Category: Truck Accidents

Apr 3, 2014 - Birmingham by Cross & Smith

The Alabama Supreme Court recently denied a request for a change of venue in a truck accident case involving two commercial truck drivers who collided in Mobile County. In the lawsuit, Cruz v. J&W Enterprises, LLC, the defendant trucker and his employer requested that the case be moved from Clarke County to Mobile County, on the basis of forum non conveniens – or in other words, what is more convenient to the parties involved. As Birmingham truck accident lawyers, we recognize that many times, there is more than one appropriate venue, but in those cases, there must be sufficient grounds on which to justify a move before a court will approve it.

Jul 10, 2013 - Truck Accidents by Cross & Smith

A federal law that would increase weight and size limits for large commercial trucks is being opposed not only by road safety advocates but also by trucking professionals. Our Tuscaloosa truck accident lawyers understand that members with the Owner Operator Independent Drivers Association, or OOIDA, are urging lawmakers to reject HR612, which would allow bigger, heavier trucks on the highway. The trucking association said there is no reason to extend the limits beyond the current threshold. When Congress passed its two-year highway bill, the Moving Ahead for Progress in the 21st Century (or MAP-21), members rejected a clause that would have boosted size limits for tractor-trailers. It did however call for comprehensive research to be conducted concerning the effect of truck weight and size on freeway infrastructure, safety and the overall economy.

Jun 18, 2013 - Truck Accidents by Cross & Smith

The number of Tuscaloosa truck accidents will hopefully be reduced with the implementation of new hours-of-service regulations, effective July 1, 2013 and handed down by the Federal Motor Carrier Safety Administration. Unfortunately, many trucking companies, including the American Trucking Association, have opposed the regulations, saying it will cost them millions of dollars more than what the FMCSA has estimated. Just to implement the program, companies say, will cost them $320 million. The FMCSA, meanwhile, anticipates the industry will see a benefit of between $135 million and $300 million annually, due to a reduction in crashes, which result in loss of productivity, hefty insurance payouts and other expenses. The agency says the cost of implementation should only be about $200 per long-haul driver, with another $270 lost annually per driver in terms of productivity loss from fewer hours of drive time.

Apr 29, 2013 - Truck Accidents by Cross & Smith

A recent series of crash tests by the Insurance Institute for Highway Safety found that the underride guards standard with most U.S. big rigs pose a substantial risk of a passenger vehicle sliding under the truck in certain types of crashes. Our Alabama truck accident lawyers know that finding out more about this problem is key because once a passenger vehicle slides under a large trailer, the risk of serious injury and fatality spikes significantly. National standards require most semitrailers to be equipped with underride guards, which are steel bars that hang from the back of the trailer. The primary aim of the equipment is to prevent a passenger vehicle from sliding underneath the trailer in the event of a crash.

Feb 13, 2013 - Truck Accidents by Cross & Smith

A teen driver near Huntsville reportedly hit a guard rail and plummeted into Flint River, while reportedly swerving to miss another vehicle.  Our Tuscaloosa personal injury attorneys know young drivers are at high risk of an accident through spring and early summer. There is no indication that alcohol was a factor in this crash, but we know drunk driving is just one concern with prom and graduation celebrations on the horizon. The Centers for Disease Control reports that motor vehicle accidents are the No. 1 cause of death for American teens, with roughly seven youth between the ages of 16 and 19 dying every single day on the roadway. In 2010, that was approximately 2,700 killed and another 282,000 seriously injured. When you account for number of miles driven, statistics show that teen drivers in this age group are three times as likely as those over age 20 to be in a fatal wreck.

Dec 6, 2012 - Truck Accidents by Cross & Smith

Last month, our Birmingham truck accident lawyers discussed proposed changes to Federal Motor Carrier Safety Administration (FMCSA) rules. The changes will give FMCSA broader authority to suspend or revoke the operating licenses of motor carriers if they show egregious disregard for compliance with safety rules or if they close up shop when placed out of service for safety violations, only to open under a new name. Our truck accident attorneys in Birmingham are wholly in support of efforts to make it easier for FMCSA to stop motor carriers from engaging in unsafe practices that could hurt innocent victims. Today, we want to take a closer look at some of the reasons why the new rule is necessary to give FMCSA the authority it needs.  The Implications of Proposed Changes In December of 2010, the Service Center Director for the Midwestern Service Center published a report entitled “Patterns of Safety Violations by Motor Carrier Management Practical Implications on Investigations and Enforcement.”

