Archive for the ‘Truck Accident Law’ Category

Indiana Accident Highlights Underride Guard Issues

Tuesday, May 15th, 2012

This month, a gruesome trucking accident in Indiana highlighted the ongoing need for proper underride guards in the American trucking industry. Earlier this month, a pickup truck collided with the side of a commercial tanker truck making a left turn into traffic from a commercial driveway.

The pickup’s driver was then trapped in the pickup, which was crushed into the area under the tanker truck. He was stuck in the vehicle until emergency crews freed him some time later. Workers used an oversized, inflatable air bag to lift the tanker off of the pickup truck. This was possible because the tanker was empty at the time of the accident.

Fortunately, due to the low speed of the crash, the driver was not killed, and was even conscious when the emergency workers freed him. He suffered only several broken bones. The driver of the commercial tanker truck was not injured.

At higher speeds, however, underride accidents are generally far more disastrous, often involving amputations, decapitations and other fatalities. An underride accident is one in which a smaller vehicle moves partway or fully underneath the body of a commercial truck before coming to a stop. Although the most common underride accidents occur when a smaller vehicle rear-ends a truck, on city streets broadside underride accidents occur with reasonable frequency, as well.

Unfortunately, American regulators have failed to implement a simple device which can protect against this type of trucking accident – the underride guard. An underride guard attaches to and extends below the truck, preventing smaller vehicles from moving partially into the space underneath. To date, only a very few types of trucks are required to have underride guards in the U.S., and guards are required only on the rear of the truck, not the sides. And even for those truck types where guards are required, standards are lax.

The underride guard is a simple, relatively inexpensive piece of equipment. While it cannot prevent accidents, it can dramatically decrease the injuries sustained when an accident occurs, and dramatically increase the odds of survival for the drivers and passengers of smaller vehicles.

Our top trucking accident attorneys thus urge our regulators to move to require underride guards on all commercial tractor-trailer and tanker trucks, and to tighten standards on those guards that are used. In comparison to the cost of guards, the cost in damage and human life from the lack of guards is overwhelming.

But until our regulators act, the civil justice system will be there to encourage the trucking industry to take action on its own. If you or someone you love was injured in a trucking accident, and your car or part of your car entered the space under the truck, talk to an experienced trucking accident lawyer. Bringing a legal claim against those who caused your injuries, including those who failed to equip the truck with an underride guard, may force one company or the industry as a whole to take action to correct this dangerous condition. Your courage, and your actions, could save the lives of accident victims who come after you.

For a free consultation with an experienced Chicago trucking accident lawyer at Passen Law Group, call us at (312) 527-4500.

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Distracted Commercial Drivers Not Limited to Trucks

Monday, February 27th, 2012

The top truck accident attorneys of Passen Law Group have often written on the dangers of distracted driving. Distracted driving is a danger not only in casual, everyday drivers, but in commercial drivers, as well.

Truck drivers can cause distracted driving accidents in many ways: talking on cellphones, texting, using CB radios, adjusting radios and other music players, eating or drinking while driving, and many more. In fact, when people think of distracted commercial drivers causing accidents, they almost exclusively think of truck drivers.

Yet just as truck drivers are not the only type of commercial drivers, they are likewise no the only type of commercial drivers who cause accidents. One type of commercial driver often overlooked is bus drivers: both public transportation, private chartered buses and, yes, even school buses.

In fact, just weeks ago, a distracted driving accident in Bradenton, Florida demonstrated that school bus drivers, too, can cause such accidents.

The bus in question was carrying 40 students when it crashed into the back end of a large commercial semi truck. Twenty-two of the students, together with the bus driver himself, were injured in the crash and taken to area hospitals for treatment. The truck driver was unharmed and, mercifully, there were no fatalities.

The distracted driving behavior in this case was unique to school bus drivers. The driver, known to his students as “Mr. Charles,” was reprimanding a student at the time of the accident. In fact, he turned around to face the students, facing away from the road, while the threatened to write the student up for misbehavior, even brandishing the write-up pad at him.

