Category: Truck Accidents

Aug 25, 2014 - Birmingham by Cross & Smith

A truck driver’s lack of sleep is blamed for a crash that critically injured comedian Tracy Morgan and killed another comedian in New Jersey. Authorities say the 35-year-old Georgia driver hadn’t slept for 24 hours before the crash, which occurred when he failed to stop for slowed traffic on the highway. Federal law limits driving to 11 hours in a 14-hour period, followed by 10 hours of rest, although the driver’s employer, Wal-Mart, insists he was operating within those guidelines. The truck was equipped with safety systems designed to slow the rig’s speed and notify the driver of stopped traffic ahead, but it’s unclear whether the technology was activated or that the system was operational at the time of the crash. Birmingham truck accident attorneys recognize that while this case is under investigation, truck driver fatigue continues to be a serious ongoing problem throughout the country despite recent legislation. Every year, truck crashes kill more than 5,000 people and injure nearly 150,000. And yet, just days before that deadly crash, the Senate Appropriations Committee moved to weaken safety rules pertaining to truck standards. Last summer, officials passed a number of “restart” regulations requiring truckers to rest for at least 34 straight hours from 1 a.m. to 5 a.m., prior to their next work week. The primary goal was to reduce the amount of driver fatigue. The new rules also limited the maximum work week from a maximum of 82 hours down to 70 hours, and drivers were also mandated to […]

Aug 12, 2014 - Truck Accidents by Cross & Smith

Our Birmingham truck accident lawyers recognize that many of these cases involve claims brought against the driver’s employer, usually for negligent training, negligent supervision, and violations of various standards set forth by the Federal Motor Carrier Safety Administration. These theories of liability ensure that trucking agencies will be held accountable when they hire drivers who aren’t qualified, don’t properly supervise them on the road, encourage overloaded vehicles, or push for drivers to work long, uninterrupted shifts to make delivery deadlines. All of these are often cited as contributing factors in tractor-trailer crashes. Since we are dealing with the responsibilities of an employer, employment law sometimes intersects with injury law in these cases. Usually, in order for an employer to be held accountable for a trucker’s negligent actions, it must first be established that an employer-employee relationship existed. In some instances, this is a straightforward matter. However, larger firms routinely contract with various trucking agencies to provide delivery services, and this can complicate matters where the injury case is concerned.   The recent case of Harris, et al. v. FedEx National LTL, Inc. is a prime example. This appeal stemmed from an earlier summary judgment in favor of FedEx, the firm that the plaintiff alleged was responsible for injuries sustained when a driver hauling FedEx goods slammed into them on a highway in Missouri. The 2/car-accidents/alabama-traffic-accidents-likely-to-increase-with-economic-recovery/ crash occurred when the commercial truck driver lost control of his rig on the interstate, resulting in the tractor-trailer blocking both lanes of the highway. Another driver […]

Jul 20, 2014 - Truck Accidents by Cross & Smith

The U.S. Department of Transportation took nearly 300 commercial truck drivers off the road in June for violating the Federal Motor Carrier Safety Administration’s drug and alcohol policies. The two-week enforcement blitz targeted motor carriers in violation of federal drug and alcohol testing requirements. In all, 128 companies face enforcement action. The feds were also looking to identify commercial bus and truck drivers who jump from carrier to carrier in order to avoid drug testing and reporting requirements. “All drivers and their passengers deserve to be confident that bus and truck drivers are safe and sober,” said U.S. Secretary of Transportation Ray LaHood. A total of 287 drivers face fines and may be barred from operating a commercial motor vehicle. A 2/car-accidents/alabama-traffic-accidents-likely-to-increase-with-economic-recovery/ study by FMCSA found drug use was the most common cause of trucking accidents — Prescription or illegal drug use was involved in 26 percent of trucking crashes.

Jun 10, 2014 - Birmingham by Cross & Smith

A truck driver’s lack of sleep is blamed for a crash that critically injured comedian Tracy Morgan and killed another comedian in New Jersey. Authorities say the 35-year-old Georgia driver hadn’t slept for 24 hours before the crash, which occurred when he failed to stop for slowed traffic on the highway. Federal law limits driving to 11 hours in a 14-hour period, followed by 10 hours of rest, although the driver’s employer, Wal-Mart, insists he was operating within those guidelines. The truck was equipped with safety systems designed to slow the rig’s speed and notify the driver of stopped traffic ahead, but it’s unclear whether the technology was activated or that the system was operational at the time of the crash.

