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Truck Accidents

Federal Transportation Officials Limit Number of Hours Truckers Can Drive
Posted by: William Gentile
January 16, 2012

The Federal Motor Carrier Safety Administration last month released its revised work hour rules for truck drivers. The rule comes as a disappointment for New York trucking accident attorneys.

The new rules don't limit the maximum number of hours that a truck driver can work in a day, as New York trucking accident attorneys had been hoping. Instead, the current 11 hour limit will stay.

As part of the revision, the maximum number of hours that a truck driver can work during the week has been limited to 70. Under the previous rules, truck drivers could drive up to 82 hours per week. According to federal trucking safety officials, the new rules are another step toward keeping Americans safer on our highways.

Trucking can be a challenging job at the best of times, and if a truck driver is tired, stressed or fatigued, it only increases the risks of an accident. According to Transportation Sec. LaHood, this new rule will prevent several fatigue-related accidents every year.

However, the fact that the Federal Motor Carrier Safety Administration has not placed a limit on the number of hours that a driver can drive in a single day is definitely a source of concern. This was one of the main demands of New York trucking accident attorneys and trucking safety groups - that the Federal Motor Carrier Safety Administration set strict limits on the number of hours that a trucker can drive in a day. That, sadly, has not happened.

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NTSB Recommends Programs to Prevent Truck/Bus Rollover Accidents
Posted by: William Gentile
August 30, 2011

Thirty passengers on a tour bus narrowly escaped injuries when their bus tipped over near Whitney Point, New York last month. The accident coincides with the National Transportation Safety Board's new recommendations for programs to prevent rollover accidents involving commercial trucks and buses.

The bus that crashed was carrying a group of tourists from Poland. The bus overturned on a rain slicked Interstate 81. There were no fatalities, but nineteen people were injured seriously enough to be taken to the hospital. One woman suffered critical injuries when she was trapped underneath the bus. According to police, the rollover was likely the result of driving too fast for existing weather conditions.

It was last month that the National Transportation Safety Board released the findings of an investigation into a tanker truck accident in Indiana. In that accident, the tanker truck had flipped over, setting off a massive explosion. The National Transportation Safety Board has now recommended that the FMCSA and the Pipeline and Hazardous Materials Safety Administration develop a comprehensive program aimed at preventing rollover accidents involving commercial trucks and buses.

The NTSB has now recommended that the program include new standards for the design of cargo tanks in order to prevent rollover accidents. It should also include the installation of stability control systems on commercial trucks and buses. Stability control systems have been used with great effect to reduce the risk of rollovers in automobiles. Similar systems are available for use in commercial trucks, but these are not mandated by the federal administration. The NHTSA estimates that mandatory stability control could prevent as many as 3,600 rollover accidents every year.

The New York truck accident lawyers at Godosky and Gentile represent persons injured in truck and tractor trailer accidents across the state of New York.

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Bill to Increase Truck Weight Limits is Reintroduced in Congress
Posted by: William Gentile
March 22, 2011

A bill that has been strongly opposed by New York truck accident attorneys has made its way back to Congress. The bill HR 763 also known as the Safe and Efficient TransportationAct, will allow states to increase the truck weight limits on federal interstates.

The bill was introduced in February by Rep. Mike Michaud Democrat-Maine, and gives states the option to increase truck weight limits to 97,000 pounds. The bill has been aggressively promoted by the Coalition for Transportation Productivity. According to the Coalition, the bill would greatlyincrease the efficiency of the American trucking industry.

The Coalition for Transportation Productivity insists that the current 80,000 pound weight limit on the nation's interstate network, places the American industry at a severe disadvantage when compared to countries like Mexico and Canada that have higher weight limits on their highways. Besides, supporters of the bill argue that in the future, the American trucking industry will be under tremendous pressure to deliver more tonnage, and this will lead to more numbers of trucks on the highways, possibly increasing the risk of accidents.

This is the third time that the bill is making its way to Congress, and this time round, New York truck accident lawyers expect that there will be strong support, for the bill not just from the trucking industry, but also from companies that stand to profit greatly when trailers are stuffed to the max. Heavy trucks however simply mean greater force in the event of an accident.That's the primary reason why the bill has been strongly opposed by trucking safety groups and families of trucking accident victims.

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New York Truck Drivers May Have 10-Hour Limits to Prevent Accidents
Posted by: William Gentile
January 18, 2011

If a new proposal that has been made by the Federal MotorCarrier Safety Administration and supported by New York truck accident attorneys, is approved, truckers in thestate of New York and elsewhere around the country will have a 10-hour limit on the number of hours that they can drive consecutively in a day.

