Oklahoma City Personal Injury Lawyer - Tractor-Trailer Accidents

Marshall County Tractor-Trailer Accident Kills Three Oklahomans

Jeremy Thurman — Tue, 01 Dec 2009 11:48:30 GMT

According to newsok.com, a tragic tractor-trailer collision has taken the life of a man, woman and a 2-year-old boy. Apparently, these individuals died on a Marshall County highway Monday afternoon after a tractor-trailer rig slammed into their car near Kingston in southern Oklahoma.

According to the article

Erin Hudson, 31, and 2-year-old Paul Hudson, along with a 33-year-old man whose name hasn't been released, all died at the scene after the big rig slammed into the passenger side of the car, the Oklahoma Highway Patrol reported.

Investigators said the collision occurred at 12:49 p.m. after driver Erin Hudson failed to yield at a stop sign as she entered U.S. Highway 377 from State Highway 32.

This accident underscores the tragic consequences that can occur when a tractor-trailer collides with an automobile. Our prayers and sympathies are with the families of those lost.

Originally posted at InjuryBoard by Jeremy Thurman

Fatigued Driving - What the Average Motorist Should Look for on the Road

Jeremy Thurman — Wed, 14 Oct 2009 21:40:11 GMT

The Federal Motor Carrier Safety Administration (“FMCSA”) states that a

driver shall operate a commercial motor vehicle, and a motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle.

As an Oklahoma trucking lawyer, driver fatigue is something we immediately look at in every motor-carrier collision. While there are medical conditions and other aspects we can and will discuss in the future that can clue one into driver fatigue, I want to touch briefly on what you can look for in other motorist that might alert you that the driver is fatigued.

The main effect of fatigue is a progressive withdrawal of attention from the road and traffic demands, leading to impaired performance behind the wheel. Things you should look at in fellow motorist is erratic speeding, lane position weaving, tailgating, following too closely, unnecessary braking, failing to use turn signals and simply failing to devote one’s full time and attention to the roadway.

So next time you are driving our roadways, pay attention and be a cautious driver and alert to your surroundings.

Originally posted at InjuryBoard by Jeremy Thurman

Charges Filed in Will Rogers Turnpike Pileup that Killed 10

Jeremy Thurman — Tue, 22 Sep 2009 12:28:39 GMT

According to newsok.com the Ottawa County District attorney has filed negligent homicide charges against the driver of the semi. This is a sad situation where the semi driver apparently failed to devote his full time and attention to the roadway as collided with stalled traffic on the interstate. The most amazing thing is the article reports that the driver never even slowed down. As this matter is litigated I’m curious as to how the issue of fatigue will play in. In the coming days I will attempt to discuss areas in which truck drivers suffer fatigue and the devastating effects that can occur.

Originally posted at InjuryBoard by Jeremy Thurman

Moore Truck Driver Dies in Tulsa Accident

Jeremy Thurman — Thu, 13 Aug 2009 10:22:56 GMT

People often assume trucking lawyers are automatically against truck drivers and assume the worse. We discuss horror stories such as the devastating wreck that killed ten people on the Will Rogers Turnpike earlier this summer and wonder how someone driving a semi could be so careless. The reality is we use the wrecks to point out the dangers of negligent truck driving and warn the public and truck drivers alike of the dangers these 80,000 pound behemoths pose to motorists.

However, I wanted to use today to point out a story in which a truck driver appears to have done something truly heroic to save other motorists. According to the Norman Transcript Moore man driving a semi truck was killed in a traffic accident early Sunday morning in Tulsa. The article states that

Bruce Irvine Mathes, 54, was pronounced dead after being transported to Tulsa's St. Francis Hospital Sunday morning, according to the Oklahoma Highway Patrol.

Mathes was believed to be suffering from an unknown medical condition and lost consciousness as he was trying to pull the truck over, crashing it into a guard rail, the OHP report of the incident stated. At the time the truck was eastbound on Interstate 44 near U.S. Highway 75. The crash occurred at 1:21 a.m., the report stated.

