Illinois State Trooper Douglas Balder was nearly killed in a fiery crash in January 2014, when a sleep-deprived trucker barreled into his squad car on the Ronald Reagan Memorial Tollway. Balder had stopped to assist a big rig bound for Chicago that had stalled. Renato Velazquez was driving another semitrailer while fatigued, and he struck Balder’s vehicle, launching it into a roadside ditch while exploding its gas tank and setting the car on fire. Balder was in a medically-induced coma for six weeks and needed 10 surgeries and extensive rehabilitation to recover. Investigators later found that Velazquez had faked his logbook entries to show that he took required rest stops when in fact he had been working for nearly 37 hours straight.

Truck accidents like the one that changed Balder’s life show why big rig safety regulations need to be strengthened, but the trucking industry is working to weaken them. In July 2013, the Federal Motor Carrier Safety Administration (FMCSA) enacted a regulation reducing the maximum hours truckers could drive from 82 to 70 hours per week. The rule also mandated 34 hours off work and two nights with no driving between 1 a.m. and 5 a.m. Trucking lobbyists began working to weaken this rule nearly as soon as it was enacted, recruiting Maine Senator Susan Collins to lead the effort. Instead of taking the above-board approach of introducing legislation to undo the rule, Collins attempted to add a provision defunding the rule to another bill. The maneuver was blocked briefly after another sleep-deprived trucker slammed into comedian Tracy Morgan’s limo van on the New Jersey Turnpike, severely injuring him and killing comedian James McNair. With truck safety in the spotlight again, the amendment was withdrawn, only to be slipped into another omnibus bill later.

When forced to defend its action on sleep rules, the trucking industry argued that it was counterproductive to keep truckers off the road at night, because more accidents happen during the day when highways are crowded. In fact, the rate of fatal accidents nearly doubles at night, even with fewer cars on the road.

Representatives of companies involved with trucking took a similarly deceptive approach to government regulation of sleep apnea among drivers. Sleep apnea is a condition that causes the airways to close repeatedly during sleep, interrupting breathing dozens of times per hour during the night and leaving the person exhausted and prone to falling asleep during the day. The risk of the condition rises dramatically with weight gain, and as many as two-thirds of truckers are obese. According to a Harvard study, truckers with sleep apnea are five times more likely to cause a crash. When the FMCSA sensibly moved to require overweight truckers to get tested for sleep apnea, the trucking industry worked to pass a bill requiring the agency to use a longer, more cumbersome rule-making process. While the move would in fact delay action on sleep apnea regulation, it was presented as a safety measure, and passed Congress easily.

In the face of increasing deaths from truck accidents, the trucking industry is lobbying for heavier trucks, younger drivers, and lax insurance requirements. Stronger truck safety regulations are needed to save lives, but the industry is pushing in the wrong direction.

In the recent case of Parr v. Breeden before the Missouri Supreme Court, the question was asked whether trucking company supervisors that breach federal regulations create a separate and distinct duty to the drivers aside from the one as employers to provide a safe workplace for all employees. In other words, could the truck driver/ his surviving family members sue the company and/or supervisors individually – despite the exclusive remedy provisions of workers’ compensation law – based on their alleged violation of federal rules.

The court’s response: No.

Now, this does not mean the driver’s family had no avenue for compensation. As the underlying incident was one that occurred in the scope and course of employment, they are entitled to workers’ compensation benefits. However, they will not be successful in a separate case against the supervisors individually. 

According to court records, the truck driver was killed in a single-vehicle accident while driving his commercial vehicle for his employer. He had been employed by the company from June 2006 through April 2008, which was when he died.

During that time, he was involved in three single-vehicle truck accidents, including the third and fatal one. The first accident occurred after he had been on the job just six months. Nearly one year later, a medical examiner determined he was physically fit to operate a commercial motor vehicle and he was issued a two-year certification. However, six months later, he was involved in another single-vehicle truck accident. Then, just two weeks later, he was involved in a third accident, that one being the one that killed him.

Plaintiffs – the man’s two children and his father – filed a wrongful death lawsuit against the president of the company and two supervisors. Plaintiffs alleged defendants owed a duty to provide a safe working environment to the driver, to monitor his physical condition and ensure he was fit to drive that huge rig and also to ascertain whether he was in compliance with FMCSA regulations. Specifically, plaintiffs argued the supervisors breached their duty by putting the driver back on the road in after his second accident in April 2008 without a proper medical evaluation and also failed to inquire about whether decedent had a health condition that would have contributed to his prior single-vehicle accidents. Further, they alleged the supervisors knew or should have known it wasn’t safe for decedent to drive a truck.

Defendants filed a motion for summary judgment, arguing they did not breach their duty to provide a safe working environment, but alternatively, plaintiffs had no cause of action because there was no allegation of an affirmative act outside the employer’s duty to provide a safe working environment.

In support of their position, plaintiffs presented evidence from the November 2007 health report that showed the trucker was an overweight smoker with diabetes, sleep apnea and other health conditions that made it unsafe for him to drive.

Although defendants conceded it was their duty to make sure each of the drivers were safe to operate a commercial vehicle, they nonetheless argued this was not a separate duty from their jobs, which meant any resulting injury in this case would be covered by workers’ compensation.

The trial court agreed, and both the appeals court and the state supreme court affirmed.