The proposal is part of the Federal Motor Carrier Safety Administration?s efforts to revive the Hours of Service for commercial truckers. The proposals include a number of other provisions, but it is the part which includes a limit on the maximum number of hours that a trucker can drive in a day, that has been the object of much scrutiny and debate. New York truck accident lawyers havesupported a reduced limit on the number of hours that a trucker can drive in a day. The FMCSA has proposed a 10-hour limit, and has invited this for public comment. However, the FMCSA has not completely come out in support of a 10-hourlimit. Meanwhile, the Obama administration has said that it will support any rule that will keep truckers rested, refreshed and not fatigue.

Limiting truck driver fatigue involves limiting thenumber of hours that they can drive consecutively on the highway. A truck driver may have several factors that increase the risk of fatigue. For instance, truck drivers work alone, driving on long highways, which increases the risks of nodding off at the wheel. In a situation like this, a truck driver who has been driving for 11 or 12 hours at a stretch is at a much higher risk of being in an accident. Unfortunately, truck drivers are under strict and tight schedules that do not allow them to pull over for a couple of hours of rest. A rule like this that restricts the number of hours that a truck driver can drive, can help minimize the risk of truck accidents related to fatigue.

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New York Truck Accident Lawyers Applaud Cell Phone Ban for Truck Drivers
Posted by: William Gentile
January 18, 2011

The year 2010 saw encouraging efforts by federal agencies to prevent truck accidents due to distracted driving. It began with a proposal by the US DOT banning texting while driving for commercial motor vehicle drivers, including truck and bus drivers. The Federal Motor Carrier Safety Administration ended the year by announcing a proposal to ban all handheld cell phone use for truck and bus drivers while at the wheel.

This is a major step forward toward trucking and highway safety in the country. Commercial motor vehicle drivers are now prevented from using a hand-held cell phone whiledriving. That includes holding a cellphone, dialing a number or talking on the cell phone. For now, plans are to keep the ban restricted to hand held cell phones. However, the Federal Motor Carrier Safety Administration has been sending indications that it would expand this ban in the future to include hands-free cell phones too.

While a ban on the use of hand-held cell phones is definitely a start, New York truck accident lawyers would like the FMCSA to take more firm steps to prevent distracted driving by commercial truck drivers. That would include not only a ban on hands-free sets, but also severe restrictions on the use of dashboard computers by truck drivers. These computers which require drivers to maintain contact with the trucking company, read e-mails and surf the Internet, are meant to be used only when the driver has pulled his truck over.

Unfortunately, truck drivers don't always find a place to pull over, or choose not to do so to save time. That only increases the risk of a serious accident because the driver?s concentration is not 100% on the road. A ban on such computer systems would go a long way to prevent truck driving accident hazards caused by electronic communication devices.

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New York Truck Stop Closures Increase Risk of Accidents
Posted by: William Gentile
December 21, 2010

As New York truck accident attorneys, we are very concerned about a recent decision by the Department Of Transportation to shut down several truck stops across the state.

The DOT announced earlier this year that about six truck stops across the state would be closed down because of budgetary concerns. The six stops were chosen based on their condition, age and proximity to other truck stop areas nearby. Two of the truck stops are located in Essex County,while one each is being closed down in Ostego, County, Oswego and AlbanyCounties. According to the DOT, thebudget will save at least $500,000 this year, and up to $1 million next year throughthe closure of truck stops. For now, there are no plans to reopen the truckstops later.

New York truck accident attorneys, lawmakers and traffic safety advocates have been vocal in their opposition to these truck stop closures. Truckers have staged protests against the government's decision to close down six highway rest stops. Lawmakers have also spoken out against these closures.

Truck stops are safe rest areas where truckers can get a bite to eat and rest for a while before they continue driving. These rest areas are very essential, because they allow the driver to maintain his hours of service driving limits. When we close down truck stops, a trucker has no place to park his truck and sleep. In a situation like this, he can either continue driving while drowsy, which is a serious risk to other motorists, or he can stop the truck by the side of the highway, which also increases accident risks. Parking a truck in an abandoned area also endangers the safety of the trucker.

The Department of Transportation could have found other ways to save those dollars. Closing down truck stops could have long term trucking safety consequences.

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Study Shows Speeding Main Factor in Truck Accidents in 2009
Posted by: William Gentile
November 06, 2010

An analysis by the Federal Motor Carrier Safety Administration has determined that speeding was the number one factor in truck accidents last year. The analysis is part of the Federal MotorCarrier Safety Administration's efforts to understand the reasons for thedecline in fatal truck accidents last year. In 2009, there was a significant decline of 20.4% in the number of truck accident fatalities in the US. There was also a similar decline in the number of fatal truck accidents last year.