Our prayers and thoughts go out to this man’s family. However, I wanted to point out that it appears the driver knew he ill and was attempt to save other motorist by pulling to the shoulder. I can’t state how smart and safe this act was. Many drivers might consider trying to make it to the next rest stop or next town. However, from this brief article it appears this man knew the dangers his truck posed on the highway and attempted to do the right thing.

Originally posted at InjuryBoard by Jeremy Thurman

Distracted Trucking

Jeremy Thurman — Wed, 05 Aug 2009 23:08:03 GMT

Distracted Trucking:

Accidents happen. No matter how careful you may be on the road there are no guarantees you won’t be involved in an accident. When a truck driver causes an accident the consequences are usually far more substantial than those between two passenger vehicles. Each year truck crashes kill over 5,000 people and injure approximately 150,000.

Many times, an accident happens because the trucker is distracted. There are several common culprits that distract truckers. Distracted trucking often results from: technology use (cell phone, dispatch device, laptop), drug and/or alcohol use, driver fatigue, and eating/drinking.

Distraction #1: Technology Use: Truckers often use technology devices while driving. These devices, including cell phones, laptops, and dispatch devices require truckers to take their eyes off the road. Whether they are looking to see who is calling, searching for something on their computer, or setting their CB channel, truckers must divert their attention. Although many drivers of passenger vehicles are also distracted by today’s technologies, these drivers are not hauling 50,000 pounds or more of freight.

Even a ringing cell phone can be a grave distraction. May 6, 2009, an Alabama truck driver was recently arrested on the grounds that his ringing cell phone caused three deaths and more than a dozen injuries to occur.

A study conducted by the Virginia Tech Transportation Institute placed video cameras in the cabs of long-haul trucks for a period of 18 months in order to determine how distracting “texting” is. The study found that when truckers texted, their risk for collision was 23 times greater than when they weren’t texting away. Moments before an accident occurred, drivers spent about five seconds looking at their mobile device. Considering the speed that cars travel on the highway, it’s enough time to cover the length of more than a football field. Also, the truckers that were recorded for the study knew they were being filmed, yet they continued to text.

In addition to cell phones, laptops can also distract truckers as they barrel down the road. February 10, 2009 a truck driver became distracted by his laptop while operating his 40-ton container trailer and he rear-ended a family, crushing them between two massive semis. The trucker is now being held responsible for six charges of death resulting from dangerous driving.

Not only are accidents caused by cell phone and laptop use, but they are also caused by trying to charge such devices. A truck driver attempting to charge his cell phone rammed into stopped traffic on an Indiana Toll Road and ended up killing 8 people.

Distraction #2: Drug and/or Alcohol Use: Driving while under the influence of drugs is and/or alcohol is a bad idea to begin with. However, driving a tractor with a massive amount of cargo is even more of a bad idea. Truck drivers have used amphetamines to combat symptoms of somnolence, as well as to increase their concentration while driving. Amphetamine use was especially prevalent prior President Reagan’s signing of the Executive Order 12564, which initiated mandatory random drug testing of all truck drivers. A recent study conducted by the Insurance Institute for Traffic Safety concluded that about 15% of truck drivers had marijuana in their systems, 12% had non-prescription stimulants in their systems, 5% had prescription stimulants in their systems and 2% had cocaine in their systems.

Distraction #3: Driver Fatigue: It goes without saying that a tired driver is not a safe driver. However, truckers justify their rationale to endure on several grounds: such as profits, returning home to spend time with family, and perhaps even the opportunity to avoid daytime traffic headaches. Yet, there are both federal and state regulations in place that set forth the maximum amount of hours that can be driven between mandatory rest periods. This regulatory scheme provides for regulation of the maximum amount of hours that a trucker can legally driver, requires truckers to provide a detailed log of the hours they’ve driven, and implements an auditing plan to assure logs are properly kept.

