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10 Things You Can Do To Avoid Distractions While Driving

March 16, 2012 By

Due to emerging technologies being adopted by the public at large, much attention has been focused lately on cell phones and distracted driving. As many as 9 states prohibit all drivers from using handheld phones while another 34, including Tennessee, have banned text messaging.

No state though has banned cell phone use outright for regular drivers. Those on learner’s permits, school bus drivers and truckers (…in Tennessee) are prohibited from using their phones while driving.

The larger issue with cell phones behind the wheel is of course distracted driving, which is considered to be the cause of many accidents. As longtime drivers ourselves, we know how cell phones can be a distraction while in traffic.

For me personally, receiving a call while driving is distracting enough!!

Below are 10 easy steps you can take to avoid being distracted while behind the wheel. Following these simple guidelines can go a long way to keeping you and your family safe on the road.

  1. Before you get in the car, turn OFF your cell phone
  2. Have a custom voicemail and let callers know you will call them back when you’re free (…and not driving)
  3. If you need to make a call, pull off the road
  4. If the call can’t wait, ask a passenger to make the call
  5. Do NOT text, surf the Internet or read e-mail while driving under any circumstance!!
  6. Be familiar with your state and local laws
  7. Before leaving on a trip, program your GPS device, review maps and read directions. Know where you’re going before you go
  8. Be sure any pets are secure before you drive
  9. Avoid heated conversations with fellow passengers
  10. Avoid any activity that can take your mind and eyes off the road

Although laws restricting cell phone use are a positive step, they don’t necessarily translate into reduced fatalities caused by distracted driving. According to a recent report from the Governor’s Highway Safety Association, no evidence that banning cell phone use while driving is effective.

However, cell phone use isn’t the only way you can be distracted while driving. Eating, talking, using a GPS, grooming, etc. etc. are all ways you can be distracted behind the wheel.

According to statistics compiled by Oklahoma Law, distracted drivers are 23 times more likely to cause an accident. Drunk drivers on the other hand are only 7 times as likely to cause one.

Put in that context, distracted driving can be quite dangerous.

In 2009, 16% of car crash deaths could be attributed to driver distraction. More staggering though, the numbers suggest up to 80% of the fatalities could have involved the distraction itself.

The important takeaway – be mindful of your safety and that of your passengers. Maintain focus on the road at all times.

If you’re involved in an accident with a distracted driver, you may have grounds for a legal claim. To learn more about your particular case, contact Nashville car accident attorneys at Gilreath & Associates today for a free consultation.

Original article appeared in the Fall 2001 issue of the Safety Report

Filed Under: Injury, Safety, Trucking Accidents Tagged With: , , ,

Two Separate Truck Accident Cases Award Multi-Million Settlements

February 15, 2012 By

In recent months, two separate truck accident cases concluded with pretty substantial jury awards – one for $3 million in Florida and the other for $7 million in Arkansas. Both accidents led to fatalities.

The first case in Florida involved the family of Julio Rentas Jr., a 33-year old man who was killed on Interstate 95 in Flagler County in 2009. The federal jury in U.S. District Court ruled in the family’s favor, awarding $ 3 million.

Rentas’ case involved a collision between two tractor-trailers. Another truck driver, Betty Ann Tucker, was driving for Williamston Distributors. As she was attempting to merge onto the highway from an emergency lane, she failed to yield the right of way. Doing so caused Rentas (…who was driving a tandem tractor-trailer) to hit the back of Tucker’s truck.

Ms. Tucker testified that an emergency light had come on in her cab and she pulled off the road to investigate. She then accelerated down the emergency lane to try and re-enter the right lane of the highway. She testified she saw lights approaching but figured they were far enough away.

Besides testimony, the jury was presented with information claiming Tucker had been on duty for 19 hours, well over the 14-hour “Hour of Service” limit established by the Florida Motor Carrier Safety Act.

The next case, this time in Arkansas, concluded with a $7 million federal court jury award to the family of a truck driver who was killed when his truck collided with another truck in northern Arkansas. Roger Reagan was driving for Maverick Transportation was hit by Morgan Quisenberry, who was driving for Dunaway Timber Company.