The analysis classified the top 10 factors in truck crashes in 2009. Truckers driving at excessive speeds accounted for 7.3% of accidents last year. The same number of truck accidents was also linked to driving under the influence of alcohol and drugs. Next on the list were failure to keep in lane, distracted driving, failing to yield right of way, failure to obey traffic laws, over correcting, fatigued driving, following improperly and making an improper turn.

It surprised New York truck accident attorneys to learn that fatigued driving is not as much of a factor in fatal truck accidents as is generally believed. Drivers operating a heavy commercial truck in a fatigued state only caused about 1.4% of truck accidents last year.

The findings are interesting because the FMCSA and other related safety agencies are currently looking at reworking trucking safety rules to address the question of driver fatigue. For instance, the Federal Motor Carrier Safety Administration is currently in the process of revising Hours of Service rules for truckers, in order to prevent truckers from driving in a fatigued state. Since fatigued driving only accounted for just over 1% of all fatal truck accidents last year, should the agency go easy on the issue of fatigued driving now?

As New York truck accident attorneys, we certainly don’t believe so. There have been other economic reasons for the decline in fatal truck accidents last year, like the overall recession that impacted the trucking industry too. Therefore, this analysis is not the right basis for us to be making future decisions that will impact trucking safety.

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Fatigued, Distracted New York Truck Driver Sentenced to 3 to 9 Years in Fatal Accident
Posted by: William Gentile
September 20, 2010

The truck driver, who admitted that he was tired and distracted watching porn on his laptop computer during a fatal crash in NewYork last year, hasbeen sentenced to between 3 to 9 years in prison. Thomas Wallace admitted that he wasdistracted when he crashed his vehicle into a disabled car. In the car, was a 33-year-old mother, who hadstopped her vehicle after hitting a deer. The truck slammed into the disabled car, killing the woman instantly.

Investigators managed to piece together exactly what had happenedin the minutes before the crash. Wallaceinitially told investigators that he had not been able to spot the disabled carbecause he was checking traffic in his mirrors. He also denied that his computer was anywhere around the dashboard. However, tests by the Western New YorkRegional Computer Forensic Labs found that he had been watching online pornmovies while driving just before the crash.

As the investigation progressed, it also became clearthat Wallace had had very little sleep in the hours before the accident. In fact, he had had a maximum of 4 ½ hours ofsleep during the 27 hours before the accident. That was in clear violation of federal Hours of Service rules. Wallace pleaded guilty to charges of seconddegree manslaughter on 25 May. He canexpect to spend between 3 and 9 years in prison.

Trucking accidents can sometimes involve a confluence of morethan one factor, like fatigue and distracted driving in this case. Both of these factors are hot button issuesright now. In fact, the Federal Motor Carrier Safety Administration is currentlyin the process of reviewing the Hours of Service rules for truck drivers. The federal administration has also beentaking some steps towards limiting distractions in truck driver cabs. Earlier this year, the Department of Transportationannounced a ban on texting by truck drivers at the wheel.

However, there's only so much that legislation cando. Truckers themselves need to takeresponsibility for their own actions, and trucking companies that employ them,can do much towards that end.

The New Yorktruck accident lawyers at Gentile and Godosky represent injured victims ofcommercial truck accidents in New York City and across New York State.

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New York Transportation Study Provides Interesting Insights into Pedestrian Safety
Posted by: William Gentile
August 23, 2010

A new report on transportation in New York dispels some long-held myths, and provides an interesting look at the how’s and why’s of pedestrian accidents. According to the report:

Pedestrians are 10 times more likely to die in an automobile accident than the occupants of the vehicle. There are no surprises there for New York car accident lawyers.

27% of fatal pedestrian accidents were caused by failure of a motorist to yield, and 36% were caused by driver inattention.

80% of all fatal pedestrian accidents involved male drivers.

39% of all fatal pedestrian accidents involved private automobiles, and not as people would expect, New York taxis, buses and trucks.

The major streets are deadlier for pedestrians than local streets. These are the sites of approximately 2/3^rd more fatal pedestrian accidents than smaller streets.

Manhattan leads the way when it comes to the highest number of pedestrian fatalities per mile. Manhattanites also likely have a better understanding of their traffic situations, and are better able to avoid fatal accidents here. About 43% of pedestrian accident fatalities in Manhattan are residents of the other boroughs.

