Over 500,000 Large Truck and Commercial Vehicles were involved in accidents in the United States in 2010. Over 100,000 people sustained serious injuries in those accidents. Tragically over 5000 people died in these accidents according to the Insurance Institute for Highway Safety. Semi trucks referred to as “80,000-pound unguided missiles” by Transportation Secretary Ray LaHood, present a significant danger to all drivers and passengers on highways and roads in America. These risks are greater when truck drivers involve themselves in distracted driving or drowsy driving.

There have been many reported accidents caused by a distracted truck driver. One tragic incident happened in 2010 in Hart County, Kentucky.  The use of a cell phone brought about tragedy for a family and friends in a van. The National Transportation Safety Board (NSTB) during the investigation of the fatal accident found out that the truck driver had used his cell phone 69 times in the 24-hour period before the accident. This includes one phone call at the time of the accident. NTSB concluded that a distraction caused by using a cell phone led to the fatal accident.

The NTSB recommended that cell phone use, including talking on both hand-held and hands-free technologies, be banned for commercial drivers excluding emergency situations. Since the NTSB do not have the power to implement the ban, its recommendation could be a spring board for federal rule-making agencies and state legislators to act.

Authorities are also trying to make sure that truck drivers get enough rest so they won’t be fatigued while at work. The Federal Motor Carrier Safety Administration (FMCSA) is in the final stage of changing the rules about hours-of-service regulations. At present, drivers have an allowable 11 driving hours in a day, changing this rule would limit drive time to 10 hours per day. The proposed rules mandate that drivers take at least 1 hour of break time during the day. Proposed modifications would also require drivers to include two overnight periods before their workweek would restart.

As a personal injury attorney, accidents involving semi trucks are often tragic and result in death, expensive medical bills or long-term rehabilitation. Both of these changes will defiantly save lives.

The National Transportation Safety Board (NTSB) recommended that government should ban truckers from using cell phones, either hand-held or with hand-free device while driving except for emergencies.

This statement was made after a Kentucky crash on March 26, 2010, when a truck driver, Kenneth Laymon for Hester Inc., crossed a 65-foot median on the Interstate 65, went through a cable barrier, and hit a passenger van carrying 12 people.  11 people were killed including Laymon. Investigators found out that Laymon had been talking on his mobile phone 69 times while driving, including 4 calls minutes before the fatal accident.

Due to the increase in the number of accidents over the recent years, NTSB has made recommendations to ban cell phone use involving commercial drivers.  It started in 2002 wherein an accident occurred and the Board released a statement that banned cell phone use by rookie drivers.  This same ban was pushed on bus drivers in year 2004.  In 2008, cell phone ban was placed on commercial railroad and marine transportation operators.  In 2010, commercial drivers are banned from texting while on the road.  Now, they are considering a ban on the country’s 3.7 million commercial drivers from talking on cell phones.

According to U.S. Transportation Secretary LaHood, “It’s just too dangerous.  It can be especially lethal when the distracted driver is at the wheel of a vehicle that weighs 40 tons and travels at highway speeds.”  He stated in the DOT Web site, “Every time a commercial truck or bus driver takes his or her eyes off the road to use a cell phone, even for a few seconds, the driver places everyone around them at risk.”

A legislative or regulatory ban on texting for all drivers has already been recommended in 2009 and all hand-held phones be banned for all drivers, including truck drivers in February this year.

There should be a federal law banning cell phone use for all drivers, Secretary LaHood adds.

I argue.  Trucks and other commercial are more difficult to stop and maneuver.  Your time to react takes longer.  Distractions such as cell phones have no place in commercial vehicles.  A ban on cell phone use will prevent serious injury truck accidents in Kentucky and across the United States.

Emergency lanes are for emergencies!  Emergency lanes are not to be used for:

• Your convenience.
• Backed up traffic
• Making up time when you are late
• Trying to get off the expressway more quickly
• Getting a Coke out of the cooler in your trunk when you are thirsty
• Getting to the next exit. 

Emergency lanes are to be used for emergencies. Using them for any other purpose could cause a tragedy. 

