18-Wheeler Crash on Highway 59 North Takes Lives of Two People

Mechanical failure and, potentially, driver error on the part of the truck driver resulted in a fatality crash involving an 18-wheeler and two other vehicles August 10^th just outside of Lufkin.  Thaddeus Warden, of Lufkin, was tragically killed in the crash.  Mr. Warden was driving a 2013 Dodge southbound on highway 59 when the 18-wheeler lost control crossed the median and crashed into Mr. Warden’s truck and a 2016 Jeep driven by Bria Jones of Houston.  According to reports, Ms. Jones was injured as well and transported to a Lufkin hospital.  A passenger in the 18-wheeler, Brenda Ramon, of Laredo was also killed in the crash.According to DPS reports, the 18-wheeler suffered a blowout immediately prior to the driver losing control of his truck.  At this time, it’s not known whether the blowout theory is based on information from the driver, or evidence obtained from the scene.  However, these type crashes are all too common on our nation’s roadways.  Many assume that a tire “blow out” is some kind of freak accident that just ‘happens’ and can’t be prevented.  Nothing could be further from truth.  Crashes caused by tire “blow outs”,  just like crashes caused by wheels suddenly “coming off” 18-wheeler trailers, are almost always preventable and usually the result of negligent maintenance, driver error, or both.Today’s tires are manufactured to exacting standards and don’t “blow out” unless something is bad wrong.  Remember the Ford Explorers and Firestone Tires that kept exploding and causing crashes?  Remember all the lawsuits?  That’s because tires are not supposed to blow out.  There were lawsuits because the Firestone tires were defective and dangerous.  Now, think of all the pieces of 18wheeler tires you see on the side of the road.  Have you ever heard of a big wave of 18wheeler tire lawsuits?  You can bet that if the tires were defective, there would be lawsuits all over the place.The truth is, 18-wheeler tires are manufactured to significantly higher standards that passenger cars.  The average passenger car tire weighs about 20 pounds while the average big truck tire weighs in between 100 and 110 pounds.  However, as you can imagine, truck tires are also under tremendous pressure and stress.  Big trucks are allowed to carry 20,000 pounds of weight on each axle.  The most common cause of “blowouts” are driving on worn and damaged tires, or driving on under inflated tires.  Big truck tires are designed to run on 95-115 pounds of air pressure (as opposed to the 32 pounds required for a passenger car).  When a trucking company decides to cut corners and squeeze ‘a few thousand more miles’ out of worn and damages tires it puts everyone else on the road at risk.  Likewise, low air pressure and worn and damaged tires are easily detected by even the most inexperienced driver, if he or she takes the time to look.  When truck drivers get in a hurry, and skip the pre-trip inspection that the law requires them to perform before every trip, the results can be absolutely tragic. Mike LoveMikeLove@TexasLawOffice.com * Mr. Love practices law in Lufkin Texas and is the senior partner with the law firm of Mike Love & Associates, LLC.  Much of Mr. Love’s practice involves representing the victims of 18-wheeler crashes.  Mr. Love regularly speaks at legal seminars providing continuing education to other attorneys relating to car and big truck crash litigation through Texas Trial Lawyers Association and the Texas State Bar.

How the Government Prevents Truck Accidents Caused by Poor Tire Maintenance

If you read our blog last week, you learned about how Federal Motor Carrier Safety Administration (FMCSA) load regulations prevent truck accidents. There are many other FMCSA regulations that keep us safe. For example, FMCSA regulations require commercial carriers to use safe equipment. Today we are going to focus on the importance of maintenance and using safe tires. We are also going to briefly describe types of truck accidents caused by poor tire maintenance. Keep in mind, that while we are discussing commercial trucks, the following regulations also apply to other commercial vehicles.Equipment on commercial trucks experience wear and tear, especially tires. FMCSA regulation § 393.75 requires that commercial trucks must never operate on tires that meet the following criteria.

• Trucks cannot operate on tires that have ply or belt material exposed (either through the sidewall or tread). This includes cuts large enough to expose ply or belt material.
• Tires with tread or sidewall separation are not safe for use. To put this into layman’s terms, tires experiencing tread or sidewall separation are starting to fall apart.
• Trucks cannot operate on flat tires. In addition, trucks cannot use tires with audible leaks.
• Tread depth on tires must meet certain standards. Steering tires (located in the front) must have a minimum tread depth of 4/32 of an inch. Other wheels located on trucks must have a minimum tread depth of 2/32 of an inch.
• Trucks must use tires that can operate within the weight limit listed on the sidewall. There are rare exceptions to this rule.
• Trucks cannot operate with cold tire inflation pressures less than what is specified on the sidewall for specific loads.

Truck tires can break down due to poor maintenance practices. For example, regular inspections should catch tires with poor tread depth or deep cuts that expose the sidewall or tread. If commercial carriers allow unsafe tires to be used, other motorists pay the price.