Even motorist driving maneuvers seem to be an important factor in pedestrian fatalities. Motorists making left-hand turns were more likely to strike and injure or killed pedestrians.

The data is prompting the New York City Council to take more steps to improve pedestrian safety. The report outlines the 2010-2011 action plan whose highlights include the installation of countdown pedestrian signals at 1500 intersections, engineering 60 miles of roads for better pedestrian safety, as well as pilot programs to improve visibility at left turns and test the effectiveness of 20 mph neighborhood zones.

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NHTSA Could Soon Mandate Stability Control Systems for All trucks
Posted by: William Gentile
August 23, 2010

The National Highway Traffic Safety Administration is looking into the advantages of mandating electronic stability control systems on all commercial trucks, 18 wheelers and tractor-trailers.

Researchers from the NHTSA told a hearing of the National Transportation Safety Board this week, that the agency has enough evidence to indicate that mandating electronic stability control systems on all 18-wheelers would prevent approximately 3,600 truck rollover accidents each year. Further, these systems could help prevent approximately 4,400 injuries and 106 fatalities.

The NTSB hearing was convened to look into the kind of safety systems in place to prevent truck rollover accidents involving tanker trucks. That concern comes from a truck rollover accident in Indianapolis last year, in which a propane truck flipped over on a busy interstate, and burst into flames. Several people were injured, and the resulting fireball shot hundreds of feet high. That accident could likely have been prevented if the truck had come equipped with a stability control system. The federal agency is looking at the prospect of having such systems on all tractor-trailers.

Electronic stability control systems are available on millions of cars in the US. In fact, the NHTSA has required that all new passenger vehicles come with these systems that can dramatically reduce the risk of a rollover. Electronic stability control systems are designed to detect when a motorist is in danger of losing control of his vehicle, and can apply preliminary brake pressure in order to help the motorist regain control of the vehicle. These systems have been responsible for saving hundreds of motorist lives in passenger vehicle accidents, and New York truck accident lawyers believe they would be equally successful in preventing truck rollover accidents too.

However, as New York truck accident attorneys, we also know that any move to mandate stability control systems in all trucks will be met with opposition from the trucking industry. The systems would add about $1,000 to the cost of a commercial truck, and the industry is likely to resist any increase in costs. That's why it's more important than ever that the NHTSA acts quickly to mandate these potentially life-saving systems in all trucks.

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Senate Bill Would Allow New York to Increase Truck Weight Limits
Posted by: William Gentile
August 23, 2010

A new bill introduced in the U.S. Senate would allow states to increase weight limits on tractor-trailers plying interstate highways. The bill S3705, also called the Safe and Efficient Transportation Act, would allow states to increase the gross vehicle weight limit on 18 wheelers on the Interstate Highway System, to 97,000 pounds from the current 80,000 pounds. The bill would also require that trucks carrying more than 80,000 pounds be equipped with an additional sixth axle in order to compensate for the additional weight and to prevent an increase in stopping distance.

In these dismal economic times, the trucking industry has been looking at ways to cut costs and increase profits, and being able to haul heavier cargo is a great way to do just that. Not that the enhanced profits the industry will reap are even mentioned in the list of advantages of heavier trucks that trucking groups are dishing out. Any New York truck accident attorney or truck safety advocate will tell you that adding additional weight to these already bulky 18 wheelers that are involved in so many serious accidents every year, is dangerous.

Every year, an average of 4,000 people are killed in tractor-trailer accidents. In many of these accidents, truck drivers are simply unable to control a massive rig. As a result, trucks jackknife, flip over or mow into other vehicles with devastating loss of life and property, and serious injuries. Adding additional tonnage to a vehicle like this that drivers already find it challenging to control, is simply adding to the injury and death risk to millions of American motorists, as well as the truckers who drive these vehicles.

Anyone who's concerned about trucking safety, including New York truck accident lawyers should come out strongly against the passing of the so-called Safe and Efficient Transportation Act. The bill might make trucking more efficient, but it will not make highways safer at all.

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Jason's Law Will Provide for Safe Expanded Rest Areas for Truckers
Posted by: William Gentile
July 11, 2010

Every day, hundreds of truckers, who are either too early for a delivery or want to rest for a couple of hours, find that there are no safe and secure rest areas. The truck drivers have two choices- they can continue driving tired, or they can pull over at an unsafe area for rest. Both these options are highly risky and dangerous, not just to the truck driver, but also to the other motorists who will be sharing the highway with them.