Why am I ranting about this?  My case manager told m about a little boy she saw on the side of the expressway Derby day. There was a car and truck accident on I-65 northbound in Louisville, Kentucky involving three cars and two tractor trailers on Derby day, Saturday, May 7, 2011.  This wreck occurred before the Derby and Animal Kingdom making his spectacular stretch run to victory. 

Unfortunately a young boy, who could not have been more than seven years old, was strapped on a back board with a neck collar on after being injured in the accident. He could not be transported or moved from the accident scene.  Why couldn’t he be moved? Why couldn’t the ambulance take him to the emergency room for treatment? The emergency lanes were filled with cars! They were not clear!  They were blocked! Traffic was backed up with cars trying to get to the next exit and around the vehicles while this young boy had to lay strapped down unable to move on a backboard.  Think of how scared this youngster was as he lay on the back board not knowing whether he was injured or not. 

Witnesses stated that an SUV was driving in an erratic manner and tried to pass a semi-truck.  The SUV then tried to go around a car and a mini van before it flipped over near the Phillips Lane exit.  Two semi trucks were also involved in this car and truck accident.  Unfortunately five people, four of them children were injured and had to be taken from the scene to the hospital.  Unfortunately, due to the traffic problems and the fact that I-65 North was shut down, the treatment for these injuries was delayed. The mental and emotional anguish was made worse. They had to wait until traffic cleared before they could be transported. 

What would have happened if these would have been life threatening injuries? What would have happened if time was of the essence with the injuries to be treated?  How will this traumatic event affect the growth of these children?  As a personal injury attorney I am always thinking of how events affect others. Hopefully all those who were injured will fully recover. This is an important reminder to us to use emergency lanes for true emergencies.  You never know when they will be needed for an ambulance to rush your daughter or husband to the hospital. When there is a serious injury time could be of the essence. Please don’t let your impatience be the cause of another tragedy.

About 10 percent of highway fatalities involved large trucks. Fatigue is considered as a major cause of highway fatalities involving these large trucks.  A recent government study states that in 13 percent of truck accidents, fatigue is considered as a factor. The government and other associations have been struggling to find a solution to this safety problem and to help prevent serious injuries and deaths from tuck accidents.

There is a proposal by the Department of Transportation to mandate electronic onboard recorders to track driver hours behind the wheel. Truck drivers and truck companies have different views on the issue. Can electronic onboard recorders solve the safety problem?

 When this proposal is made law, truck drivers will be required to have a high tech box hooked up to truck’s engine to automatically record driving hours. The device would be a new way to record how well truck drivers followed the federal limits on driving hours that exist to keep dangerous tired truckers off the road.

Since 1930s, driving restrictions have existed.  Drivers record their driving hours in daily log books. Truck drivers can work no more than a 14-hour stretch and only 11 hours can be driving hours. Safety advocates have debated that handwritten logs can be forged.

Advocates for Highway and Auto Safety in Washington, D.C. stress that tired truckers are a major, major safety problem. For more than 15 years, the group has been recommending to the government all truck drivers should be required to have electronic onboard recorders. Putting an electronic monitor in a truck can cost from $1,500 to $2,000.  Purchasing paper log books at truck stops are as low as $1.49.

The electronic device are becoming highly popular since aside from tracking driving hours, it can track a truck’s location and let dispatcher communicate with a driver. The multipurpose devices were designed to assist trucking companies in becoming more efficient.

Just this Month, the American Trucking Associations, which represents thousands of trucking companies, followed by the National Private Truck Council, have endorsed the federal government’s proposal to mandate electronic onboard recorders.

The addition of these black boxes to all tractor trailers can only make our Kentucky roads safer and prevent serious truck accidents. From my perspective as a Kentucky personal injury attorney $2,000.00 is money well spent if it prevents one life that could be loss in a catastrophic truck accident.

The Highway Hero Award was founded by Goodyear in 1983. The award recognizes professional truck drivers who perform life-saving rescues and roadside assistance to stranded motorists or those involved in a truck or a car accident. Often times these heroic deeds are left unnoticed. I applaud Goodyear for recognizing these heroes.