What You Should Know About Truck Accidents and Poor Tire Maintenance

There are several types of accidents that can occur when truckers and commercial carriers neglect maintenance and operate on unsafe tires.Blowout accidents: Blowout accidents occur when tires rapidly and explosively lose pressure. When blowouts occur, truckers can lose control of their vehicles. Trucks can also roll over after experiencing tire blowouts. When tires are incorrectly installed (such as installing tires that cannot handle specific weight loads) or have poor tread depth, blowout accidents can occur. For the most part, blowout accidents are preventable with routine maintenance.Weather-related accidents: The same rules for tires that apply to passenger vehicles also apply to commercial trucks. Trucks with shallow tread depth cannot safely operate in severe weather or on slick roads. Tread depth helps truck tires grip icy or wet roads so truckers do not lose control.Rear-end accidents: Trucks operating on poor tires may require more room to brake and avoid collisions. This is especially true during adverse weather conditions.Although the FMCSA has stipulated tire use and maintenance rules, many commercial carriers fail to keep tires on their trucks maintained. Some commercial carriers do not want to replace tires or hire people to perform maintenance.We hate to be the bearer of bad news, but there are many other pieces of equipment on trucks that require routine maintenance. Much like tires, commercial carriers may neglect to maintain these pieces of equipment. Expect future blog updates discussing how our attorneys can determine when truck accidents have been caused by poor maintenance practices.The Texas truck accident attorneys at Mike Love & Associates, LLC will hold negligent commercial carriers accountable for crashes.

Why the FMCSA Has Regulations on Securing Cargo

Semi-trucks weigh 14,000 to 80,000 pounds (80,000 is the maximum weight limit allowed without special permit) and can travel at speeds far in excess of any posted speed limit. Due to the size and weight of semi-trucks, the Federal Motor Carrier Safety Administration (FMCSA) has strict guidelines that regulate truckers and their vehicles. FMCSA regulations also create certain rules for securing loads.Drivers with unstable loads risk rollover accidents that can have fatal consequences for nearby motorists. By discussing these regulations, it should become clear why rules for securing cargo are important.

How FMCSA Regulations Prevent Cargo Shifts and Rollover Accidents

FMCSA regulations dictate that drivers or trucking companies must properly secure cargo to prevent shifting. To be considered properly secured, cargo must be tied down with securement devices (in compliance with FMCSA regulations) and evenly distributed.For example, FMCSA regulation 392.9 covers the inspection of cargo, cargo securement and systems. Under this provision, drivers are required to carry out several inspections before and after setting out on trips. Drivers must ensure cargo is properly distributed and secured. In addition, drivers must ensure that all other equipment (tailgate, doors, tarpaulins and spare tires) are secured.This provision also requires drivers to inspect cargo and securement devices within 50 miles of beginning a trip. Drivers are also required to reexamine cargo and securement devices throughout trips.Why is this provision so important? When semi-truck drivers fail to properly secure loads, rollover accidents can occur. If cargo shifts, especially during sharp turns, trucks can lean away from curves. This is almost always the case when loads are not properly secured. Unsecured loads can pull on the truck’s center of gravity, which can cause a tip over accident (also caused a load shift accident).Rollover accidents have devastating consequences for any nearby motorists. During rollover accidents, these multi-ton vehicles lose control and often skid across the road. According to a study conducted by the FMCSA, rollover crashes account for 9 percent of truck accidents. Rollover accidents are preventable when drivers and trucking companies follow regulations.Unfortunately, some trucking companies may neglect to properly distribute or secure loads. Trucking companies may decide not to purchase the equipment necessary to secure loads, putting everyone else at risk just to save a few dollars. If all trucking companies followed FMCSA regulations, it is almost certain that our nation would see fewer truck accidents!

When Are Truck Rollover Accidents Caused by Negligence?

Depending on the circumstances, trucking companies and drivers may be considered negligent for causing accidents. FMCSA regulations exist to protect the general public. When trucking companies turn a blind eye to unstable loads, other people can pay the ultimate price. Fortunately, negligent trucking companies will often have a paper trail that attorneys can use to prove negligence.The Texas truck accident attorneys at Mike Love & Associates, LLC have years of experience holding negligent trucking companies accountable.

Why Aren’t Commercial Truckers Being Screened for This Common Health Condition?

