Truck Injury Lawyer Blog : Truck Accident Lawyer & Attorney: Morgan Adams : Contingency Fee Truck Accident Lawyer

The toll of workplace injuries, illnesses and deaths remains enormous. Each year, thousands of workers are killed and millions more are injured or diseased because of their jobs. Nowhere is this more evident than in the trucking industry where unscrupulous companies often take advantage of drivers, forcing them to work beyond what is safe for both the driver and the public.

There is a reason that trucks are often called sweatshops on wheels.

The first Workers Memorial Day was observed in 1989. April 28 was chosen because it is the anniversary of the Occupational Safety and Health Administration and the day of a similar remembrance in Canada.

On April 28th please remember those who work, and have been injured and killed, to provide you the things you use every day.

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In 2007 the GAO found that the FMCSA was not using its enforcement powers to levy the maximum fines against flagrant safety violators. In a welcome turn of events the FMCSA has instituted a new policy that will levy the maximum fines more swiftly on unsafe trucking companies. These penalties include fines for failing to maintain proper records and failing to maintain proper levels of financial responsibility. 

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While I have been advocating for seat belts on buses for some time, see my prior blogs, others are happily now joining the fray. Recently Sholnn Freeman , of the Washington Post, wrote an excellent article on the need for seat belts and the increasing dangers of bus travel. Ms. Freeman's article, As Bus Travel Grows, Probe of Fatal Crash Revives Push for New Safety Rules, can be found at: www.washingtonpost.com/wp-dyn/content/article/2009/04/20/AR2009042003716.html 

Much like tractor trailers, buses would be made much safer with seat belts, standards for roof crush, and anti rollover devices such as electronic stability control.

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The study in the Journal of Occupational and Environmental Medicine (March 2009, Volume 51, Issue 3) found that the link between obesity and sleep apnea so strong that the federal government should mandate testing for sleep apnea for commercial motor vehicle drivers. Sleep apnea was found to increase the risks of a wreck 2 to 7 times over a fit driver. The study went on to confirm that 3.9 Million of the nations 14 million CMV drivers were possibly effected by sleep apnea. This is consistent with the industry estimate that 25% of the nations CDL drivers has obstructive sleep apnea, typically found in drivers whose body mass index was greater than 29.

I have posted previously on this topic, please see my earlier posts.

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I am happy to announce that my case, the first reported case in TN finding a violation of the FMCSR equals negligence per se, has now been reported at: Fortner v. Tecchio Trucking, Inc., 597 F.Supp.2d 755 (E.D.Tenn., 2009) 

The case also deals with the sudden emergency doctrine and several other matters.

Once the defendants realized that the court wasn't going to let them escape responsibility for their actions, the case resolved favorably for my clients.

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I just came back from speaking at the above conference with some of the finest lawyers in the country. I have to say I learned more at this seminar than I have at many of the seminars I have attended over the last several years. The goal of the seminar was to have super specialists come and talk about their small little world in a successful effort to lift all boats.

I spoke on trucking accidents and others spoke on burn injuries, representing the elderly, conversing with conservative jurors, the impact of family law issues on personal injury cases, etc... It was a pleasure listening to those at the top of their field and Gary Gober, http://www.goberlaw.com/attorneyprofile.html, who put this all together, should be commended.

When you talk to your lawyer, ask him: "What seminars have you taught to lawyers in the last six months and on what subjects?" If they can't answer that ask them "What seminars have you attended in the last six months?"

Ongoing legal education, and having exposure to the way different lawyers handle cases, is critical to becoming the best lawyer that a person can be. The funny thing about perfection, if you strive for it long enough you just might get there. Please see my earlier emails on how to hire a Trucking Lawyer for your case.

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As President Obama announces Charles Hurley as the head of the NHTSA, I urge everyone to encourage the administration to take a look at current vehicle roof crushing standards, particularly those of commercial motor vehicles. The current standards for cars are extremely outdated having last been updated in 1973 before SUV’s became extremely popular on the roads.  Despite acknowledging the need for CMV roof crush standards, the trucking industry has successfully prevented them from being implemented. There are no roof crush standards for CMV's.

Roof crush standards are extremely important in accidents where a vehicle rolls over. It is estimated by the FMCSA that in excess of 12,000 lives of CMV drivers would be saved by having roof crush standards. The trucking industry fights having stronger roofs on CMV's because of the slight additional weight. The weight, despite being slight, would use more fuel to move and cut into profits. Thus there are no CMV regulations on roof crush and the trucks cabs are built with tissue paper. This is a clear case of profits over people and why many consider trucks to simply be rolling sweat shops. 

Please see my earlier posts on this topic.

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