Author: Anthony Proffitt

In an effort to reduce the number of accidents caused by fatigued commercial drivers, the Federal Motor Carrier Safety Administration has instituted a new set of rules. While the rules are aimed to keep the roads safe for all drivers, the financial strain they may cause makes them controversial. Drivers who are paid based on their mileage and the companies they work for stand to lose money based on these new industry standards.

According to the Department of Transportation, 13 percent of all bus and large truck fatalities are the result of drivers who have not had enough sleep. A serious truck accident is more likely to occur when a driver is on the road for more than 36 hours at a time. These new rules put restrictions on the number of hours a driver can work in a week and require rest breaks to help drivers stay alert while they are on the road.

There are three parts to the new provisions. Each driver must have a 34-hour off period every week. The block of time off must include two 1 a.m. to 5 a.m. periods. The maximum number of work hours per week has been reduced to 70 hours. Finally, drivers must take a half-hour break during their first eight-hours on the road.

With mandatory rest periods, semi-truck drivers should be more alert and less likely to be involved in preventable accidents. Those who are involved in accidents that involve commercial trucks are often seriously injured. In many of these cases, they injured person or their family members file a personal injury lawsuit against the driver or the trucking company. The assistance of an attorney who is experienced in settling accident claims can often result in a faster settlement.

Source: NPR, “New Rules Put Brakes On Truck Drivers’ Schedules“, June 30, 2013

The morning of June 23, a Tennessee state trooper stopped to assist with a vehicle fire on I-75 in Campbell County. The officer’s vehicle was legally parked on the shoulder of the interstate and the warning lights of the vehicle had been engaged. While the officer was still in his patrol vehicle, his car was struck by a tractor trailer.

The trooper was taken to UT Medical Center with a fractured rib, fractured vertebrae in his neck and unspecified injuries to his arm. He was treated and released. The driver of the semi truck also hit a tow truck that was on the scene providing assistance. The semi truck did not stop at the scene of the truck accident. The driver was arrested by deputies with the Sheriff’s Department further down the road at a service station.

The driver is now facing several criminal charges, including reckless endangerment, fleeing the scene of an accident and driving under the influence of alcohol or drugs. He was subsequently taken to Campbell County Jail. Police stated that they would continue to investigate the accident.

Regardless of the outcome of the criminal case, any driver who injures another through careless driving may be liable for damages that are caused. Any person who is found to have been driving under the influence will be conclusively presumed not to have been driving carefully. In this scenario, a personal injury attorney may be able to help injured parties recover for their medical bills, any lost wages, and pain and suffering. An attorney may be able to help take over negotiations to ensure that accident victims receive a fair settlement. In some cases, an attorney may also be able to take the case to trial to obtain a verdict.

Source: WATE, “State trooper injured after tractor trailer rams patrol car, flee scene“, June 23, 2013

An accident near Murfreesboro that involved several vehicles, including two semi trucks, and claimed two lives occurred at approximately 12:15 a.m. on June 13. Drivers on the stretch of Interstate 24 in Rutherford County were reportedly moving at a slower than usual speed when the complex crash occurred as there had been a previous accident. According to the Tennessee Highway Patrol, the truck accident occurred when the driver of one of the tractor trailers overturned as he tried to stop in time to avoid the slower vehicles.

The out-of-control truck then careened into about eight other vehicles, two of which immediately caught on fire. The driver and a passenger in one car were both killed, and sheriff’s deputies were able to pull two other people to safety. According to authorities, the two young people who died were en route to the Bonnaroo music festival.

There were five people injured in the fiery crash altogether, and the driver of the semi was uninjured as were six other people involved in the pileup. Police cited the semi driver for failure to exercise due care, and other charges are reportedly pending against him. Part of Interstate 24 remained closed during the morning rush hour while the scene was cleared.

The fact that this truck driver was cited could possibly mean that he was driving at either too high a rate of speed for the conditions or that he was distracted while driving, and he may face criminal charges due to the fatalities. An accident involving so many vehicles, including two large trucks, will need close examination as to cause and the damages that might be owed to the people injured and the families of those who died. An experienced personal injury attorney may be able to evaluate the details of the police investigation in order to discern a clearer picture of the events that transpired.

Source: WBKO, “2 killed in 10-vehicle crash near Murfressboro, TN“, Associated press, June 13, 2013