Providing an expanded and safe truck area network for these truckers is the idea behind a piece of legislation that is currently stuck in a Senate committee. The legislation is called Jason’s Law, and is named after Jason Rivenburg, a New York truck driver who was killed during an armed robbery in an abandoned South Carolina gas station last year.

Rivenburg had just made a milk delivery, and was scheduled to make another one the next day. He pulled over at the gas station and was talking on a cell phone, when a robber walked up to the truck, and shot him in the head. Rivenburg died instantly. His widow Hope is behind Jason’s Law, a piece of legislation that aims to expand the rest area network for truckers around the country. Weeks after Rivenburg died, US Rep. Paul Tonko, D-New York introduced Jason’s Law. Both Hope Rivenburg and Rep. Tonko are urging truckers, their families and truck safety groups to call their local lawmakers to push for Jason’s Law to be passed.

Truck rest areas in the country were never that many to begin with, and these have begun closing down at alarming rates in several states. Fiscal difficulties have contributed to the shutting down of truck rest areas in states like Indiana. It has long been a complaint of truck drivers and New York truck accident lawyers, that there is insufficient access to safe rest areas when truck drivers need to stop driving according to Hours of Service Rules. There's little point having HOS rules if you can't provide a truck driver access to facilities where he can park his truck, and rest safely.

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Federal Agency Considering Ban on Truck Driver Distractions
Posted by: William Gentile
July 11, 2010

After its ban on text messaging by truck drivers, the Federal Motor Carrier Safety Administration could soon move towards banning other kinds of distractions in truck cabs, including CB radios and dispatch systems.

Last week, the agency's Chief Safety Officer spoke to a meeting of the National Association of Small Trucking Companies, saying that her agency would look at minimizing all kinds of other distractions that a truck driver faces in the cab. CB radios and dispatch systems are on the list, but they're not the only items that the agency is likely to target. It's clear that the agency is looking beyond cell phones and text messaging devices in its efforts to keep truck driver attention focused 100% on the highway.

However, the FMCSA will have to consider that many of the devices used by truck drivers in their cabs are necessary for two-way communication between the driver and the trucking company. In fact, the FMCSA admits that any proposal it will develop to ban distractions in truck cabs will not interfere with these processes.

As New York truck accident lawyers, we would urge the Federal Motor Carrier Safety Administration to look closer at regulation of the growing use of computers in trucks. These small computers help the truck driver say in touch with his office, check e-mails , surf the Internet, receive directions, receive new orders and perform a number of other important activities.

Technically, a truck driver is not supposed to log onto a computer when he's driving. He must stop the truck before he logs onto the computer. However, that, very often, does not happen. It can be an inconvenience to pull over, or there may simply be no place to pull over to log on to the computer.

The New York Times last year had a report on the serious distractions that truck drivers are exposed to when they use these computers while driving. While the trucking industry will not agree to ban the use of computers in trucks, the FMCSA should at least look at how it can restrict the use of these devices.

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New York Woman Killed in Truck Accident
Posted by: William Gentile
July 11, 2010

Truck accident fatality rates may be dropping nationwide, but there's no reason to be complacent about the toll these accidents take on innocent people. This week, a 65-year-old woman was killed in a truck accident in Newstead, New York. According to news reports, the woman was driving a car that was broadsided by a tractor-trailer. The woman was rushed to the hospital, but she died later of her injuries. There were three children in the car, aged between six and seven years. They have suffered serious injuries.

It appears that the tractor-trailer driver did not see the car because of sun glare. We will have to wait for investigations to be complete before we know the reasons for this crash. However, it should serve as another reminder of the dangers motorists face when they share the highways with these massive big rigs.

The good news is that truck accident fatalities have been on a downward trend over the past couple of years. The bad news is that these still kill dozens of people in New York State every year. In 2008, 118 people were killed in accidents involving commercial trucks in New York. That was a drop from 155 deaths in 2007 and 174 in 2006, but it is still far too many deaths for any New York truck accident lawyer to tolerate.

Truck investigations in New York can be a complex affair. Truck drivers are presented with unique challenges as they travel through American highways every day, and they are required to be equipped with the skills needed to cope with these. Truck drivers often work long hours, sometimes going beyond the maximum numbers of hours that they can spend behind the wheel. This often contributes to driver fatigue which is an important factor in truck accidents in New York.

Other factors can also come into play when there is a trucker at the wheel of a massive big. These include drunk driving, use of cell phones behind the wheel and other distractions, speeding, tailgating and reckless driving.

A truck accident investigation in New York will also include a mechanical investigation of the truck to look for defective or malfunctioning parts, inadequate repairs, faulty brakes, steering, wheels, tires and other components.

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