Last week’s blog discussed how truck drivers and commercial carriers sometimes falsify hours-of-service logs to generate more profits. The longer truckers are on the road making deliveries, the more money commercial carriers stand to make.Hours-of-service logs record resting periods for drivers so that they cannot drive for 19 hours straight (this is only an example). In last week’s blog, we discussed how a Wal-Mart trucker who had been awake for 28 hours severely injured comedian Tracy Morgan during a truck accident. Unfortunately, truck accidents involving tired truckers remain common.What we did not mention in last week’s blog is that some health conditions are known to cause insomnia and excessive daytime drowsiness. The Centers for Disease Control and Prevention (CDC) statistics show millions of Americans suffer from obstructive sleep apnea, a condition that interrupts breathing during sleep. Sufferers of sleep apnea wake up several times each night and often experience excessive daytime drowsiness as a result. Sleep apnea is so incredibly common that chances are you personally know someone who suffers from the condition.According to the CDC, sufferers of sleep apnea experience difficulty concentrating, remembering information and driving. We have troubling news if you are reading this and thinking to yourself “that would be an awful mix of symptoms for commercial truck drivers.” Many commercial truck drivers may have sleep apnea. Research released by the American Academy of Sleep Medicine suggests 20 percent of commercial truck drivers suffer from the condition. Another study released by the Harvard School of Public Health argues commercial truck drivers are five times more likely to crash if they suffer from sleep apnea!You might be reading this and thinking, “there must be a rule that would bar these people from driving commercial trucks!”, and you would be wrong. While this condition can easily be tested for and treated among commercial truck drivers, it is not. The Federal Motor Carrier Safety Administration (FMCSA) has experienced difficulty instituting rules that would test and treat drivers for sleep apnea. Having sleep apnea would not necessarily bar commercial drivers from receiving a CDL (commercial driver’s license), but the rule would ensure that they were treated before driving trucks that weigh several tons.Not everyone who has sleep apnea is aware they suffer from the condition. However, in some cases, commercial truck drivers know they have sleep apnea and lie about it while applying for a commercial driver’s license. Some commercial carriers may also choose to test their drivers.

The Importance of a ‘Sleep Apnea Rule’ for Commercial Truck Drivers

The FMCSA has recognized the need for a rule that would test commercial drivers for sleep apnea. In 2012, the FMCSA attempted to set a body mass index (also known as ‘BMI’, a combination of height and weight) threshold where drivers would be tested for sleep apnea, but met resistance from trucking industry lobbyists and Congress. If the rule had been implemented, drivers with BMIs of over 35 would have been required to undergo mandatory sleep apnea testing. Obesity (a BMI over 30) is a major cause of sleep apnea.The FMCSA has recently announced it would like to revisit the possibility of a rule involving sleep apnea testing. Sleep apnea is treated with pressurized air devices (commonly called APAPs and CPAPs). Once drivers test positive for sleep apnea, they would simply undergo treatment and return to driving.The personal injury and truck accident attorneys at Mike Love & Associates, LLC will fight to hold negligent trucking companies accountable for causing accidents.

Why Truck Driver Fatigue Is a Threat to Public Safety

In 2014, comedian Tracy Morgan’s vehicle was struck by a Wal-Mart truck driver on the New Jersey turnpike. Morgan suffered a severe brain injury, and his friend and fellow comedian James McNair died. An investigation discovered the Wal-Mart driver had been awake for 28 hours and was speeding. The accident is a reminder that truck driver fatigue has become a major public safety issue.How dangerous is driving without sleep? Research published in the Archives of Internal Medicine discovered similarities between drowsy and drunk driving. Additional research carried out by researchers with the Queensland University of Technology in Australia argued being awake for 20 hours has comparable effects to a blood alcohol content (BAC) of .1, more than the .08 legal limit. According to the Centers for Disease Control, drivers with BACs of .1 experience delayed reaction times, slowed thinking and an impaired ability to maintain lane position and braking.Hours of service rules exist that are supposed to keep commercial truckers from driving for long periods of time without rest. However, some trucking companies may ask drivers to falsify hours of service logs. Accident investigations and lawsuits have found drivers also sometimes ignore these rules.

How Hours of Service Rules Prevent Drowsy Driving

Before being reversed by Congress as part of the 2015 budget deal, hours of service regulations required drivers to rest for 34 hours upon hitting 60 or 70 hours of driving within a week.Current hours of service rules prohibit commercial semi-truck drivers from driving more than 11 hours straight. Despite these rules, some truckers continue to drive well beyond the current caps.In 2014, an anonymous whistleblower claimed his trucking company required him to operate for 19 hours straight! Other crashes have occurred where it was discovered the driver had falsified their hours of service log books (these books are reviewed during inspections). In early 2014, a trucker killed an Illinois tollway worker and catastrophically injured a state trooper after working for 36 hours straight.Companies may turn a blind eye to falsified log books to make greater profits. If prior studies on drowsy and drunk driving are correct, these truckers are operating in a condition similar to being impaired by alcohol!As the former owner of a trucking company, attorney Mike Love has witnessed many companies in the industry ignore regulations that exist to keep the public safe. Falsifying hours of service logs is just one of several ways companies put profits before public safety. Future blog posts will discuss how some commercial truckers conceal evidence of dangerous health conditions like sleep apnea.The personal injury attorneys at Mike Love & Associates, LLC can help motorists who have been injured by negligent commercial carriers.