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.”

Brain Injuries are Common Injuries in Truck Wrecks. Does Your Lawyer Have Expertise With Brain Injuries?

One of the injuries that is of greatest concern for those involved in a truck wreck is a brain injury. While severe brain injuries are easy to identify, mild traumatic brain injuries are not. Explaining the way the brain was injured, and proving to a jury the long term impact of having a brain injury when the victim looks normal, requires training and expertise. I previously blogged on the requirements a competent trucking lawyer should have but I neglected including expertise in handling brain injuries.

Please keep in mind that even though doctors will frequently use the term "mild" to describe many brain injuries, there is nothing mild about brain damage. The use of "mild" by a doctor only means that the person isn' t dead or in a coma. If someones brain is damaged, they have lost their future. They may have memory problems that will have caused them to lose their past. They will never be everything they could have been, even if they do everything they can to try to recover. 

Mild brain injuries typically occur from a wave effect. The brain is like jello, made up primarily of water and is encased in one of the hardest bones in the body, the skull. Because the brain is somewhat fluid, in a wreck it can move and strike the skull. The cells are torn under the forces involved in a wreck. Current medical science makes it clear that it is not necessary for the head to have hit anything in order for brain damage to occur.

Personalities change, memory becomes a problem, frustration and anger are not uncommon. The victim however is able to talk. They don't want to admit anything is wrong, and the family is just so happy for the victim to be alive that they blame the changes on other problems. A questionnaire can help experts determine whether there is a mild traumatic brain injury such as the one that can be downloaded here: Symptom Questionnaire.

If you think someone you love has had some of the changes discussed above have them tested by a neuropsychologist. These are the trained professionals best able to determine whether or not a mild traumatic brain injury has occurred.