would never have occurred.

Another horrible part of this collision is while Mr. Roca is in the hospital, and having to arrange for the funeral of his wife and is being forced to deal with a thousand other worries and burdens as a result of this tragedy, the defendant’s insurance carrier has sent out a rapid response team to preserve evidence favorable only to the truck driver and the truck company. The insurance company is taking advantage of the tragedy to benefit its insured at the cost of the Roca’s. I have written about this insurance industry practice extensively in prior blogs. If the Roca's know qualified investigators they should hire them immediately to protect their rights. If they don't know where to turn, they should hire an experienced truck litigation lawyer to assist them ASAP.

The most frequent mistake I see by people injured by tractor trailers is the hiring of lawyers that are experienced in car wrecks, or some other are of the law, to handle a truck wreck case. To put it simply they are different. Please see my prior posts on ways to check out if a lawyer is experienced in the handling of tractor trailer cases or whether they just have a nice (if misleading) ad.

At this firm we regularly represent drivers who are injured by the negligence of truckers. We are always available to review such incidents.

 Morgan Adams is a trial attorney licensed in Tennessee and Georgia. He is listed as a "2008 Mid-South Super Lawyer" (Limited to the top 5% of the lawyers in Tennessee, Mississippi, and Arkansas), is a member of the Million Dollar Advocates Forum (limited to lawyers who have recovered 1 million dollars or more for their clients), and is the Chair-Elect of the American Association of Justice's Interstate Trucking Litigation Group. He has served as chair of the Tennessee Association of Justice's Trucking Litigation seminars since 2004, and is a frequent speaker at national continuing legal education programs on trucking liability cases.

 

The Critical Importance of Continuing Legal Education in Hiring a Lawyer to Handle Your Trucking Case

I spend a HUGE amount of time lecturing other lawyers at continuing legal education seminars across the country. Why? Because it is important that lawyers stay current in trucking litigation issues if they are to represent families whose lives have been forever changed by a collision. In a small way, I am ensuring justice can come to the families of those I don't represent, and may never know about. Not every lawyer wants to give back to others, and that is their choice. But even if they don't teach, they should at least attend. A lawyer that neither teaches not attends continuing legal education in the area you need a lawyer is not a lawyer you should hire.

If your lawyer has not attended a trucking seminar in the last two years, why not? Ask to see a transcript of the Continuing Legal Education Programs they have attended. That will tell you quickly the areas of law the lawyer deems it important that they stay smart in. If all the courses they have taken are criminal or corporate law, do you really think they are focused, truly focused, on getting justice for those hit by a tractor trailer?

Lets look at a trucking lawyer in Michigan, Steve Gursten. Mr. Gursten  has not only written a chapter in a book about trucking litigation, he has presented at several seminars on trucking litigation topics and is in a leadership position in the American Association of Justice Interstate Trucking Litigation Group as well as a National Advisory Board Member of AITLA.  (Disclaimer, I am also a National Advisory Board Member of AITLA). Don't allow your case to be handled by an inexperienced lawyer. Hire someone that knows what they are doing. If you look at the lawyers continuing legal education, you will have taken a big step in finding the right lawyer for your case.

Court Blocks Direct Observation of Drug Tests for Truckers Who Tested Positive

The U.S. Court of Appeals for the District of Columbia recently put into place a temporary stay, preventing employers from directly observing employees take a drug test AFTER THEY FAILED THE FIRST ONE!  I have not reviewed the case or the stay so this is off the top of my head but what were they thinking? 

Perhaps I am biased because ALL drug tests in the military are observed. Perhaps I am biased because almost 2% of the truckers on the road are DUI (see my prior posts), perhaps I am just worried about my family on the road with a drugged out trucker. Regardless, if a trucker has already failed a drug test, and they allow him to be retested to keep his job, EVERY possible precaution should be used to make sure a druggie isn't behind the wheel of an 80K tractor trailer.

FATIGUED TRUCK DRIVERS 2.5 TIMES MORE LIKELY TO BE IN A COLLISION


Drivers with obstructive sleep apnea have 2.5 times greater risk of having a highway accident than drivers without sleep apnea as the condition cases driver fatigue (Findley LJ, Unverzagt ME, Suratt PM, Automobile accidents involving patients with obstructive sleep apnea, Am Rev Respir Dis. 1988 Aug; 138(2): 337-40. 1988). The FMCSA Medical Review Board recently recommended that drivers be tested for sleep apnea because of the risk of fatigue. The scientific basis for the recommendation is well understood and researched, the question becomes what will actually be passed into law? We should see a proposed regulation from the FMCSA by the change of the current administration in January 2009.

In the meantime trucking companies would be well advised to have their drivers tested, and if necessary treated, immediately. Failure to have a driver tested may result in a tragedy easily avoided. While I am aware that when a driver is diagnosed with sleep apnea he is unable to drive until treated, isn't that short period better than having a wreck that results in injury to the driver or to others?