Traveling west on US Hwy 62 near Yellville in Sept. 2008, Quisenberry’s truck crossed into the eastbound lanes and collided with the truck Reagan was driving. His family showed Quisenberry to have been on the road longer than U.S. Department of Transportation rules allow and contended he was fatigued.

Additionally, records proved that the driver had a bad record and was not an experienced commercial driver.

Numerous studies have shown driving while fatigued to be as dangerous as driving under the influence of alcohol.

Accidents involving large trucks can be especially devastating, even if you’re in a similar type vehicle. If you or a loved one has been adversely affected by an accident with a large truck, you may be entitled to compensation for medical costs, lost wages and pain and suffering.

To discuss your case further, contact truck accident attorneys at the Gilreath Law Firm in Nashville and Knoxville today.

Original stories published in the Jere Beasley Report

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Personal injury attorneys at Gilreath & Associates offer years of legal experience, compassion, and commitment for the welfare of our clients. Our record of success in 12 states throughout the Southeast speaks for itself.  The skilled, highly experienced injury attorneys at Gilreath & Associates know how to achieve the positive legal outcomes you need to move on with your life.  We also know that compassion counts.  We are committed to our clients, and fight for them every step of the way because we genuinely care about their welfare.

Are you seeking legal representation? Contact the experienced legal team at the offices of Sid Gilreath for a knowledgeable evaluation of your case.

 

Filed Under: Trucking Accidents Tagged With: , , , ,

Trucker Obstructs Roadway, Leading to Collision

January 23, 2012 By

Due to their large size and heavier weight, semi-trucks (…or tractor trailers) present some additional hazards on the roadway that regular vehicles do not.

Armando Mendoza, 88, found this out quite abruptly one day when he was driving southbound on a multi-lane highway. The south and northbound directions of the highway were separated by a crossover.

Driving a tractor-trailer for Metals Supply Co., Ltd., Milford McGruder pulled out of a private driveway and began crossing the southbound lanes. McGruder’s cab made it to the crossover but the trailer was obstructing the southbound lanes as Mendoza approached.

Unable to change lanes, Mendoza collided with the trailer and suffered some pretty serious injuries, including a fracture to his left orbit, nasal bones and ribs. He also sustained a deep-bone contusion to his right knee and a torn medial meniscus as well as a mild closed-head injury and herniated disks. In addition to these painful injuries, Mendoza suffered from depression as a result of the accident.

The injuries and depression alone added up to $78,000 in medical expenses, not to mention unspecified future expenses Mendoza is expected to incur.

Considering all of this, Mendoza sued McGruder, alleging the truck driver failed to yield the right-of-way.

Mendoza also sued Metals Supply alleging the company had superior liability for its employee’s negligence. The 88-year old retiree (…plaintiff in this case) alleged the company was negligent ns its hiring, training and monitoring since their driver, McGruder, had a previous crash and several violations on his records at the time of the accident.

After failing a post-accident drug test, McGruder was fired by the trucking company.

Metals Supply Co. denied liability, arguing that some of the plaintiff’s injuries were pre-existing and due to age-related conditions.

Regardless, the parties settled through mediation for an undisclosed, confidential amount.

If you’ve been involved in an accident with a tractor-trailer and sustained injuries and property damage, you may be entitled to compensation. To discuss your case and learn more, contact Knoxville truck-accident attorneys at the Gilreath Law Firm today.

Original story published in American Association for Justice ‘Trial’ Magazine

Filed Under: Trucking Accidents Tagged With: , ,

More Deaths from Trucking Accidents in 2010

November 18, 2011 By

On a daily basis, it’s estimated there are over 15.5 million trucks on the highways and byways of America. And while big-rigs only account for 2.4% of traffic accidents, they also present greater danger to other vehicles on the road due to their large size and weight…the average big rig can weigh 80,000 pounds and be 75 feet long.

In fact, big rig trucks are 3 times less likely to be involved in a collision on the highway than passenger vehicles. But since they’re so big, they do pose more danger to other drivers.

Last year, over 5000 people in the U.S. died due to a collision with a large truck, up from 3200 in ’09 according to the Insurance Institute for Highway Safety…over 100,000 sustained some sort of injury from a trucking accident last year.

