Car and Tractor Trailer Accidents

Highway Workers are at risk of being killed while repairing the nations roads - be careful.

The U.S. trucking industry is huge. It employs over 9 million Americans and generates approximately $255.5 billion in revenue. It is a necessary and viable part of the economy, since many businesses—from grocery stores to office suppliers—rely on tractor trailers to transport their goods from warehouses to stores and across the country. In 2005, there were 8,481,999 large trucks on the roads, according to the National Highway Traffic Safety Administration (NHTSA). 136,568,000 passenger cars and 6,227,000 motorcycles simultaneously occupied the highways (Bureau of Transportation Statistics).

This vital transportation comes with a significant cost: accidents, accidents, and more accidents. Finding room for tractor trailers and passenger vehicles to share the road is difficult and often dangerous. In 2005, there were 4,533 fatal crashes involving large trucks, not to mention 78,000 nonfatal crashes. Although all vehicles on the road must obey the same rules, truck drivers face several significant disadvantages: wider turn radiuses, larger blind spots and slower acceleration times. Drivers also face problems with fatigue, grueling delivery schedules, overloaded shipments, the potential for a heavy load to become unbalanced, and other drivers’ impatience with tractor trailers on highways.

Because of a tractor trailer’s size and weight, the potential for causing damage to everyone involved in an accident—especially those in a much-smaller car—is great. Injuries can be relatively common (bruising, lacerations, sprains, or fractures) or very severe (internal bleeding, damage to organs, whiplash, brain injury, spinal cord injury, loss of limb, or death). These injuries can certainly cause some long-lasting mental and physical trauma. Just as importantly, however, they can affect your relationships with your family and friends, especially as you face the added burden of financial concerns, insurance claims, lost pay, and potentially life-long medical problems.

Tractor trailer drivers recommend that, when cars have to share the road with big trucks, the car drivers follow a few simple rules: don’t cut off the tractor trailer, since big trucks require a lot more room than cars to stop; be courteous and don’t try to race past a truck with its blinkers on; don’t drive alongside the truck, especially if you run the risk of disappearing in the truck driver’s blind spot. Although most accidents are caused by the commercial driver, a significant number of these accidents occur because driving a truck makes it difficult to fully see the surroundings and because many passenger vehicle drivers fail to respect the truck’s right to drive on the roads. Remember being courteous is a two-way street.

According to a report issued by the Pacific Institute in December 2006, “Unit Costs of Medium and Heavy Truck Crashes,” the estimated cost of a crash with a tractor trailer weighing more than 10,000 pounds averaged $91,112; costs (assessed for the duration of the victim’s life) included medical bills, emergency service costs, property damage costs, and a monetary assessment of pain, suffering, and quality of life for the family due to a death or injury. Chances are very good that your insurance company will fall short of helping you recover everything owed to you because insurance companies don’t represent you and when they are talking to you they are thinking of how to get out of paying you or how to pay you what you deserve to be paid.

Police work often times endangers the officer and the other drivers

That’s why it’s important to contact an experienced personal injury attorney as soon as possible after a crash or wreck. If you are injured in an accident involving a tractor trailer along the highways of central Iowa, Steve Lombardi of the Lombardi Law Firm in Des Moines can help you handle these troubling times. With 26 years of experience behind him, he is well-equipped to navigate the court system and fight the insurance companies that want to pay as little as possible on your claim. With Steve Lombardi on your side, you will be well cared for and will recoup as much of your losses as possible. Call 515.222.1110 for a free consultation.

Whenever a potential client calls with a wrong-way turn collision I ask myself a question. Was it booze or drugs, old age, sign pollution, improper sign wording, a language issue, a lighting issue, being in a hurry, being distracted or just inattentiveness that causes someone to turn the wrong way? I’m not talking about falling asleep or a sudden medical condition or any of the causes that makes someone simply cross the center line on an undivided highway. I’m talking about a divided highway where a person turns left immediately rather than continue across the median strip before turning.