As a Kentucky personal injury attorney I speak to accident victims who could have used such a hero. Often times a witness leaving their name and phone number can make the difference in a successful outcome to their Kentucky automobile accident case. Last week I spoke with a lady who was hit by a car that ran a red light. Two people saw the accident and stopped to help. Unfortunately they left before the police arrived. Now the at-fault driver says that they had a green light. The case is a swearing contest. If the witnesses had left their contact information there would be no liability dispute. Simple heroic act can make a big difference in another’s life.

Here are the four professional truck drivers’ finalists for the 28^th annual Goodyear North America Highway Hero Award:

• Jaime Avitia, of El Paso, Texas is a driver for Stagecoach Cartage who witnessed a one-truck accident wherein the driver was in the back seat of the crew cab without a pulse. Avitia administered CPR until the man was revived.  He applied a towel and gauze to the man’s bleeding head and kept him comfortable. 
• Tilden Curl, of Olympia, Washington is a driver for Tecco Trucking who saved the life of a driver whose car went out of control and stopped on railroad tracks that run parallel to the highway. He was able to drag the driver out of the car seconds before a train collided with the vehicle.
• Bill Howard, of Litchfield, Nebraska is a driver for Howard Transportation who saw a car that crossed the center line and struck his rig.  He saved the life of a female driver who suffered life-threatening injuries, including a nearly severed arm, two broken legs and injuries to her face and head.  He kept her from bleeding to death until firefighters arrived.
• David Nelson, of Orlando, Florida is a driver for Werner Enterprises who was stopped by a woman who had just lost control of her vehicle and hit a road sign.  He found her 7-year-old daughter inside the car and not breathing.  He performed CPR until the child began breathing and emergency personnel arrived.

Joseph Copeland, the vice president for commercial tire systems for The Goodyear Tire & Rubber Company stated that these four individuals represent the thousands of professional truck drivers who work every day across North America. I applaud these brave American heroes who helped to rescue and save the lives of strangers who were in life-threatening peril. They all are winners in my opinion.

Journalists from the trucking industry are now voting on the finalists who will be announced and featured March 31 at the Mid-America Trucking Show in Louisville, Ky.  The winner will receive a $10,000 U.S. Savings Bond, a plaque and a specially designed ring.  The other finalists will receive a $5,000 U.S. Savings Bond and plaque.

            We all watched our televisions sets with horror and grief for the families of the victims in the Hart County truck accident earlier this year.  Could anything have been done to prevent this accident? This question has been on my mind since I saw the first news broadcast. As a personal injury attorney this question comes to mind every time I see an accident. 

We now know from federal investigation that it was a distracted truck driver that caused the accident. The truck went through the median and slammed into a van traveling in the opposite direction.  Fatigue may have been one of the factors. Distracted driving has also been suggested as a cause. 

Is it time for the trucking industry to get rid of the antiquated paper log.  Is it time to get rid of a system that is easily manipulated for profit by the trucking companies?  These logs can be and have been manipulated by the drivers on many occasions, allowing them to drive more hours than they should. 

There are now electronic logs that are available.  Trucking companies have different opinions on the effectiveness of electronic logs and whether money could be spent better in other areas to prevent crashes.

Ben Bauman, President and CEO of Bolt Express is all for the new federal rule mandating electronic onboard recorders for serious violators. Bolt has tested the system in five of their trucks and the majority of drivers like the system.

Doug Duncan, President and CEO (retired) of FedEx Freight has been a great supporter of electronic logs. He believes they are a way to boost efficiency and increase safety on our nation’s highways. FedEx Freight is in the process of implementing electronic on-board recorders in all its tractors. They will be operated through an on-board computer designed by the company and be part of a communication system.

Tom Voelkel, President and Chief Operating Officer of Dupre Logistics began testing electronic logs in the beginning of 2006. They were installed in its entire fleet in  2007. “The benefit most commonly reported by our drivers is the ease of using the system,” reports Voelkel. “Our professional drivers are happier because it allows them to focus on their driving without the many complications and wasted time of having to keep a paper log.”

Jim Burg, President and CEO of James Burg Trucking believes it is important to invest in safety. By doing this there will be less expense, fewer claims and a fewer number of accidents. Burg has already installed roll stability and lane departure warning technologies and video event recorders. Money invested in safety technology should be with proven safety benefits, such as forward-looking collision avoidance systems. Burg is not sure that electronic onboard recorders will automatically cut crash rates.