These numbers are only expected to get worse since according to trucking industry figures over 20% more big rigs and commercial vehicles will hit the road in 2012.

The truck drivers though cannot be blamed for all of these accidents. In fact, over 80% of accidents involving big rigs were the fault of the other driver. But for accidents where the trucker was at fault, the leading causes include:

  • Driver fatigue
  • Texting while driving
  • DUI
  • Inexperienced drivers
  • Maintenance and negligence
  • Malfunctioning equipment

The states with the most fatalities are coincidentally the states with the most traffic on its highways. New York, California, Florida, Pennsylvania and Texas lead the nation in accidents and fatalities involving large vehicles.

But considering so many highways in Tennessee are windy and hilly, there’s additional risk of trucking accidents drivers need to consider.

Even though trucking accidents involve just a small portion of accidents on the roadways, they can too often prove fatal or otherwise devastating.

If you or a loved one has been involved in an accident with a large truck in Tennessee and it was their fault, you need to be sure you obtain the compensation you need to be made whole again. To learn more, contact truck accident attorneys in Tennessee at Gilreath & Associates today.

Filed Under: Trucking Accidents Tagged With: , ,

Transportation Safety Board Seeks Sweeping Rules on Truckers & Cell Phones

October 19, 2011 By

Large trucks and buses pose significant risks to drivers in smaller passenger vehicles…big rigs and buses harder to control and require the driver to be extra careful and alert. One distraction that can, and has led to some major accidents, is cell-phone use while driving.

In light of this, a total ban on cell phone use is being proposed by the National Transportation Safety Board (NTSB) for millions of bus and truck drivers. The change would be the most sweeping since mandatory seat belt rules were introduced some decades ago.

But considering the ban would cover BOTH hand-held and hands-free devices, many think it goes too far…CB radio use will not be affected by the ban. Currently, there are federal rules on the books banning truckers and bus drivers from texting while driving. Many states have banned hand-held cellphone use while driving.

The full ban was endorsed by the NTSB after it was determined a fatal crash in Kentucky last year was caused by a trucker who was distracted by his hands-free cellphone. Some studies show users of hands- free devices have a tendency to pay more attention to the phone rather than the road.

Drivers and trucking groups though disagree that hands-free devices should be banned. Lynn Murphy, a 66-year old trucker from St. Louis, says truckers shouldn’t use their phones while driving but sometimes have to so they can get directions or instructions.

Cell phones though aren’t the only source of distraction for trucker drivers that pose significant dangers to other drivers on the road.

Mobile technology is something truckers are increasingly using to check-in with their dispatchers, manage their cargo and plan routes. Rather than paper logs, drivers now log their time through a tiny computer mounted in the cab.

Technologies like this certainly help the driver, but can pose distraction if they’re using these devices while driving.

Distracted driving – whether from a large truck or another car on the road – is one of the biggest dangers facing drivers on the road today. If you or a loved one has been involved in an accident caused by a distracted driver be sure you understand your rights and obtain any compensation for injuries and damages afforded to you under the law.

Filed Under: Trucking Accidents Tagged With: , , ,

Tractor-Trailer Accidents: I-40 on the Cumberland Plateau in Tennessee

August 1, 2011 By

Interstate 40 between Knoxville and Nashville Tennessee crosses the Cumberland Plateau near Crossville and Cookeville, Tennessee. The Cumberland Plateau is significantly higher in elevation than Nashville or Knoxville. As a result of weather conditions at that altitude roads tend to ice quicker, have more snow and are extremely hazardous during the winter months. There are many tractor- trailer accidents on this stretch of road where the operator of the tractor-trailer simply does not have his vehicle under proper control. Most accidents in the area are the result of a combination of weather conditions, speed, and the inability of the driver to react and stop his vehicle in time to avoid accidents. These accidents require a diligent and early investigation on the part of the injured party or their representatives.

All tractor-trailer operators are required to comply with the CDL (Commercial Driver’s License manual). This requires operators to match their speed to the road surface conditions. The Commercial Driver’s License manual has been adopted by the law in the state of Tennessee as in most other states. The manual covers stopping distance, which means:  Perception Distance + Reaction Distance + Braking Distance = Total Stopping Distance.