More often than I like to recall there is another accident where two or more cars collide with one driving the wrong way on the Interstate. Our highways here in Iowa are I- 80, I-235 and I-35. In the recent past there have been wrong-way collisions in Richmond, California, Salem, Oregon and Iowa on I-80.

Like running a stop sign this issue has come up a few times in my practice and it has always puzzled me. You would think no one would purposefully turn and drive the wrong way against traffic, but a few do to avoid long traffic lines. There is nothing we can do about the drunks and those who purposefully ignore how risky a practice it is. But what about the others? Lawyers are citizens first and if there is something about the rules of the road that can be changed to avoid accidents we would like to act. That’s really why most of us attended law school; to make the world a better place.

A Persistent Problem

Driving the wrong way on freeways has been a nagging traffic safety problem since the interstate highway system was founded in the late 1950s. Despite four decades of highway striping and sign improvements at freeway interchanges, the problem persists.

"Studies, such as those performed by the Washington State Department of Transportation (WSDOT), show the vast majority of wrong-way drivers correct their mistakes before causing a crash by simply turning around and heading in the right direction. But for unknown reasons some drivers, even when sober, head straight into oncoming traffic with devastating consequences.

On average about 350 people are killed each year nationwide in wrong-way freeway crashes, according to an analysis by retired FHWA traffic engineer Dennis Eckhart using the National Highway Traffic Safety Administration's Fatal Accident Reporting System. The 350 figure covers those killed on divided highways, including driving the wrong way on one-way traffic ways such as freeway ramps. From 1996 through 2000, 1,753 people died in wrong-way crashes on the Nation's freeways, according to Eckhart's analysis. Thousands more are injured. In the four-county area where Klotz was killed King, Snohomish, Skagit, and Whatcom counties—136 wrong-way crashes between 1997 and 2000 resulted in 81 injuries and nine fatalities.

While there are safety programs exclusively for rail crossings and work zones," says Eckhart, "I am not aware of any national-level program to combat the wrong-way problem. However, at the State level, some States such as California do have a wrong-way prevention program that funds safety improvements." State departments of transportation (DOT) across the country have taken additional measures to improve ramp designs, signage, and striping to prevent wrong-way incidents. Other States are experimenting with intelligent transportation system (ITS) technology to address the problem.”

If the issue is intoxication or simply a refusal to follow the rules-of-the-road then there is little we can do but to punish and punish severely. This is a judge’s sentencing discretionary function; something we should bring back from earlier years. If it’s the sign and the words used then it should be somewhat obvious from what the drivers tell us. And in that instance the DOT needs to correct the problem. If it’s sign pollution, with too many signs causing driver confusion, then the DOT and municipalities need to act by restricting signs. If the issue is the soccer Mom syndrome with rushing around to too many places while talking on the cell phone while the kids watch a movie on the DVD player, then it’s the driver’s fault for doing too many things and being distracted. Same goes for the teenager who is too busy texting to pay attention to the traffic conditions. Old age is just a natural condition of living long enough that human capital wears out. That’s a licensing issue for the DOT.

One possible solution to the ghost drivers…

Germany came up with an interesting solution used on the autobahn. They call the ghost drivers who trigger a radio announcement that interrupts your radio to warn you.

Perhaps the best solution would be to follow Germany’s model:

"Wrong-way drivers on the autobahn ("ghost drivers") trigger a radio announcement that interrupts whatever you’re listening to, warning you of the situation and that car’s approximate location. That way, you can pull off onto the shoulder and keep a close eye out for someone coming from the opposite direction at well over 100 mph on your side of the road.”

Geister Fahrer - Translates from German into "Ghost Driver;" a driver who drives on the wrong direction on an autobahn, often with headlights turned off at night. Usually a drunk driver but can also be a thrill seeker, suicide attempt, or horrendous driver error.
That’s an interesting idea but I wonder how the use of iPods and CD players has affected the success rate of the German solution? Perhaps motion detectors that flash warning lights towards the offending driver would signal their mistake and warn those coming head on. The U.S. military along with law enforcement must have some type of motion detector that could be modified and transformed into a wrong-way surveillance device.

Blog for Car and Tractor Trailer Accidents

Library for Car and Tractor Trailer Accidents:

January 1, 2012 Dyersville, Iowa Accident - Nurre, Robins and The Flying J. [PDF]
...the second car, driven by Daniel Nurre of Dyersville, Iowa then his estate should have no problem claiming fair compensation. I’m assuming the trucking compa
12/5/2011 - Hancock County Fatality - Loose Trailer - Improperly Secured Trailers Can Be From Negligence - Priebe and Christians [PDF]
Truck Accidents - Trailers - Accident - Lawyer - personal injury accidents Lombardi Law Firm. www.lombardilaw.com. 515-222-1110. Call Steve for free evaluation.
Farm Bureau's Rural Roads Safety Slow Moving Vehicle Symbol [PDF]
Did you know that each year over 30,000 crashes involve SMV’s? Phillip Garvey did some research at Penn State University’s Transportation Institute conducted a survey and found that only 30 percent could correctly identify the symbol. This may actually be the problem. It will be interesting to see if the Trooper or Sheriff’s deputy’s investigation uncovers this fact.
Driver Safety: Does snow and ice on the road excuse the driver’s negligence?
Officer Daniel notes major contributing circumstances include the roadway’s weather condition, the road surface condition and the first event is that the Palen vehicle crossed the center line. Let’s assume this to be the case. There are four factors to take into consideration.

1. There is a snow storm.
2. The roadway has snow and ice.
3. Palen crosses the center line.
4. Palen’s speed is fast enough for the weather conditions that the tires of her vehicle lose friction allowing the vehicle to slide out of control.

The first question you have to ask yourself is at what point a person simply has to not leave the house, waits to drive on the roads, if already on the roadway to pull off of the roadway and wait for the weather to clear sufficiently that travel is once again safe.

Iowa is a comparative fault state. What is fault as the law defines it? Fault is one or more omissions towards the person or property of the actor or of another which constitutes negligence or recklessness. It could mean misuse of a product, unreasonable failure to avoid an injury or unreasonable failure to mitigate damages. Iowa Code 668.1.
Driver Safety: Does snow and ice on the road excuse the driver’s negligence? [PDF]
Officer Daniel notes major contributing circumstances include the roadway’s weather condition, the road surface condition and the first event is that the Palen vehicle crossed the center line. Let’s assume this to be the case. There are four factors to take into consideration.

1. There is a snow storm.
2. The roadway has snow and ice.
3. Palen crosses the center line.
4. Palen’s speed is fast enough for the weather conditions that the tires of her vehicle lose friction allowing the vehicle to slide out of control.

The first question you have to ask yourself is at what point a person simply has to not leave the house, waits to drive on the roads, if already on the roadway to pull off of the roadway and wait for the weather to clear sufficiently that travel is once again safe.

Iowa is a comparative fault state. What is fault as the law defines it? Fault is one or more omissions towards the person or property of the actor or of another which constitutes negligence or recklessness. It could mean misuse of a product, unreasonable failure to avoid an injury or unreasonable failure to mitigate damages. Iowa Code 668.1.
Auto Safety: Why do car and motorcycle accident cases take so long to conclude? [PDF]
Why do lawsuits take so long to conclude? That’s a question you may have asked before. Perhaps you’ve sat around the local diner complaining about the weather and as often will happen sooner or later the conversation turns to the lawyers or court system. Well let us explore the answer to that question in this White Paper offered by Steve Lombardi, Lombardi Law Firm.
Driver Safety: Starts before you turn the ignition key, by Steve Lombardi [PDF]
Tractor trailer drivers recommend that, when cars have to share the road with big trucks, the car drivers follow a few simple rules: don’t cut off the tractor trailer, since big trucks require a lot more room than cars to stop; be courteous and don’t try to race past a truck with its blinkers on; don’t drive alongside the truck, especially if you run the risk of disappearing in the truck driver’s blind spot. Although most accidents are caused by the commercial driver, a significant number of these accidents occur because driving a truck makes it difficult to fully see the surroundings and because many passenger vehicle drivers fail to respect the truck’s right to drive on the roads. Remember being courteous is a two-way street.

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Tractor-Trailer Accidents - Overview

Web Resources for Car and Tractor Trailer Accidents:

18 Wheeler Accident Blog, Texas Lawyer
Description:
Austin Personal Injury Attorney - If you need the help of an Austin injury or wrongful death lawyer, truck accident lawyer, Texas medical malpractice attorney, or help with any other personal injury matter, the experienced and dedicated staff of Grossman Law Offices is here to help you! Let injurylawyersofaustin.com be your information source regarding personal injury and wrongful death law.
Chicago Auto Accident Attorney- Lipkin & Higgins
Description: Chicago Auto Accident Attorney- Being a respected firm, Lipkin & Higgins provides free consultation with attorneys who handle cases on various personal injuries in Chicago. Hire an attorney to get ethical & sensible legal advice and the best course of action for your auto accident injury.
Iowa car accidents
Description: Discussions about most anything of a personal injury nature including cars, trucks and mass transit wrecks or accidents.
Iowa truck and trailer accidents
Description: Iowa truck and trailer accident news and discussion.
Miami Injury Lawyer
Description: The Law Office of Robert Dixon,personal injury cases involving car accidents,
wrongful death, slip and falls and any type of injury claims.
NHTSA - Nathional Highway Safety
Description: The National Highway Safety Administration site provides safety information having to do with riding on the blacktop. An essential ingredient for any client or trial lawyer toolbox.
Rural Roads Safety - The Slow Moving Vehicle Symbol
Description:
Four people riding in a horse-drawn buggy were injured when a car struck it from the rear. The collision location is west of Kalona in southeast Iowa on Iowa's Highway 22. The horse buggy operator was a 29-year-old and the car a 21-year-old from the area. The buggy had two passengers who were taken to the university hospital in Iowa City. I wonder if the buggy was displaying the slow moving vehicle symbol or if the young driver of the car understood what that meant? I ask that question because apparently many people don't recognize it and what it's supposed to symbolize to oncoming traffic. In an attempt to educate the driving public in Pennsylvania Farm Bureau publishes a brochure in Pennsylvania displaying the SMV symbols. Rural Roads Safety brochure you can find on our site by following the linked text.

Did you know that each year over 30,000 crashes involve SMV's? Phillip Garvey did some research at Penn State University's Transportation Institute conducted a survey and found that only 30 percent could correctly identify the symbol. This may actually be the problem. It will be interesting to see if the Trooper or Sheriff's deputy's investigation uncovers this fact.

Slow-moving vehicle symbol unrecognized by many

New easy-read road signs based on PSU research

Be Patient Yield to Wide Vehicles Don't Assume that the Farmer Knows You're There

The SMV sign is for vehicles using the road and traveling 25 mph or less. The Department of Labor through OSHA describes it as follows.

1910.145(d)(10) - Slow-moving vehicle emblem. This emblem (see fig. J-7) consists of a fluorescent yellow-orange triangle with a dark red reflective border. The yellow-orange fluorescent triangle is a highly visible color for daylight exposure. The reflective border defines the shape of the fluorescent color in daylight and creates a hollow red triangle in the path of motor vehicle headlights at night. The emblem is intended as a unique identification for, and it shall be used only on, vehicles which by design move slowly (25 m.p.h. or less) on the public roads. The emblem is not a clearance marker for wide machinery nor is it intended to replace required lighting or marking of slow-moving vehicles. Neither the color film pattern and its dimensions nor the backing shall be altered to permit use of advertising or other markings. The material, location, mounting, etc., of the emblem shall be in accordance with the American Society of Agricultural Engineers Emblem for Identifying Slow-Moving Vehicles, ASAE R276, 1967, or ASAE S276.2 (ANSI B114.1-1971), which are incorporated by reference as specified in Sec. 1910.6.