It’s worth noting that had this truck driver been in a truck accident that injured or killed someone else, the fact that the company overlooked these serious safety concerns would likely be grounds for victims to pursue punitive damages in addition to compensatory damages.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Parr v. Breeden, June 7, 2016, Missouri Supreme Court

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Increasingly higher awards are being handed down by juries in trucking accidents. As such, the FMCSA considers the current $750,000 minimum for carrier liability insurance insufficient for accident costs.

But a study by the FMCSA showed that less than 1 percent of trucking accidents go over the $750,000 ceiling — a statistic that has prompted smaller trucking companies to question the call for higher insurance coverage. If the statistics show such a low rate of payout in accidents, why does the FMCSA want to raise insurance rates? Some smaller trucking companies suspect the call for higher premiums is a self-motivated push to garner more funds for large carriers.

In the meantime, the FMCSA has created a rulemaking team to figure out the best minimum level of insurance for carriers.

Those involved in an accident with a big rig may soon find that there is more insurance money on the table to claim for life-altering injuries or wrongful death claims.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

In an effort aimed at saving lives from tractor-trailer accidents, the Federal Motor Carrier Safety Administration will cap drivers’ workweeks at 70 hours – a reduction of nearly 15 percent from the previous limit of 82.

According to the U.S. Department of Transportation, 3,887 people were killed in crashes involving large trucks in 2012. The DOT does not know precisely how many of those were related to fatigue, but one study showed about 13 percent of such crashes involve a sleep-deprived driver.

Opponents in the trucking industry say that the new rules may cost them as much as $1.4 billion per year because deliveries will take longer and more trucks will be required to do the same work. Government regulators put the cost at about $500 million and say the health benefits due to fewer crashes and less fatigue will outweigh the costs.

The DOT estimates shorter workweeks will prevent about 19 deaths, 1,400 crashes, and 560 injuries each year. But industry representatives point to a years-long downward trend in truck-crash fatalities.

For each violation of the new rules, the FMCSA will impose fines of up to $2,750 on individual drivers and up to $11,000 on trucking companies.

We Focus our Practice Exclusively on Wrongful Death and Critical Injury Cases – Contact a personal injury attorney at The Lietz Law Firm by calling 866-554-1238 or learn more by visiting http://www.lietzlaw.com/.

Consider the case of a Georgia trucker who pled guilty to five counts of involuntary manslaughter. He was barreling down the highway, heading east. Directly in front of him was a line of stopped cars, waiting for another accident scene to be cleared. The man had been on the road too long and was fatigued to the point where he drifted in and out while behind the wheel. The driver had his foot to the pedal doing 70 mph when he slammed into the line of cars. Five died. The trucker may do five years or more in jail.

It was one of those accident scenes that no one ever wants to see again. It also raised a contentious debate about big rig driver fatigue and the adherence to federal regulations —- often more honored in the breach than in reality. This particular accident is one of hundreds that happen every year. In fact, statistics released by the National Highway Traffic Safety Administration suggest that close to 80,000 suffered serious injuries in truck accidents in 2010. Of that number, more than 3,500 died. The cause of most of these accidents? Apparently, driver fatigue is the culprit in at least 13 percent of the big rig wrecks —- those numbers courtesy of the Federal Motor Carrier Safety Administration (FMCSA).

The number killed on highways by truckers drifting off has sparked the FMCSA to further restrict the time truckers are allowed to spend driving. Now, they are mandated to take 34 hours of down time, per week, which would include two nights off in a row, and a limit of 11 hours driving. While this kind of industry regulation likely makes good sense and could reduce the chance of horrific crashes, the trucking industry does not like it. They say it would cost them money, about $470 million/year, delay product delivery and end up with more big rigs on the road during peak traffic times. Nowhere do they mention driver safety or the safety of others on the road.

Those whose life is dedicated to safety on the roads think the newer rules do not go far enough to protect others sharing the highways, and can see some loopholes that companies may use to circumvent the restrictions. And so safety comes full circle with advocates on one side of the fence tightening rules, but leaving loopholes and truckers and their employers striving for more hours, not less, to make money and deliver product expeditiously. Who wins?

Certainly not the car driver who gets into a crash with an 80,000-lb. rig gone out of control because the trucker fell asleep at the wheel. If you have been in an accident involving a semi, contact a personal injury attorney for help. If you want compensation, these multi-jurisdictional accidents need an experienced injury attorney to speak for you in court.

Learn more at http://www.ozcomert.com/

Buses, by the numbers, are very safe. But because they carry large numbers of people – who often are not wearing seatbelts – a bus accident can result in many injuries or deaths.

The NTSB pointed out that much attention has been focused on the protection of passengers from injury in the event of a crash. But in this report, the board shifts focus to avoiding bus crashes in the first place. In order to do this, we need better oversight of drivers by the bus companies and better oversight of the companies by the government, the NTSB says.

Companies that operate buses should review a long and comprehensive driving history of potential new employees, according to the report. They should also use video recorders to assess driver performance and require drivers to get regular medical checkups to make sure they are fit to work. Drivers and their employers should work together to manage the risk of fatigue by setting responsible limits on hours of service.

The NTSB also recommends additional oversight of bus companies by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA should require new carriers to demonstrate their competence in safety before giving them the green light. And the FMCSA should develop methods for ensuring compliance in the event that a carrier is ordered to cease operations due to safety violations.

We Focus our Practice Exclusively on Wrongful Death and Critical Injury Cases – Contact a personal injury attorney at The Lietz Law Firm by calling 866-554-1238 or learn more by visiting http://www.lietzlaw.com/.