Distraction #4: Eating/Drinking: Truckers are sometimes required to take their meals on the road. However, this can serve as a distraction that causes accidents. Considering the fact that truckers are required to meet certain deadlines, they are typically required to take their meals while driving. Even taking a swig from a soda can lead to an accident. For example a semi-truck driver collided with a school bus because he was drinking from a soda can. Apparently, the trucker did not even apply his brakes before the crash occurred. As a result, at least 14 children and two adults were sent to the hospital.

Sometimes accidents are unavoidable. Yet, many result from negligence, which could have been avoided. When truckers are distracted the results can be devastating. When on the road, always be aware of potential distractions and their affect on your driving. Every driver encounters distractions. However, the way we deal with them defines our driving ability. Truckers must take even greater precautions as they travel down the road and they must exercise the utmost precaution in order to safeguard the lives of other motorists

Originally posted at InjuryBoard by Jeremy Thurman

Inattentive Driving Part Deux? North Texas Semi Accident Kills Three

Jeremy Thurman — Mon, 03 Aug 2009 22:29:17 GMT

Earlier today I posted on the northeast Oklahoma tractor-trailer accident that killed 10 people on June 26, 2009. I reported today that newsok.com is reporting that the investigation in the accident is pointing to driver inattention. Now, only few hours after making that post, newsok.com is reporting that 3 people are dead in a fiery accident just south of the Oklahoma border on I-35. The incident is eerily similar to the June 26, 2009 Oklahoma semi collision that killed ten people.

Is this another example of inattentive driving of a tractor-trailer resulting in the needless death of three people? I don’t know. However, similar to the Oklahoma accident, the initial reports are stating that the driver never slowed before crashing into the stalled traffic. The Associated Press article states that

A tractor-trailer slammed into backed-up traffic on Interstate 35 near the Texas-Oklahoma border Monday, killing three people and leaving the northbound lanes of the heavily traveled highway closed for most of the afternoon.

Trooper Mark Tackett said an 18-wheeler driven by James Crayton, 59, of Dallas, apparently never slowed before slamming into the rear car of the jam. That car, driven by Anthony Brandon with wife, Kimberly, as passenger, exploded on impact, killing both.

Our prayers and thoughts go to the families. It’s truly a sad day when anyone dies needlessly on our interstates.

Originally posted at InjuryBoard by Jeremy Thurman

Inattentive Driving - 10 People Dead in Oklahoma as a Result?

Jeremy Thurman — Mon, 03 Aug 2009 17:25:04 GMT

In June we published a series of blogs regarding a deadly chain reaction collision that killed 10 people on the Will Rogers Turnpike in northeast Oklahoma. The pictures and comments from the crash were horrific and stunned some of the most seasoned Oklahoma State Highway Patrol troopers and investigators. Newsok.com has reported a follow-up article today discussing the accident.

According to the article, inattention seems mainly to blame for the accident. Shortly after the collision, the 76 year-old driver gave confusing accounts of the accident to investigators. He asked a trooper

… if he had hit someone shortly after the crash… that vehicles had driven underneath him while he was parked"

The article further discusses that the investigation by the Oklahoma Highway Patrol found that

Creed had consistently been driving between 69.5 and 71 miles per hour in the 4.5 minutes just prior to the crash. The trooper also stated the truck left no skid marks, indicating no braking or evasive action prior to the first impact.

I suppose I could speak lawyerly and discuss statistics and Federal Motor Carrier Regulations on inattentive driving. However, in this post I do not feel compelled as the dangers of inattentive driving cannot be more graphically illustrated than by 10 funerals. 10 funerals that buried people of all ages and nationalities. 10 funerals where loved ones continue to grieve months later. Why did this happen? It seems senseless that these 10 lives were wasted due to someone forgetting they are driving a weapon.

Now to those reading this blog, it’s important to remember that you to are driving a weapon. It may not be an 80,000 lbs tractor trailer but it is still a deadly weapon. You are essentially carrying around a loaded gun with your hand on the trigger. Most likely, if you continue texting, calling, and putting makeup on and all the other distractions we see people doing on our daily commute, you too may be the cause of the death of another. It’s simply not worth it.

