Shutdown Orders on Trucks and Trucking Companies

Not all trucking companies or commercial truckers are unsafe, but there are bad apples. Take, for example, the case of a Connecticut-based driver who crashed his truck while drunk and changing his pants. The trucker told police he had turned on the vehicle’s cruise control at 63 miles per hour, and then stood up to change his clothing. Police reported the man’s blood alcohol content was .209, or five times the allowed amount for commercial drivers. Trucking companies can also be dangerous. A trucking company in Georgia faces accusations of failing to comply with drug-testing regulations and of neglecting vehicle maintenance. They also hired unqualified drivers, one of whom crashed a vehicle here in Texas. This truck was carrying Takata airbag inflators as cargo. When the car crashed while taking a high-speed turn, the Takata airbag inflators caught fire. The resulting explosion leveled a house, killed the occupant, and caused extensive damage to several other nearby properties. Fortunately, the Federal Motor Carrier Safety Administration (FMCSA) can shut down unsafe trucking companies and drivers.

What Happens When the FMCSA Gives a Shutdown Order?

Commercial carriers who receive shutdown orders must halt all intrastate and interstate operations because they are a threat to public safety. The same goes for drivers.

• Trucking companies: Commercial carriers, or trucking companies, receive shutdown orders for failing to perform maintenance, hiring unqualified drivers, failing to monitor drivers for hours-of-service compliance, or failing to provide training. These companies may also fail to inspect equipment or perform background checks and drug tests on drivers. Generally, trucking companies receive shutdown orders for failing to comply with federal motor carrier regulations and for posing a threat to public safety.

• Truck drivers: Truck drivers receive shutdown orders for drug use, unsafe driving, ignoring hours of service rules, lacking qualifications, or violating other federal regulations.

Commercial carriers and drivers who violate shutdown orders can receive hefty civil and criminal penalties. These companies and drivers are a threat to public safety.

Why Are Shutdown Orders Good for Public Safety?

Shutdown orders exist for good reasons. They will not prevent all truck accidents, but they can reduce the overall number. There were 3,424 fatal truck accidents in 2014. Some of these accidents were caused by drivers who had violated federal safety regulations. One example is the crash that killed comedian James McNair and left famous entertainer Tracy Morgan with a brain injury. The Walmart driver responsible for the accident had been awake for more than 24 hours and was speeding. The Texas truck accident attorneys at Mike Love & Associates, LLC can hold negligent truckers and commercial carriers accountable for causing accidents.

Should Large Vehicles Use Speed Limiting Devices?

East Texas has experienced several truck accidents in recent weeks. Last week, a log truck rollover in Nacogdoches shut down part of Highway 7. In August, a tractor-trailer and two passenger vehicles were involved in a collision in Lufkin. Two people lost their lives. Recent news is a reminder that commercial vehicles can cause more destruction than passenger vehicles. Commercial drivers need to avoid speeding and other dangerous driving habits. However, commercial drivers are human beings, and therefore not immune to making mistakes. For this reason, federal regulators are emphasizing the use of new technologies to prevent these harmful behaviors. Speed-limiting devices might be one way to accomplish this goal.

Why The FMCSA and NHTSA Want Speed Limiting Devices

A proposed Federal Motor Carrier Safety Administration (FMCSA) and National Highway Traffic Safety Administration (NHTSA) rule would require speed-limiting devices on commercial and multipurpose vehicles weighing more than 26,000 pounds. This would include tractor-trailers, school buses, passenger buses, and other large vehicles. At the moment, the rule under consideration uses devices to cap maximum speeds at 60, 65, or 68 mph.

The FMCSA’s and NHTSA’s rule has been submitted to the Federal Register and will now be open to public comment until November 7th. Critics and proponents of the rule have already voiced their opinions through multiple press releases. We can learn quite a bit from what they are saying. U.S. Transportation Secretary Anthony Foxx claims that speed-limiting devices on large vehicles could serve an essential purpose. He claims it would save lives. NHTSA Administrator Mark Rosekind echoed these sentiments, saying that decreasing speed would reduce the impact force from collisions.