Nov 21, 2012 - Truck Accidents by Cross & Smith

There are a wide variety of laws and regulations governing commercial transportation in the United States. Many of these regulations are enforced by the Federal Motor Carrier Safety Administration (FMCSA). Safety rules regulated by the FMCSA are intended to ensure that commercial vehicles are well-maintained; that commercial drivers are held to a higher safety standard; and that best practices are used in the operation of commercial motor vehicles. Unfortunately, safety regulations and laws work only if they are obeyed and some motor carriers simply refuse to comply. Some companies disregard the regulations, skirt the safety requirements and otherwise engage in unsafe operating practices. Many of these commercial transport companies will simply close up their operations when they’ve been put out of service due to violations and will open up under a new name. When a motor carrier repeatedly refuses to comply with safety rules, this can present very significant dangers to passengers of the motor coaches or to other drivers on the road. As such, our truck accident lawyers in Tuscaloosa applaud new efforts by FMCSA in taking swift action against certain violators.

Nov 8, 2012 - Birmingham by Cross & Smith

When it comes to tractor-trailer accidents in Alabama, determining cause can be a complex process. Alabama is also a state that recognizes pure contributory negligence, meaning if a victim is only partially at fault, he or she is prevented from collecting any damages from the other driver(s) also partially fault, even if the other driver(s) is determined to be primarily at fault. In looking at the Federal Motor Carrier Safety Administration’s list of top causes of trucking accidents, it becomes apparent that driver behavior is often to blame: -Brake problems -Traffic congestion -Prescription drug use -Driving too fast for road conditions -Driver unfamiliar with road -Roadway problems -Failure to obey traffic control law -Over-the-counter drug use -Inattentive driver -Driver fatigue However, as the U.S. Department of Transportation points out, crashes are complex events and are rarely caused by a single factor. “Elements that influence the occurrence of a crash may take place hours, days, or months before the crash,” the report states. “They include driver training and experience, vehicle design and manufacture, highway condition and traffic signaling, and weather conditions.”

Sep 13, 2012 - Truck Accidents by Cross & Smith

Rear-ending a tractor-trailer continues to be one of the leading ways that motorists are injured or killed in accidents with large commercial trucks. Alabama trucking accident attorneys know that underride guards fail in far too many cases, often because they are poorly or improperly designed. When a car travels underneath a commercial trailer, fatal injuries often result. The government has done little to protect motorists, despite the growing body of evidence surrounding failing underride guards on large commercial trailers. Consumer Reports cites a comprehensive study released last year by the Insurance Institute for Highway Safety (IIHS), which found even underride guards that meet federal safety standards often fail — even in a low-speed accident. This remains a critical safety issue because 7 of every 10 people killed in accidents with large trucks are riding in passenger vehicles. The IIHS estimates that underride accidents claim approximately 400 lives each year and result in more than 5,000 serious injuries. Undderide crashes occur when the bar at the rear of a trailer fails during an accident, allowing a vehicle to travel beneath the trailer. Even modern vehicles, built to withstand significant frontal impact, are not designed for passenger safety in the event of an underride accident.

Sep 7, 2012 - Truck Accidents by Cross & Smith

Sleepy truckers and big rigs weighing 80,000 pounds are a deadly combination. “Sleep apnea is a major contributor to daytime drowsiness,” the Federal Motor Carrier Safety Administration states. “A condition that could prove deadly for commercial truck drivers and everyone sharing the road with them.” The Sleep Disorders Center of Alabama reports more than 100,000 accidents a year are caused by a fatigued driver. More than half of such accidents involve a driver under the age of 25. Aside from young drivers, those at highest risk include shift workers, commercial drivers and business travelers. Being awake for 18 hours has the same impact on a driver’s skills as being legally drunk with a blood-alcohol level of .08