Many students thus saw the truck before the bus hit it, and braced for impact prior to the collision. The driver, turned completely away from the road, had no such opportunity.

As a result, the bus continued moving even after it struck the truck, which failed to stop it. One of the students then attempted to brake the truck, which eventually came to rest around 500 yards from where it struck the truck.

Authorities are currently investigating the incident fully, although the cause of the accident is already well-established from the many student accounts. Our bus accident attorneys hope that all drivers take a lesson from this accident: buses are not immune from accidents, and under the right circumstances can cause just as much damage as commercial trucks.

For a free consultation with an experienced Chicago distracted driving lawyer at Passen Law Group, call us at (312) 527-4500.

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New Laws Take Effect in Illinois

Friday, January 6th, 2012

On January 1, 2012, 214 new laws went into effect in the state of Illinois. Most laws are highly industry-specific, and will have no bearing on real people or the way they live their lives. But a few govern each of us directly. Others will have a direct impact on our comfort and safety, even if they do not require us to change our lies or behaviors.

For example, one new law modifies Illinois’ seatbelt rules. Now, all passengers riding in the backseat of a car in Illinois are required to wear seatbelts. Our experienced Chicago car accident attorneys know firsthand the safety benefit to seatbelt usage, and are glad to see our lawmakers recognize this important safety measure.

Likewise affecting the daily life of ordinary citizens is the new law, HB S860, allowing motorcyclists to run red lights, if they have stopped and waited a “reasonable” period for the light to change. Although this law may increase convenience for riders, expect an increase in motorcycle accidents as a result. Governor Quinn unsuccessfully attempted to veto this questionable new law (his veto was overridden).

Other new laws which may affect you include:

• Bus Driver Drug and Alcohol Testing: Under HB 147/PA 97-0466, non-CDL holder school bus drivers can be given drug and alcohol testing if there is a reasonable suspicion of use. Other specific testing changes bring state law in line with federal law.

• Commercial Driver’s License (CDL) Medical Requirements: HB 1295/PA 97-0208 again brings Illinois in line with federal law, requiring a current medical certificate before a license is issued. Our trucking accident attorneys are pleased to see this important safety improvement.

• Financial Exploitation of Elders: Our Chicago elder abuse attorneys are pleased to report that HB 1689/PA 97-0482 makes the laws against financial exploitation of Illinois elders, and disabled persons, stricter, by lowering the financial value which will result in felony charges.

• Railroad First Aid Kits: HB 1573/PA 97-0374) requires all railroads to have first aid kits on hand when employees are on board, in the event of a train accident or other mishap.

• SIDS Training: HB 2099/PA 97-0083 mandates that all licensed child care facilities who care for infants and newborns must complete training, every 3 years, on SIDS, safe sleep, and SUID.

• Nursing Home Infectious Disease Control: HB 1096/PA 97-0107 puts procedures in place to prevent the spread of infections and disease in nursing homes.

• Medical Malpractice Information: HB 1476/PA 97-0449 provides greater public access to information about pending medical malpractice complaints or reports before the Illinois medical disciplinary board, and increases reporting requirements.

• Hotel Smoke Detectors: HB 1398/PA 97-0447 requires all hotels to place a smoke detector 15 feet or less from every room used for sleeping.

• Synthetic Cannabis: Our products liability attorneys have previously written about the dangers of synthetic cannabis, often marketed as “incense.” HB 2595/PA 97-0193 makes five different generically-defined classes of synthetic cannabinoids controlled substances.

• Truck Weight Restrictions: SB 1644/PA 97-0201 preempts local rules and makes truck weight and size limits entirely a matter of state law. Our trucking accident attorneys are disappointed to see the ability of local governments to keep roads safe from dangerous, oversized trucks removed.

If you have any questions about a serious personal injury or wrongful death matter, please give us a call us at 312-527-4500 or email us at info@passenlaw.com for a complimentary consultation. You can also learn more by following us on Twitter, reviewing our LinkedIn or Avvo.com pages, and by reviewing our website.

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