Originally posted at InjuryBoard by Jeremy Thurman

Truck Driver vs. Trucking Company - Who Is To Blame

Jeremy Thurman — Tue, 07 Jul 2009 11:24:18 GMT

I posted frequently the last month on the deadly nature of tractor-trailer accidents. The posts are meant to be informative and show the dangers of these sometimes 80,000 lbs behemoths as they travel our interstates and highways. I would be the first to say that most truck drivers are good honest hard working Americans simply attempting to provide for their family. There are exceptions to that rule when drivers are caught using drugs and alcohol in an accident but for the many miles driven on our roads, these truck drivers are simply trying to earn a living.

So you may be wondering what goes wrong? What causes these hard working Americans to sometimes push these death machines to their limit whether by speeding, inattentive driving and/or dangerous driving. I would unequivocally state that the vast majority of the time it’s the trucking company. See these truck drivers are not making millions of dollars and in fact many barely make the median incomes of their state. They are more often than not pushed to make absurd delivery times by their bosses which requires them to speed, drive over the legal limit of hours and do other things they wouldn’t normally do but for the overwhelming desire to put food in their families mouth.

After all this, you the reader may be wondering why is a trial lawyer seemingly defending truck drivers? I wouldn’t call it so much defending as its stating the realities of over the road truck drivers. These men and women don’t want to cause you harm but they are pushed to the brink by the companies.

I was talking recently to a tractor-trailer driver who pretty much stated what I did above. He mentioned that there have been times in his decade long career that he has been given delivery times that are unattainable but for him breaking the law. In every instance he was told by a company authoritative figure to make the delivery. This is the same man who told me a week ago he had less than $150.00 to feed his family for the next two weeks. Now tell me, is he going to make this run? The answer will usually be yes when you have mouths to feed.

Originally posted at InjuryBoard by Jeremy Thurman

Over 1000 People Have Died in Oklahoma From Truck-Related Accidents Since 2000

Jeremy Thurman — Tue, 07 Jul 2009 11:22:25 GMT

A recent Tulsa World article has done a thorough analysis of fatality tractor-trailer accidents in Oklahoma. According to the article

More than 1,000 people have died in some 14,000 truck-related accidents in Oklahoma since 2000. That includes 118 deaths in 2008 and 39 so far this year, said Capt. Craig Medcalf of the Oklahoma Highway Patrol. It also includes 66 deaths on I-40 and at least 36 on I-44.

Oklahoma County typically leads the state in the number of truck-related crashes, fatalities and injuries each year, with Tulsa County usually placing second in all three categories.

What can we learn from this article? I think first is you must remember that these 50000 lbs trucks crush you when they hit you. Getting hit by a semi does not result in a fender-bender. So remember, especially when you are on these high traffic corridors, pay special respect to these tractor-trailers. Give them room to move, stay a safe distance behind or to the side of these big rigs. I for one attempt to never travel at an equal speed while next to a tractor-trailer. I will purposefully get ahead (not in the same lane) and/or slow down and maintain a safe distance behind the semi.

I fully realize most people would tell me I’m stating the obvious. However, I can’t tell you how many people I see daily ignoring the deadly dangers of these trucks.

Originally posted at InjuryBoard by Jeremy Thurman

Truck Driver in Oklahoma Deadly Wreck Could Face Negligent Homicide Charges

Jeremy Thurman — Mon, 29 Jun 2009 14:52:43 GMT

This story keeps growing for those who have kept track of this catastrophic trucking collision that has thus far killed 10 people. Now newsok.com is reporting that the driver of the vehicle could face 10 counts of negligent homicide.

According to the website

District Attorney Eddie Wyant said that based on what he knows now about Friday’s crash on the Will Rogers Turnpike, the driver of the truck, Donald Creed, 76, of Willard, Mo., could face one count of negligent homicide for each of the 10 people killed in the crash.

Originally posted at InjuryBoard by Jeremy Thurman