Archive for the ‘Truck Accident Law’ Category

Driving the Most Dangerous Part of America’s Jobs

Wednesday, October 12th, 2011

When most people think of on-the-job-injuries, they think of falls, working with heavy machinery, factory or construction site injuries, and even chemical spills and exposures. However, the single leading cause of work-related deaths is far more commonplace: motor vehicle accidents.

Over one-third of all work-related fatalities stem from motor vehicles. According to data kept by the U.S. Bureau of Labor Statistics, over 1,300 American workers are killed each year in highway crashes. Over 300 more American workers die each year in crashes that occur on company property, or non-highway roads. And nearly 350 American workers die each year when, as pedestrians, they are struck by cars and other vehicles.

This cost in human life is astounding – and these do not even include the thousands of U.S. workers injured or disabled by work-related motor-vehicle crashes each year.

Yet there is another level of cost, as well. Motor vehicle accidents cost American employers almost $60 billion each year. Each fatality, in addition to the very real personal costs, costs employers over a half a million dollars, while non-fatal motor vehicle injuries cost employers almost $75,000 each.

As our car accident attorneys know only too well, unlike other types of on-the-job injuries, motor vehicle accidents span nearly every job type and industry.

Lack of Regulation

Perhaps most obviously, professional drivers (such as bus or truck drivers) may be involved in on-the job crashes.  But nearly every other type of worker may, frequently or from time to time, driver a work-owned or personal vehicle for purposes of their employment. For example, workers may be sent to call on current or prospective customers or clients, may be asked to drive to purchase or obtain goods or supplies, or may be sent on other errands.

While bus and truck drivers are heavily regulated to prevent crashes, workers who drive smaller vehicles in the course of their employment need only have a valid personal driver’s license.

In this regulatory gap, employers can enact policies that will help reduce the risks for their employee drivers and the public. For example, employers can enact policies that aim to eliminate or reduce distracted driving, a principal roadway risk. Employers can prohibit workers from eating or drinking while driving, talking on cell phones, or texting.

Our car accident attorneys encourage all employers to enact such policies, and provide regular safe-driving training for all employees who drive on the job. In fact, the failure to adopt such policies, particularly when driving is a common part of some employees’ job duties, may well be negligent. If you have questions about how to draft or implement such policies, talk to a qualified attorney.

If you have any questions about a serious injury or wrongful death, 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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‘Understanding Distracted Driving’ Aims to Reduce Crashes

Tuesday, October 11th, 2011

distracted driving chart 300x224 Understanding Distracted Driving Aims to Reduce CrashesThe experienced car accident attorneys of Passen Law Group have frequently written about the dangers of distracted driving. Now, a new video series from the National Safety Council, based here in Illinois, aims to fight this problem with honest, straight-talk discussion of the risks.

See chart from The University of North Carolina Highway Safety Research Center addressing the types of distractions facing drivers.

Understanding Distracted Driving

The new series, titled “Understanding Distracted Driving,” is made up of a series of individual videos featuring NSC Senior Director of Transportation Initiatives, David Teater. But Teater is far more than just a talking head.

To the contrary, Teater knows only too well the true personal costs of distracted driving. Teater’s 12-year-old son was killed by a distracted driver in a tragic car crash.

In others, he answers typical questions about distracted driving, provides analysis on how cell phones can cause cognitive distractions, even when used hands-free, and provides advice on how companies can reduce the dangers of distracted driving for their employees.

There are a number of laws in place in Chicago and statewide which prohibit or limit distracted driving. Drivers are banned from using cell phones while driving in the city, for example. Likewise, throughout the state, cell phone use is banned in school zones and construction zones. Texting while driving is also banned, under any circumstances, statewide. And school bus drivers, as well as drivers under 19 years of age, may not use cell phones while driving.

But the reality is far more complex. Those who live or work in Chicago know that the law prohibiting cell phone use is honored more in the breach than in the observance. This is often the case as to the cell phone restrictions statewide, as well.

The true reality is that, while many now know of accidents caused by distracted driving, they do not believe it can happen to them. We urge all drivers to view the Understanding Distracted Driving video series, and to take its messages to heart.

We likewise urge those injured by distracted drivers to take action against the negligent drivers responsible for their injuries. While public awareness campaigns have failed, perhaps the risk of civil liability will succeed to deter drivers from these dangerous behaviors.

If you have any questions about a motor vehicle accident, 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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Action Needed On Trucking Underride Guards

Friday, September 2nd, 2011

trucking safety 300x209 Action Needed On Trucking Underride GuardsTrucking accidents are among the most dangerous and deadly of all collisions – particularly for the drivers and passengers of automobiles that collide with trucks. In fact, in 2009, 3,163 people died in large truck crashes in the United States, and 70 percent of those deaths were the drivers and passengers of cars, not trucks.

According to the National Highway Traffic Safety Administration, around 423 people die each year in the United States when, for various reasons, their vehicle strikes the rear end of a large truck. An additional 5,000 Americans are injured each year in such crashes.

One of the main reasons for deaths in such collisions is the problem of underride, or a portion of the car moving underneath the tractor-trailer. Only around 22 percent of such crashes do not result in underride. And in the vast majority of such crashes where a fatality occurs, there was severe underride – meaning that at least the front end of the vehicle slid underneath the truck.

But how can this occur? Shouldn’t the rear underride guard on these large trucks prevent underride, and thus prevent these deaths?

In fact, the Insurance Institute for Highway Safety has conducted crash testing on the underride guards on tractor-trailers. This testing demonstrated that these underride guards can fail, even in lower-speed crashes. And when a tractor-trailer’s underride guard fails, the results can be fatal.

That is why the IIHS is petitioning federal regulators at the NHTSA  to change the standards governing underride guards for tractor trailers. The experienced trucking accident attorneys of Passen Law Group believe  standards for undderide guards must be strong enough to keep these essential safety tools in place in a crash.

Moreover, all large trucks and trailers should be required to have an underride guards. Unfortunately, the current regulations allow many trucks to avoid installing undderride guards. And on the trucks that are exempt from the requirement of guards, any guard may be used: even a guard that does not comply with the already-lax federal standards.

The front end of a car is designed to manage crash energy to minimize injuries and deaths in a front-end collision. But when a vehicle crashes into a truck and underride occurs, the lower portion of the car, which is usually used to distribute that crash energy, moves underneath the truck, and the truck body smashes into the vehicles safety cage surrounding the passenger compartment. The passenger compartment then collapses.

Thus, even cars which receive top safety ratings can be of no use in a crash when underride occurs. Even low-speed crashes, which would otherwise be survivable, can be fatal if a truck has no underride guard, or if the guard fails. In fact, testing has shown that when a rear underride guard fails, crashes at as low as 35 miles per hour can result in the decapitation of the automobile’s driver and/or passengers.

And even the best of the current underride guards provide little protection if the collision is not centered on the rear of the truck – that is, if a car strikes the back of the truck but off to one side or the other.  The top tractor-trailer crash lawyers of Passen Law Group add our voice to that of the IIHS encourage the NHTSA to take action on this problem immediately.

To speak with one of Passen Law Group’s attorneys regarding a serious trucking accident,  call us at (312) 527-4500 or fill out a case evaluation form on our website.

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