I believe that if these electronic logs are placed in all trucks throughout the United States that the percentages of truck accidents will go down. Fatal accidents occur on our roads almost daily. 10 percent of fatal accidents are caused by trucks nationally.  It’s time for the trucking industry to use the technology that is available and update their systems to make Kentucky highways safer for me and you. 

What does a personal injury attorney really do for you?  What do you get by hiring an attorney to represent you in your automobile or truck accident case in Kentucky?  There are hundreds of things I do for clients on a daily basis.  These range from basic filing and record collecting to interpretation and application of the law to the case at hand. I prepare clients to give statements. I obtain paperwork to send to the insurance company. I prepare forms. I am involved in negotiating settlements with the insurance adjuster.  I educate clients on the process involved in a personal injury case. I collect medical and employment records. The list goes on and on.

Let’s cut to the chase. What a personal injury attorney really does is take care of everything that happens behind the scenes so you can concentrate on what really matters in your case and that is getting well. You can go to the doctor and recover from your injuries. You don’t have to worry about dealing with the insurance adjuster. Your attorney is doing it for you.  While you are recovering your attorney is behind the scenes collecting information, doing the daily grunt work to get everything together to properly present your case to the insurance adjuster to maximize your potential settlement.  If the case is not able to b settled this ground work allows the case to be properly presented to a jury.

Many times you might be wondering what your personal injury attorney is really. Behind the scenes he is in the process of collecting and gathering information to properly present your accident claim.  So what a personal injury attorney really does is allow you the freedom to take care of your daily life to get better while he takes care of the technical aspects of your accident claim. This allows you to be fairly compensated for your injuries either through a settlement or through the litigation process. 

Here is what The Schafer Law Office will do for you if you are a Kentucky accident victim we represent:

• Educate them on the personal injury claims process and the litigation process.   
• Obtain all written records and documents that are needed to develop and support their claim. This includes, but is not limited to, medical records, the police report and employment records. 
• Conduct an investigation of the facts surrounding the accident. I will obtain witness statements, photographs, diagrams and other physical evidence. 
• Review your automobile insurance policy to determine what coverage is available to you to compensate you for your damages, like medical, hospital and wage loss benefits.  Additionally, uninsured/underinsured motorist coverage is looked at to see if they are applicable to your accident. 
• Review the medical records from your doctors and meet with them when necessary. This can be done in person or telephonically. 
• Retain experts and then obtain reports when needed to support your claim for damages and/or liability. 
• Analyze legal issues and advise on those issues as they arise in your case. 
• File the necessary forms with the at-fault insurance company and the clients own insurance company, including PIP applications. 
• Analyze your health insurance policy and/or governmental benefit plan (such as Medicare or Passport) to determine whether any money paid by that policy is required to be reimbursed. 
• Contact and maintain contact with the insurance company about your claim to help ensure adequate reserves are set aside for the potential settlement of your claim. 
• Conduct negotiations with the insurance adjuster in an attempt to settle your claim, before litigation.   
• When a lawsuit has to be filed, I will prepare and draft the Summons and Complaint to be filed in Court. 
• Confirm the address of the Defendant for personal service of the Summons and Complaint. 
• Draft written questions for information from the other side (called Interrogatories and Requests for Production of Documents). 
• I will help you respond to interrogatories sent by the defendant.                 
• I will prepare you for your deposition. 
• Prepare for and conduct the deposition of the Defendant and any other witnesses that are necessary. 
• Meet with your doctors to prepare for their deposition whether it is a defense deposition or their trial deposition. 
• Prepare and take the deposition of the Defendant’s experts, including medical experts. 
• Prepare you for a medical examination by the Defendant’s doctor, called an Independent medical Exam. 
• Review your medical records and billings. 
• Hire experts to support and prove your claim when necessary. These include other physicians, economists, engineers, vocational experts, etc. 
• Review and analyze expert reports about your case. 
• File all documents in Court as required by the Judge’s Trial Order, including witness lists, exhibit lists, trial memorandum, jury instructions, motions in limine, etc.   
• Meet with and prepare you and other witnesses for trial. 
• Create and prepare exhibits for trial. 
• Organize records and other documentary evidence intended to be introduced at trial. 
• Prepare for mediation when ordered by the Court or agreed to by the parties. 
• Research and write briefs and file motions with the Court when required.  
• Perform or participate in mock trials or focus groups to prepare for trial when deemed necessary. 
• Try the case before a judge or jury. 
• Write briefs or motions following the verdict to obtain post-trial relief, including motions for attorney fees, or to overturn the verdict. 
• Analyze the trial record to determine if an appeal is warranted (if the trial is a loss). 
• Research and write briefs and motions if appeal is filed. 
• Negotiate subrogation claims asserted by client’s insurance company or governmental agency that provided benefits to client.