Section 2.6.1, pages 2-14 and 2-15, provides as follows:

Perception Distance: The distance your vehicle travels, in ideal conditions; from the time you eyes see a hazard until your brain recognizes it. Keep in mind certain mental and physical conditions can affect your perception distance. It can be affected greatly depending on visibility and the hazard itself. The average perception time for an alert driver is 1¾ seconds. At 55 mph this accounts for 142 feet traveled.

Reaction Distance:  The distance you will continue to travel, in ideal conditions; before you physically hit the brakes, in response to a hazard seen ahead. The average driver has a reaction time of 3/4 second to 1 second.  At 55 mph this accounts for 61 feet.

Braking Distance: The distance your vehicle will travel, in ideal conditions; while you are braking. At 55 mph on dry pavement with good brakes, it can take about 216 feet.

Total Stopping Distance: The total minimum distance your vehicle has traveled, in ideal conditions; with everything considered, including perception distance, reaction distance and braking distance, until you can bring your vehicle to a complete stop. At 55 mph, your vehicle will travel a minimum of 419 feet.

The Effect of Speed on Stopping Distance: The faster you drive, the greater the impact or striking power of you vehicle. When you double your speed from 20 to 40 mph the impact is 4 times greater. The braking distance is also 4 times longer.  Triple the speed from 20 to 60 mph and the impact and braking distance is 9 times greater. At 60 mph, your stopping distance is greater than that of a football field.  Increase the speed to 80 mph and the impact and braking distance are 16 times greater than at 20 mph. High speeds greatly increase the severity of crashed and stopping distances. By slowing down, you can reduce braking distance.

Section 2.6.2 of the Commercial Driver’s License Manual requires the operator to match the speed to road surface conditions:

Slippery Surfaces: It will take longer to stop, and it will be harder to turn without skidding, when the road is slippery. Wet roads can double stopping distance. You must drive slower to be able to stop in the same distance as on a dry road. Reduce speed by about 1/3rd (e.g., slow from 55 to about 35 mph) on a wet road. On packed snow, reduce speed by a half, or more. If the surface is icy, reduce speed to a crawl and stop driving as soon as you can safely do so. Identifying Slippery Surfaces:

• Shaded Areas: Shady parts of the road will remain icy and slippery long after open areas have melted. Bridges: When the temperature drops, bridges will freeze before the road will. Be especially careful when the temperature is close to 32 degrees Fahrenheit.

• Melting Ice: Slight melting will make ice wet. Wet ice is much more slippery than ice that is now wet.

• Black Ice: Black ice is a thin layer that is clear enough that you can see the road underneath it. It makes the road look wet. Any time the temperature is below freezing and the road looks wet, watch out for black ice.

• Vehicle Icing: An easy way to check for ice is to open the window and feel the front of the mirror, mirror support, or antenna. If there’s ice on
these, the road surface is probably starting to ice up.

• Just After Rain Begins: Right after it starts to rain, the water mixes with oil left on the road by vehicles. This makes the road very slippery. If the
rain continues, it will wash the oil away.

• Hydroplaning: In some weather, water or slush collects on the road. When this happens, your vehicle can hydroplane. It’s like water skiing –the tires lose their contact with the road and have little or no traction. You may not be able to steer or brake. You can regain control by releasing the accelerator and pushing in the clutch. This will slow you vehicle and let the wheels turn freely. If the vehicle is hydroplaning, do not use the brakes to slow down. If the drive wheels start to skid, push in the clutch to let them turn freely. It does not take a lot of water to cause hydroplaning. Hydroplaning can occur at speeds as low as 30 mph if there is a lot of water. Hydroplaning is more likely if tire pressure is low, or tread is worn. (The grooves in a tire carry away the water; if they aren’t deep, they don’t work well.) Road surfaces where water can collect can create conditions that cause a vehicle to hydroplane. Watch for clear reflections, tire splashes, and raindrops on the road. These are indications of standing water.