Jun 3, 2014 - Truck Accidents by Cross & Smith

Every day, hundreds of thousands of large trucks traverse state lines to deliver cargo. When one of these vehicle is involved in a crash, it can raise a host of jurisdictional questions. The trucker could be from one state and the trucking company from another, while the accident occurred in a third state. There are even cases that are further complicated when an injured party is from yet another state. Tuscaloosa truck accident attorneys recognize that sorting through these jurisdictional issues is important not only for the purposes of deciding which court should hear them, as we recently discussed in the Alabama Supreme Court decision in Cruz v. J&W Enterprises, LLC. The question of jurisdiction can also have a great bearing on insurance issues. Basically, each state has differing requirements on what kinds of insurance must be carried and paid out and by whom.

Apr 29, 2014 - Truck Accidents by Cross & Smith

Recently in Auburn, one university student was seriously injured and another charged with DUI following a crash that occurred when several youth were riding in the bed of a pickup truck near South College Street. The 22-year-old student is expected to survive, but accident lawyers in Tuscaloosa recognize it as only the latest in a long string of Alabama injuries resulting from passengers riding in truck beds. It’s exactly this kind of incident that a recent Alabama state bill was poised to address. Alabama is one of only a handful of states that still allow people to legally ride in truck cargo beds. State lawmakers have been trying since 1998 to pass a provision that would prohibit this activity, but have so far been unsuccessful. Now, it seems the wait may be even longer, meaning we can expect to see even more injuries and deaths resulting from people riding in truck beds.

Apr 22, 2014 - Truck Accidents by Cross & Smith

A fiery, fatal crash involving a Fed-Ex truck and a tour bus carrying high school students has prompted at least one lawsuit so far and the launch of a federal investigation into safety regulations. Authorities are interested in learning whether more stringent laws regarding seat belts, fire suppression systems and better windows might have prevented the crash that left 10 dead in Northern California. Our Tuscaloosa injury lawyers know that the National Transportation Safety Board has long advocated such measures, but other federal agencies have been slow to heed that call. NTSB officials say that if there is anything to be gained from this tragedy, it could be a renewed sense of urgency in adopting safety measures to save lives.

Apr 3, 2014 - Birmingham by Cross & Smith

The Alabama Supreme Court recently denied a request for a change of venue in a truck accident case involving two commercial truck drivers who collided in Mobile County. In the lawsuit, Cruz v. J&W Enterprises, LLC, the defendant trucker and his employer requested that the case be moved from Clarke County to Mobile County, on the basis of forum non conveniens – or in other words, what is more convenient to the parties involved. As Birmingham truck accident lawyers, we recognize that many times, there is more than one appropriate venue, but in those cases, there must be sufficient grounds on which to justify a move before a court will approve it.

Jul 10, 2013 - Truck Accidents by Cross & Smith

A federal law that would increase weight and size limits for large commercial trucks is being opposed not only by road safety advocates but also by trucking professionals. Our Tuscaloosa truck accident lawyers understand that members with the Owner Operator Independent Drivers Association, or OOIDA, are urging lawmakers to reject HR612, which would allow bigger, heavier trucks on the highway. The trucking association said there is no reason to extend the limits beyond the current threshold. When Congress passed its two-year highway bill, the Moving Ahead for Progress in the 21st Century (or MAP-21), members rejected a clause that would have boosted size limits for tractor-trailers. It did however call for comprehensive research to be conducted concerning the effect of truck weight and size on freeway infrastructure, safety and the overall economy.

Jun 18, 2013 - Truck Accidents by Cross & Smith

The number of Tuscaloosa truck accidents will hopefully be reduced with the implementation of new hours-of-service regulations, effective July 1, 2013 and handed down by the Federal Motor Carrier Safety Administration. Unfortunately, many trucking companies, including the American Trucking Association, have opposed the regulations, saying it will cost them millions of dollars more than what the FMCSA has estimated. Just to implement the program, companies say, will cost them $320 million. The FMCSA, meanwhile, anticipates the industry will see a benefit of between $135 million and $300 million annually, due to a reduction in crashes, which result in loss of productivity, hefty insurance payouts and other expenses. The agency says the cost of implementation should only be about $200 per long-haul driver, with another $270 lost annually per driver in terms of productivity loss from fewer hours of drive time.