According to both Department of Transportation agencies, speed-limiting devices on vehicles weighing more than 26,000 pounds could save 27 to 498 lives every year. Both arguments also suggest that many people could be spared the hardships of living with disabilities from catastrophic injuries. Opposing the rule is the Owner-Operator Independent Drivers Association (OOIDA). According to OOIDA, the new rule would jeopardize the safety of all motorists by leading to speed differentials and road rage. The association claims that highways are safer when all vehicles are driving close to the same speed.

Where Do You Stand On This Issue?

Both sides make some interesting points. We know that speeding commercial trucks are more likely to experience rollovers, jackknifing, have less time to stop, and are much more likely to cause fatal collisions due to the massive impact force. On the other hand, road rage is dangerous and can cause accidents. People in a fit of road rage are much more likely to engage in dangerous maneuvers, such as leaving the highway to pass other vehicles or speeding. If it were up to you, would you want to implement a rule requiring speed-limiting devices on vehicles weighing more than 26,000 pounds? Keep up with the Texas truck accident attorneys at Mike Love & Associates, LLC on Facebook and share your thoughts.

Why Do Overloaded Trucks Cause Accidents?

Any commercial truck on the road poses increased danger to other motorists, but an overloaded truck presents additional hazards. The Federal Motor Carrier Safety Administration (FMCSA) imposes weight limits on trucking companies to prevent as many weight-related truck accidents as possible. According to the FMCSA, the weight limit for a commercial motor vehicle is a gross weight (truck and cargo) of no more than 80,000 pounds. Some trucking companies have been caught ignoring the rule in an attempt to boost productivity. In 2014, the Texas Department of Public Safety cited 61,184 drivers for operating overweight trucks. Overloaded trucks are responsible for hundreds of accidents on Texas roads every year. In 2011, 1,137 accidents on Texas highways were caused by overloaded trucks, in which four drivers died and another 30 were injured.

What Risks Do Overloaded Trucks Pose?

A commercial truck can easily weigh 20 or 30 times more than an average vehicle. That means that they cause significantly more damage upon impact. Other dangers associated with overloading include:

• Difficulty stopping – The increased weight means more mass to overcome. More mass means more momentum. More momentum means it could take much longer for an overweight truck to stop; too long to prevent a fatal car accident.

• Risk of breaking axles – The axles on a truck are rated to carry a certain weight. If the axles are overloaded, they could break. If the axle on a 100,000-pound rolling object breaks while it’s traveling 60 mph, that’s going to do some damage to any vehicles nearby.

• Instability and tip overs – Overweight trailers could also cause the truck and its cargo to fall over, potentially crushing cars passing by.

• Increased risk of dropping cargo – Falling debris is also a serious concern with overloaded trucks. When trucks are overloaded, it’s hard to ensure cargo is securely strapped.

What Can I Do If I’m Injured in an Overloaded Truck Accident?

If a trucking company asks its drivers to exceed regulations on weight, it may cause a serious accident. Truck drivers and companies have a responsibility to follow the rules and keep other people on the road safe. The vehicles they are driving are deadly and should be handled with caution. Depending on the circumstances of an accident, truckers and commercial carriers can be held liable when other drivers are injured or killed. Profits should never take precedence over other people's lives. Suppose you were injured because a trucking company valued productivity and profit over your safety. In that case, you should contact a personal injury attorney as soon as possible to discuss your legal options.

18-Wheeler Crash on Highway 59 North Takes Two Lives

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 on August 10th 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 also injured 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 before the driver lost 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 types of crashes are all too common on our nation’s roadways.  Many assume that a tire “blowout” is some freak accident that just ‘happens’ and can’t be prevented.  Nothing could be further from the truth.  Crashes caused by tire “blowouts”,  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 badly 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 18-wheeler tires you see on the side of the road.  Have you ever heard of a big wave of 18-wheeler 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 than passenger cars.  The average passenger car tire weighs about 20 pounds, while the average big truck tire weighs 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” is 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 damaged 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 required by law before every trip, the results can be absolutely tragic. 

Mike Love practices law in Lufkin, Texas, and is the founding partner with the law firm of Mike Love & Associates, LLC.  Much of Mike Love’s practice involves representing the victims of 18-wheeler crashes. He regularly speaks at legal seminars, providing continuing education to other attorneys relating to car and big truck crash litigation through the Texas Trial Lawyers Association and the Texas State Bar. If you are injured in a wreck with a commercial vehicle or 18-wheeler, contact Mike Love & Associates, LLC. We can help.