Section 2.6.4 of the Commercial Driver’s License manual- Speed and Distance Ahead, states as follows: You should always be able to stop within the distance you can see ahead. Fog, rain, or other conditions may require that you slow down to be able to stop in the distance you can see. At night, you can’t see as far with low beams as you can with high beams.  When you must use lows beams, slow down.

A major trucking company has the following requirements for the operator after an accident occurs:
1. Driver’s must report all accidents immediately, giving their locations and other details concerning the accident.

2. Put out flags and reflectors 100 to the front and rear of the vehicle.

3. Call immediately and report the accident to the risk management department in the claims department which is available 24 hours 7 days a week.

4. Fill out your accident report on the scene.

5. Try to get the other parties to sign the exoneration card if they are at fault.

6. Try to get all occupants of the car to sign the non-injury form in your accident packet.

7. Admit nothing, promise nothing, and do not argue in regards to the circumstances. Be polite.

8. Get all necessary information such as position of vehicle, skid marks, etc.

9. Always carry a camera and take pictures of the accident scene.

10. All accident should be reported on your daily log sheet.

11. Make a mental note of your location – survey the surroundings of the accident site. Take a lot of pictures and get a lot of names, addresses, and phone numbers. Get the insurance information from everyone involved.

12. Obtain witness information.

Usually, accident investigation is done while the injured people are on their way to the hospital. It is important that anyone injured in the accident retain counsel or at least an investigator early enough to do a thorough analysis of the tractor-trailer in question. The tractor-trailer should probably be impounded before any parts are removed from the vehicle. If the tractor was manufactured after 1996, there should be an onboard computer system known as, and Electronic Control Modular, i.e. “The Black Box”. Any information contained in the box can be obtained by downloading it from the tractors onboard computer onto a laptop computer with the correct software. There are two sides of information to be analyzed:

Diagnostic side:
1. The speed trucks governor is set to run.
2. The high speed it ran and the date it happened.
3. Percentage of speed as illustrated below:
a) 5-10 percent of the time it has been running at 5-10 mph.
b) 10-20 percent of the time it has been running at 20-30 mph.
c) How often was it running and at what speed.

Hard-Braking Side: It will record the last three hard brakes. Hard breaking is defined as a truck reducing its speed more than 7 mph in one second.

An inspection should be done of the tractor-trailer’s braking system by a qualified expert. In order to do a proper brake inspection the trailer should be attached to the tractor when the test is performed. Additionally, during the proper course of inspection of the tractor-trailer, there must be qualified photographer there to document, through date and time stamped photographs, all damage to the tractor-trailer before the vehicle is removed or repaired.

A proper investigation should be conducted to help determine the cause of the accident, including the role of driver fatigue, driving in excess of the required hours, chemical impairments to the physical body, sleep deprivation, and other health conditions.

It is important to remember that under the Federal Motor Carrier’s Safety Act, Section 395.8 (K) the driver’s logs books and records of duty status and supporting documents, only have to be retained by the company for a period of 6 months from the date of receipt. It is vital that this information be obtained from or the company be demanded to retain these logs before the end of the six month retention period.

Under the Federal Motor Carrier’s regulations the company’s are required to maintain records of cargo being transported, rooster travel, pick-up and delivery time, shipper’s,  receivers and other person or organizations, dispatch records, all records and other written or electronic records indicating communications between the company and driver in reference to the movement of the rig, pre-trip inspections, complete maintenance file on the tractor-trailer involved and on dispatch and communication records between the dispatch and the driver for a period of 6 months before the collision (this includes satellite tracking or position history of the tractor for each trip), all onboard data recorders and electronic data printouts and analysis of the information from such devices, drug test of the operator, log books and trip documents. It is important that the injured party’s representatives be diligent in pursuit of the all relevant document.

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Gilreath & Associates is a member of the Association of Interstate Trucking Lawyers of America.  Sid Gilreath is a national board member.  AITLA is a national association of committed lawyers who have joined together to improve roadway safety by working to eliminate unsafe and illegal interstate trucking practices. Don’t fall for the claims of attorneys promising fast cash and no hassle.  Contact us or call toll free: 800-637-7024 for an experienced Tennessee truck accident attorney.

Filed Under: Trucking Accidents Tagged With: