Indiana Injury Law Blog

As Indiana truck accident lawyers, we think it’s great that the federal administration has set off several steps in motion to enhance truck safety and prevent accidents. In the latest such measure, the Department of Transportation has imposed a ban on text messaging while driving for all commercial truck drivers. Under the new rules, truckers who break the rules could face fines of up to $2,750.

This ban is meant to tackle the issue of distractions in truck drivers, which is obviously a far greater concern than texting by motorists. While a distracted motorist is at a serious risk of an accident, the risks are greatly magnified when you substitute the motorist with a tractor trailer driver operating a massive rig that can weigh up to 80,000 pounds.

The move is part of a greater initiative by the Department of Transportation to cut down the risks of distracted driving. Transportation Secretary Ray LaHood has made clear his commitment to the issue. Last year, Secretary LaHood convened a Distracted Driving Summit after which President Obama signed an executive order banning all employers of the federal government from using government-issue cell phones while driving government-issued vehicles.

As Indiana truck accident lawyers however, we would have appreciated the ban more if it included a ban on the use of computers in the trailer cab. These computers are frequently used by truckers to keep in touch with trucking companies, receive orders and for other activities. Drivers are forbidden from using these computers while driving. However, the fact is that many truckers either don’t pull over before using the computer, or are not able to do so on a busy highway. The risk of distractions from these computers may be several times more than that from cell phones. Fortunately, Secretary LaHood agrees, and has confirmed his interest in dealing with such distractions too.

The Indiana truck accident attorneys at Theodoros & Rooth represent injured victims of truck, tractor trailer and 18-wheeler accidents in Lake County and around the state of Indiana.

This month, the Federal Motor Carrier Safety Administration kicked off enforcement of a new rule that Indiana truck accident lawyers have found very encouraging. The rule called the New Entrance Safety Assurance Process rule, makes it harder for new truck and bus companies to breeze their way through their first safety audits, by setting stricter compliance standards and holding the threat of revocation of registration over these companies.

Under the new rule, newly registered commercial motor carriers must strictly comply with everyone of the 16 essential regulations set down by the FMCSA in order to pass their safety audit. Failure to do so will lead to holding back of permanent registration, until the deficiencies are corrected within the time period specified by the agency. Failure to comply with even one of these regulations will now make it harder for new carriers to get permanent registration. These regulations are linked to important safety aspects, like random drug alcohol testing that commercial motor carrier operators are expected to conduct to screen employees, failure to maintain trucks and repair any mechanical problems, as well as failure to use qualified and physically fit drivers.

Following these 16 essential safety regulations are not the only way to prevent truck and bus accidents. There are other factors that may be involved in truck accidents like negligence of the trucker, driver fatigue and roadway conditions. However, these regulations cover some of the most important safety issues that are frequently a factor in commercial trucking accidents. As Indiana truck accident attorneys, we have been very concerned about the poor oversight of newly registered truck companies. These new carriers often manage to sail through initial safety audits even in the presence of violations. The new rule makes it harder to take even a single regulation lightly, ensuring that only the most compliant carriers receive permanent registration. This will prevent the presence of unsafe carriers, and truckers on Indiana’s highways and roads, and therefore prevent accidents.

The state’s fiscal problems could impact Indiana’s motorists in ways that seriously concern truck accident lawyers. Forty two bus and truck inspectors in Indiana have been laid off, as the state continues to grapple with shrinking revenues and rising expenses.

State revenues have decreased by $600 million since the financial year began in July, compared to 2008. While Governor Mitch Daniels says that public safety is one of his biggest priorities, the fact is that the state has chosen to slash its expenses by firing motor carrier inspectors, who are so vital to trucking safety. Truck inspectors’ responsibilities include stopping trucks on highways and looking for violations of state laws.

The latest truck and bus inspector layoffs are the most recent in a series of layoffs announced by the administration to deal with its financial woes. As of now, Indiana state police insists that truck safety will not be impacted, and that that the 41 inspectors who remain, will continue the work of motor vehicle inspections. But, truck and school bus safety groups are already expressing concerns that the layoffs could impact safety.

It’s too early to say if this reduced inspector force will increase the number of unsafe and dangerous rigs on our highways. However, Indiana truck accident lawyers often see that limited staffing resources usually translates into poor oversight and increased number of violations.

As Indiana truck accident attorneys, wish the state administration had focused its cost cutting measures in some other areas than commercial motor carrier safety. The accidents that result from fatigued or drunk truckers and poorly maintained rigs may ultimately be a bigger financial burden than the state’s current fiscal issues.

Whenever there is a truck accident, people tend to assume that the accident or injuries are the fault of the trucker. As Indiana truck accident attorneys, we often represent truckers who have been injured due to others’ negligence.

This week, a truck driver was electrocuted when his trailer rig came in contact with high voltage power lines at a demolition site in Indiana. The truck driver was a resident of Ohio. Apparently, his semi trailer came into contact with power lines while it was off-loading metal. The trucker sustained fatal electrocution injuries, and died soon after.

Electrocution accidents that involve high voltage underground and overhead power lines, kill hundreds of people every year. Victims are often workers in the construction industry and crane operators, who sustain severe or fatal injuries when their machinery comes into contact with power lines. Truckers may also be at risk from such electrical injuries.

In the accident here, an Indiana truck accident lawyer would have a few questions:

Why were no efforts made to secure the premises?
Was the driver trained to perform his job well?

This was an accident that could have been easily prevented by unloading the metal on a part of the site that was safe from electrical hazards.

Injured truck drivers may be eligible for compensation from a number of sources. The trucker may be covered under Indiana’s Workers’ Compensation laws, although this may depend on whether he is a contractor or employee of the company. Truckers who are injured because of the negligence of a third party may also be able to file claims against the responsible parties. Claims may also be filed against manufacturers of defective power tools, maintenance companies and repair companies in case of defective truck components, malfunctioning machinery etc. Families of truckers who have been killed in accidents may also be able to claim compensation for their losses.

As Indiana truck accident lawyers, we have strongly opposed the rule allowing truckers to drive for up to 11 consecutive hours, increased from the earlier 10 hours. Now, the Federal Motor Carrier Safety Administration has agreed to revise the 11-hour trucking rule, and has promised to come up with a new rule for trucking hours within the next nine months.

There is no indication yet about what those new working hours will be, but as Indiana truck accident lawyers, we hope that the agency reverts back to the old 10-hour rules that were in place for 60 years before the former administration decided that truckers can do with one additional hour of pressure everyday.

Every year, thousands of truck accidents can be traced to tired, drowsy truckers, fatigued from too many hours spent on the job. Last week, we discussed how the NTSB is recommending sleep apnea screenings to reduce the risk of accidents. Dealing with trucker fatigue is an important part of reducing accident fatality rates, and setting lower maximum working hours for truckers is an important part of those efforts.

For the trucking industry, a rule that allows drivers to drive for one more hour makes strong economic sense. However, for the trucker himself, who is already under strong pressure to make more trips and deliveries in a 24-hour period, the strain can be enough to cause serious accidents. Profits for the trucking industry must not be allowed to take precedence over the safety of motorists and truck drivers.

We hope that the FMCSA will do the right thing here, and eliminate the additional one hour. Thousands of lives may depend on it.

A fiery truck accident last week ended in a massive explosion on the ramp from I-69 to I-456, leading to most lanes of I-465 being closed down. On Monday morning, most ramps were opened for traffic for the first time since the tanker explosion.

The accident occurred on Thursday at about 10:30 in the morning. A semi tanker loaded with liquid propane flipped over on the ramp, after the driver lost control of his rig. The tanker immediately caught fire. Fortunately, for the driver, witnesses at the scene were able to rush to the burning tanker, and pull him out through the windshield. The driver made it out of the tanker just seconds before the tanker exploded.

The explosion resulted in a massive fireball. Several vehicles nearby were damaged, and motorists were injured. Drivers in the vicinity were able to put their vehicles in reverse to avoid the spreading flames. At least one driver suffered second and third degree burns. The damage from the explosion was severe, and several billboards and even a cell phone tower, caught fire.

Meanwhile, Indiana Department of Transportation officials are still working on the strengthening the bridge, which sustained damage in the explosion. One of the support pillars of the bridge was knocked out, and has since been reconstructed.

Fortunately, there were no fatalities in this accident, but several people sustained serious burns, not to mention, survived a nightmarish experience. This accident is just one example of the huge dangers that can result when a commercial truck meets with an accident. Anytime an 18 wheeler or a semi truck crashes, the impact can be severe enough to send other drivers around the semi into a panic, often leading to multi vehicle crashes. As Indiana truck accident lawyers, we know that often, a tractor trailer may not even make contact with another vehicle, but still cause serious injuries. The impact of a tractor trailer tip over or a rig suddenly jackknifing on a busy highway, can be as devastating as a head-on collision.

The National Transportation Safety Board is finally making the kinds of recommendations that Indiana truck accident lawyers have been looking forward to.

The agency has sent letters to the Federal Motor Carrier Safety Administration, recommending screenings for sleep apnea in commercial truck drivers. The NTSB has also sent similar letters to the Coast Guard advising screenings for the disorder in merchant ship pilots, as well as the Federal Aviation Administration, and transit system agencies around the US.

Sleep apnea is a sleep disorder in which a person suffers from periods of breathing difficulties during sleep. These episodes of respiratory difficulties may occur just a few times in an hour, or as many as 30 times in 60 minutes. A person suffering from sleep apnea suffers from interrupted sleep, and as a consequence, feels listless and drowsy the next day.

A condition like this would be dangerous in any motorist, but is especially dangerous in commercial truck and bus drivers, who operate large and heavy vehicles. Fatigued drivers in fact, are linked to some of the deadliest truck accidents in the country every year. Sleep experts and Indiana truck accident attorneys have been aware that that sleep apnea is a major factor in driver fatigue, but we have been disappointed at the lack of serious attention paid to this problem. Now, the NTSB recommendation gives us hope that mandatory sleep apnea screenings for commercial truck drivers will soon be a reality.

Every year, more than 5,000 people are killed in truck accidents across the country. Last year, 136 people died in tractor trailer accidents in Indiana, many of these caused by drivers too tired and drowsy to focus on the road.

As Indiana truck accident lawyers, we believe that mandatory screenings for sleep apnea, combined with stricter enforcement of medical certification rules for truck drivers, can help lower those rates.

As Indiana trucking accident lawyers, we regularly follow developments in the trucking industry. It's encouraging to see that the American Trucking Association has thrown its weight behind a new bill that will ban texting for all drivers, including commercial motor vehicle drivers and passenger vehicle drivers.

The texting bill is called the Avoiding Life Endangering and Reckless Texting By Drivers Act, has been introduced by Senator Charles Schumer (D-NY) and will require that states ban texting within the next two years, or risk losing 25 percent of their annual highway funding. The texting ban is especially important in the light of the recent Distracted Driving Summit in Washington, that focused on motorist distractions, including texting and cell phone use.

While the support for Senator Schumer's bill has been good to note, we wish the trucking industry would also recognize the dangers that arise when truckers use computers in their cabs. Trucking groups have been quick to support a texting ban, but not as keen on banning the use of these computerized devices. More and more companies are investing in computers in truck cabs that allow them to send out new orders and messages to truckers around the country. These computers can be a serious distraction to truckers. Studies have shown that truck drivers don’t always pull over when they need to use their computer. This means that the operator of a 57-foot long, 80,000 pound truck could be distracted by the computer in his cab, endangering the safety of motorists nearby.

The American Trucking Association has also adopted policy statements that have the potential to impact truck safety in Indiana and around the country. It has expressed support for the use of onboard safety systems on trucks. These safety systems like brake monitoring systems, automated transmissions and vehicle stability control systems can minimize the risk of accidents. However, the ATA insists that trucking companies be offered financial incentives to adopt these systems.

The ATA is also calling for promoting driving education among new motorists to include awareness of driving safely around 18 wheelers. As Indiana truck accident lawyers, it's a matter of concern to us that motorists may be unaware of basic trucking safety facts, like the fact that an 18-wheeler takes a much longer time to come to a complete stop after the brakes are applied. Besides, truck drivers may not be able to see a motorist if he falls in the trucker's blind spot. New motorists can benefit from learning how to drive safely around a tractor trailer.