Tennessee Truck Accident Lawyer Elected to National Traumatic Brain Injury (TBI) Board

One of the most common injuries for survivors of a truck accident is a Traumatic Brain Injury (TBI). These are actually traumatic brain damage cases because people don't get well from these injuries. As a result of handling large numbers of these cases for clients I have developed a sub-specialty in the area of TBI. Recently my hard work paid off and I was elected to the Board of the American Association for Justice's Traumatic Brain Injury Litigation Group (TBILG). This is the largest group of lawyers in the country representing those injured through the negligence of others. I look forward to helping other lawyers across the country handle these cases.

Some facts have become apparent in these cases : 

  1. ER doctors don't focus on TBI injuries because they wont kill you immediately, and that is all the ER doc is concerned about.
  2. In Mild Traumatic Brain Injury (MTBI) cases family members are in the best spot to determine the extent of the injury and the changes to the victim.
  3. A loss of consciousness is not needed in order for a TBI to occur

I highly recommend that anyone that believes they, or a loved one, has a MTBI or a TBI, review the government's Center for Disease Control website and publications on TBI's. The government website can be found HERE.

 

NEED A TRUCK ACCIDENT LAWYER IN RHODE ISLAND?

I have written several articles on what you should look for when you hire a truck accident attorney for your case (See Here and Here). One of the attorneys I have learned from over the years, and who knows his stuff,  is Bob Karns, a phenomenal Rhode Island truck accident attorney . Bob Karns also has a sub concentration in traumatic brain and spinal cord injuries which is a necessary focus of any lawyer handling trucking cases. I had the pleasure of catching up with Bob recently while speaking at the Rhode Island Bar Association.

Bob Karns' knowledge and experience in these areas is immense, and he is well respected by defense lawyers and insurance companies. Since insurance companies routinely lie to victims of trucking accidents (See HERE for an article on how insurance companies trick the victims of truck accidents), hiring a lawyer that is known for making insurance companies pay when they are unfair is critical. There is no question that Rhode Island truck accident victims are better off, and able to focus on healing and getting better, when Bob Karns is handling their case.

So what makes Bob different? He is a nice guy, but there are lots of "nice guys." Bob, however, is one of those nice guys that the bad guys just don't want to cross and get angry. He continues to attend trucking specific legal seminars and stays current on truck accident litigation trends and the trucking industry. He not only stays current on trucking law, he also stays current on the cutting edge medical treatment and needs required by his seriously injured clients. Just like there is special knowledge and materials needed to handle a trucking case not found in every car wreck lawyer's office, there are even more stringent needs and requirements required to handle clients with the special needs that arise from TBI (traumatic brain injuries) and spinal cord injuries.  

 

Truck Underride Wrecks Preventable - New Article in TrialNews

 

Truck underride guards often fail, study says 

Courtney L. Davenport                                                                                                       May 5, 2011

 

Underride guards on the backs of large trucks frequently fail to prevent a passenger vehicle from sliding under a truck during a collision, according to a report issued last month by the Insurance Institute for Highway Safety (IIHS).

“Hitting the back of a large truck is a game changer,” IIHS President Adrian Lund wrote in the report. “You might be riding in a vehicle that earns top marks in frontal crash tests, but if the truck’s underride guard fails—or isn’t there at all—your chances of walking away from even a relatively low-speed crash aren’t good.”

The organization performed six crash tests involving three rear guards that complied with U.S. safety regulations and were attached to parked semi-trailers. In three of the tests, the car slid under the truck enough that the dummy’s head was hit, indicating that decapitation would likely occur in a real-world crash. The strongest guard prevented underride when the car struck the truck’s rear head-on and at a slight angle. In every other test in which the car struck the truck at an angle, all of the guards allowed underride.

“Damage to the cars in some of these tests was so devastating that it’s hard to watch the footage without wincing,” wrote Lund. “If these had been real-world crashes, there would be no survivors.”

Morgan Adams, a Chattanooga, Tennessee, attorney who has handled many underride cases, said that although the report highlights the dangers of faulty underride guards, the likelihood of injury is even greater than the report suggests.

“The underride guards used in the study are brand new, but in the real world, trucks back up to the loading docks, and the underride devices hit the docks time and time again,” he said. “They are bent, twisted, rusted, scraped, and have already received a huge amount of wear and tear.”

He said trucking companies refuse to replace the guards because stronger systems would create a slight increase in weight, which would raise the companies’ fuel costs.