We all mourned the tragic truck accident in Hart County that was among the nations deadliest in the last 20 years.  The investigation is showing the cause of this accident is due to distracted driving by the truck driver. Kentucky has enacted a law that prohibits texting while driving. This activity would now be a ticketed fine in Kentucky.  Is this really a sufficient deterrent? Should we go as far as Utah and make this an offense that would be considered a murder or manslaughter?  I believe this is something that should be considered.  What is the best way to prevent distracted driving and driver fatigue?

Kentucky drivers and trucks do not get along.  Almost nine percent of the fatal crashes that occurred in 2008 involved trucks.  These figures are consistent with nationwide statistics. This is of even greater concern when you consider that only about 4.6 percent of state’s registered vehicles are trucks.  This disparity in the number of fatal accidents caused by trucks as opposed to smaller vehicles is attributed to the difference in size and weight between large trucks and cars. This is according to the Insurance Institute for Highway Safety. 

Not everyone believes that trucks are more dangerous.  The American Trucking Association contends that trucks don’t cause a disportionate share of the fatal accidents when you take into account the hours and miles that a truck driver will spend on the road in any given day or week.  It is contended that the safety record for trucks is better now than it has ever been.         

I feel safe in saying that the March 26 accident in Hart County will lead to changes in Kentucky’s laws and how they affect trucks.  When a company is fined or has a history of violations, I believe Kentucky needs to be more stringent in its penalties in allowing these trucks on our roads.  We all know these vehicles are more dangerous.  We just have to figure out a better way to monitor them. 

In that vein, a new federal regulation was implemented last month. This regulation requires trucking companies that repeatedly violate driver time limits to install electronic recorders in their trucks. These recorders will keep track of how long a driver spends behind the wheel of a tractor-trailer.  This should be an important tool in preventing trucking companies from manipulating the system and forcing their drivers to log longer hours than they should. 

Interestingly, these monitors are not required for all trucking companies, but only those flagged during on site compliance reviews.  Those flagged are a very small percentage of the trucking companies in the United States.  Should these monitors prove to be effective maybe they will eventually be required on all trucks. 

In hindsight, Hester, the owner of the truck involved in the Hart County accident, had numerous violations. These violations were not found as part of an on site review. Consequently, the new regulation would not have required Hester to place these devices in their trucks. 

Another recent change requires some truck drivers to use electronic on board recorders to replace their paper log books, which were easily forged.  Under the new rule, a carrier must use the device if a compliance review finds that they have violated hours of service rules more than ten percent of the time.  What amazes me is that it is projected that 5,700 interstate carriers will have to use the device after the first year.  This tells me that forging time logs runs rampant and it is a major cause of driver fatigue and fatal automobile accidents that occur.

I hope these rules will make it harder for trucking companies to violate the time requirements for their drivers behind the wheel.  This in turn will keep driver fatigue to a minimum, prevent truck accidents and help keep our Kentucky roads safe.

            Governor Steve Beshear signed the Cell Phone Text Messaging Bill into law in Kentucky on April 25, 2010. It is about time. I hope this bill will have its intended impact and prevent serious automobile accidents caused by inattentive or distracted drivers. 

Under the new law, any driver under the age of 18 is prohibited from using a cell phone in any manner while driving.  This applies to an instruction permit, intermediate license or a full operator’s license.  There is one and only one exception to this.  That is to summon medical help, law enforcement or a public safety agency in the case of an emergency. 