The IIHS criticized the National Highway Traffic Safety Administration (NHTSA) for a lack of meaningful regulations. The last safety standard governing underride guards was issued more than a decade ago, and it exempted many of the most commonly used heavy trucks, including single-unit vehicles like dump trucks. And guard manufacturers are allowed to test each part—the trailer, guard, bolts, and welding—separately, so there’s no way to know if the guard would be strong enough as a unit, argued the IIHS.

The organization and safety advocates are urging NHTSA to require stronger guards.

“The standard is a farce,” said forensic engineer Roy Crawford, of Whitesburg, Kentucky, who argued that the regulations need to address more than weak underride guards.

Many times, “the trucks are overloaded and going 40 mph below the speed limit. They don’t have enough lights or reflectors, so drivers can’t see them and crash into them,” he said. “There’s an old myth that if you run into something, it’s your fault. But people are just not seeing the trucks.”

In its rulemaking and research priority plan released last month, NHTSA acknowledged that truck underride is the third largest cause of fatalities in frontal collisions and said it “will assess research data and decide on the next steps” by 2012.

 

 

Morgan Adams Quoted In Chattanooga Times Free Press on Trucking Safety

Bill ignites war of words over trucking safety

 

Ringgold, Ga., widow Cindy Whitaker lost her husband, brother and niece in 2009 when a bucket truck hit their vehicle head-on.

Now she’s pushing for tighter federal regulations for truckers, even as the trucking industry points to federal statistics indicating that America’s roads are safer than ever.

Whitaker, in conjunction with the Truck Safety Coalition, threw her support Tuesday behind the newly reintroduced Safe Highways and Infrastructure Protection Act during a press conference in Washington, D.C.

The bill would freeze current federal truck size and weight limits, disallow the operation of overweight trucks and establish an enforcement program, the organization said.

The coalition released poll results that said 74 percent of Americans oppose heavier trucks and 79 percent favor lowering the maximum number of hours truckers may drive daily.

But a spokesman for the American Trucking Associations slammed the Truck Safety Coalition’s poll results, calling them slanted and misleading.

The questions begin with a sentence or statistic from a safety advocate point of view before getting to the questions, according to the methodology posted on trucksafety.org.

“This is a push poll of the worst kind, and proves that while figures don’t lie, liars can figure,” said ATA spokesman Sean McNally.

Bill Graves, president of the American Trucking Associations, accused the bill’s backers of co-opting the grief of Americans who have lost family members in accidents “to advance an agenda designed to hurt our economy and our industry, and benefit trucking’s competitors and well-heeled union interests.”

Trucking has improved its fatality and injury crash rate by 30 percent since the current rules were implemented in 2004, Graves said.

The rate of trucking accident fatalities fell to 1.17 per 100 million miles in 2009, the safest year since the government began tracking the statistics in 1975, according to data from the Federal Highway Administration and National Highway Safety Administration.

However, the Truck Safety Coalition released statistics showing that 4,000 people are still killed each year and 100,000 more are injured in truck crashes, according to Joan Claybrook, chairwoman of the Citizens for Reliable and Safe Highways.

“Families and truck drivers are being slaughtered on our highways because of the trucking industry’s relentless push for bigger, overweight trucks operated by drivers who are exhausted and pressured to meet unreasonable delivery deadlines,” Claybrook said.

Morgan Adams, a Chattanooga-based lawyer who specializes in truck accident cases, called for restructuring driver pay to an hourly rate instead of by the mile as an incentive toward safety.

“Truck drivers are the last sweatshop industry in America,” Adams said.

“Almost 20 percent of the trucks and drivers have a safety violation every year,” he said. “Two percent of the drivers have alcohol and drug safety violations.”

Underride Collsions Preventible Tragedies

A new study, discussed below, by the Insurance Institute for Highway Safety shows that rear truck underride guards are inadequate, and collisions like the one shown above should never have the catastrophic damages that they so often do in the US.

Now there are many reasons that cars hit tractor trailers in the rear, sometimes it is the cars fault, sometimes it is the trucks fault. I have handled many of these cases when it has been determined that it has been the trucks fault. However the third party involved in these collisions, the 800 pound gorilla that is often overlooked by lawyers not familiar with trucking cases, is the trailer manufacturer. Why should they be involved? Because trailer manufacturer's have know since at least the 1970's (that I personally know of) how to decrease the severity of these collisions by making solid underride guards, at minimal cost and expense, and have done nothing about it.

So what did the IIHS report of March 1, 2011 (link to the study here), find? At a 35 MPH collision the guards would "buckle or break away from their trailers - with deadly consequences [for the occupants of cars]." Europe and Canada have stronger standards that protect the occupants of the car from passenger compartment intrusion.

 

Thus a car in a 35mph impact with a trailer with a weak underride guard looks like this: 

 

A car in a 35mph impact with a strong underride guard looks like this: 

Since industry steadfastly refuses to act I can only hope that the government will respond favorably to IIHS' s Petition for stronger underride guards.

Knight Transportation Destroys Evidence - Even After Told To Save it by Police - You Need a Lawyer ASAP!

Knight Transportation was sanctioned by the Federal District Court in Texas for the destruction of evidence, called spoliation in legal circles. This happens frequently in trucking cases after accidents, and is major reason why you should hire a lawyer as soon after a wreck as you can find an experienced tractor trailer lawyer (See my prior blogs on how to hire a good trucking lawyer here).

The case, whose opinion was issued Feb 22, 2011, may be found here (2011 WL 734282 (N.D.Tex.)). The court stated: 

[T]he evidence is clear and convincing that [Knight Transportation], purposefully, over a sustained period of time, engaged in a concerted effort to hide and destroy evidence.

 

THE NEW RULES IN TRUCKING DISCOVERY

My article, The New Rules in Trucking Discovery, was published nationally in Trial magazine (February 2011, Volume 47, No. 02). If you are not familiar with the significant regulatory changes that have impacted the trucking industry in late 2010 and early 2011, and thought about how it impacts your cases, you should read it!

Morgan Adams Published Nationally on Trucking Accident Litigation

I am happy to announce that my book chapter "Trucking Accident Litigation" has been published by West Publishing, the nations largest and most respected legal publisher. The chapter is published in the multi-volume set Handling Motor Vehicle Accident Cases, 2d.

West allows one author per topic and I was chosen to write the chapter on commercial truck and bus litigation.

Interested in hiring a truck accident lawyer? While there are thousands of lawyers advertising for truck and bus accident victims, consider how much of that lawyer's practice is actually devoted to handling commercial motor vehicle accident cases before hiring them. For more information on this subject I previously posted on how to hire a great truck and bus accident lawyer here, here, here, and here.  

A picture of the four volume treatise, with CD, is below, and you can order a copy here.Handling Motor Vehicle Accident Cases, 2d

 

MCS-90 Endorsement Acts as Surety Not as Additional Insurance

A recent case will have significant impact on truck accident attorneys and lawyers litigating insurance coverage in trucking cases. In Carolina Casualty v. Yeates, 584 F.3d 868 (10th Cir. 2009) (en banc), the court held that the MCS-90 Endorsement applies as surety coverage when the underlying insurance policy to which it is attached provides no coverage for the loss and the motor carrier’s insurance coverage is not sufficient, IN AGGREGATE, to satisfy the federally prescribed minimum levels of financial responsibility.

As a result of Yeates, Defendant trucking companies and insurers will argue that an insurer’s MCS-90 coverage does not come into play when a plaintiff has already received a payment, from all sources, equal to the minimum statutory insurance coverage amount. See Also: Casper v. American Intl S. Ins. Co., 2009 WL 4984797 (Wis. App.)

 

 The Truck Accident Lawyers at the Law Offices of Morgan Adams concentrate in protecting the rights of those who were seriously injured or lost a loved one in an accident with a commercial truck or bus. Our lawyers are based in Tennessee, but serve clients throughout the nation. If you or someone you love has been seriously hurt by a careless driver, don’t sign anything the trucking company gives you -- contact us as soon as possible at 866-580-4878 or by email to learn more at a free, confidential consultation.

 Morgan Adams is a trial attorney licensed in Tennessee and Georgia. He is listed as a "Mid-South SuperLawyer" (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 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 legal education programs, training lawyers to properly handle injury cases involving commercial vehicles. 

 

Preventing Tractor Trailer Rollovers

Training remains the number one way to prevent truck rollovers according to government and industry officials. A 2007 report by Battelle Memorial Institute for the FMCSA found “75% [of rollovers] are attributed to driver error.” The primary cause was running off the road, caused by driver fatigue or inattentiveness.”

Trucking companies could reduce rollovers by the following: Lowering a trailer 3” would reduce rollovers approximately 12% annually. A wider trailer track, from 96” to 102”, would reduce rollover’s 17%. The study found the average cost of a rollover was $600,000 and that for every dollar spent on stability control devices the company would save $2.20. According to Steve Niswander, vice president of safety and policy regulatory relations for Groendyke Transport, driver training is still the most effective way to present crashes. (See Transportation Topics, December 10, 2007, p11)