            There are also provisions that relate to ALL drivers. Anyone who is operating a motor vehicle cannot write, send or read a text-based communication such as text message, instant message or electronic mail while operating a motor vehicle.  My understanding is that there will be warnings issued on violations until January 1, 2011. 

The fine for a first offense is a mere $25.00. Second offenders on up are fined $50.00 plus court costs. These fines appear to be a mere slap on the wrist. What if a bicycle accident victim is seriously injured or killed by someone who is texting while driving? Is a $25.00 fine going to send a message and act as a deterrent? I would propose much harsher penalties, maybe even prison time and a charge of manslaughter in extreme circumstances. Texting while driving is said to be more dangerous then drunk driving. The penalties should at least be the same!

            Two weeks after the Cell Phone Text Messaging Bill was signed into law I was traveling down I-64.  Ironically I was near the Frankfort, where the bill was signed and debated.  I was passed by a driver who had a laptop computer wedged between the passenger seat and the dashboard. The computer faced him and he was typing as he passed me going well over the speed limit!  I had a “Did I really just see that?” moment.

We really need to use some common sense when we are driving a car.  I believe the Text Messaging Bill is a good start; however, I don’t believe the penalties are harsh enough to have a real impact. It didn’t faze my friend with the computer wedged in his front seat.  Inattentive driving can cause can cause severe consequences, such as brain injury, paralysis or even death. 

There are efforts nationally, such as Oprah Winfrey’s “No Phone Zone.” This is a push to get teenage drivers to enter into a contract abstaining from texting while driving or even using a cell phone in the car.  What a great idea! My 16-year-old daughter helped to get signatures and pledges at her high school.  Her class was able to get over 100 students to sign a contract or pledge not to use a cell phone while driving. 

This is a good start but as I said, Kentucky needs to go further with penalties and enforcement.  For now, we’ll take what we have and hope that all Kentuckians use common sense to prevent serious motor vehicle accidents and fatal accidents on our roads.

The March 26th accident in Hart County, Kentucky is the second worst traffic accident in Kentucky history.  The worse occurred on May 14, 1988, when 27 people were killed in a bus crash caused by a drunk driver outside Carrollton, Kentucky. I was a young prosecutor at the time and was horrified by the accident. I still get a chill every time I drive pass the memorial sign on I-71.

       I would describe The Munfordville truck accident in the same one word: “horrific.” A semi truck traveling south in the early morning hours crossed the median, went through the cable barriers into the oncoming traffic and hit a van head on killing 10 of its passengers  The driver of the truck was also killed.  Several families and communities suffered great losses that morning. My heart goes out to them.

       The 10 people in the van were traveling from Marrowbone, Kentucky to Iowa for a wedding.  They were members of the Mennonite faith. As the grieving process continues with family, loved ones and communities touched by this tragedy are looking for an explanation as to why and how this happened.

       There have been some answers from this ongoing investigation of The National Transportation and Safety Board, who are investigating the crash.  The cable barriers were found to be properly installed and up to safety standards. Unfortunately there is little that can stop a truck loaded with auto parts. We know that there were no skid marks on the roadway. We can only guess as to why the driver of the tractor trailer did not brake.

       Information from The Federal Motor Carrier Safety Administration has identified the trucking company from Alabama involved in the accident as Hester. Hester has had a poor safety rating from federal regulators and repeatedly failed roadside inspections.  The FMCSA gave Hester a rating of 88.4 based on a review of inspection in February.  The scoring range goes from 1-100, 100 being the worst score. Any score of 75 or more is considered deficient.

       The truck involved in this tragedy had been cited with problems ranging from lights, brakes, and emergency equipment.  These problems were identified in six roadside inspections since 2008.  There have not been any citations issued in 2009 or so far in 2010.

       A spokesman for the American Trucking Association said that based on the safety score the trucking company should not have been in operation. I will look with interest as the NTSB goes through their investigation. What will the driver’s log show? Was the vehicle in proper working order? Was there brake failure?  These are questions that any truck accident attorney would be interested in pursuing a wrongful death claim, as well as family and friends who are looking for answers. Although there is nothing that can be done to reverse this tragedy I hope the parties who are responsible will be held accountable. Based on the track record of Hester there is a good chance this accident could have been avoided.