Top 4 reasons Truck Accident Claims are Tricky!

As a Memphis truck accident lawyer, I often see that truck accident victims have little idea how long and complicated the process of filing a claim can be. These claims can quickly become very complex, even when the accident seems like a simple and clear-cut case of negligence.

1. In an automobile accident, you are typically dealing with the other motorist or insurance company. Things tend to become very complicated- not to mention crowded – in case of a tractor trailer accident. That’s because these trucks are owned/operated by trucking companies, whose owners will immediately step in to minimize their liability after an accident.

2. It’s also important to understand that while it may be the first time you’ve been involved in an accident with a large truck, the trucking company has very likely had one or more of their drivers involved in such accidents. Companies also have access to extensive legal resources, and you can be sure their lawyers will begin to work to protect the company from liability as quickly as possible.

3. Filing a claim in a tractor trailer accident involves identifying the causes of the accident and determining where responsibility for these lie. This is where things begin to get extremely complicated. A tractor trailer accident could be caused by the negligence of the truck driver, malfunctioning of the truck, a dangerous road and other factors. There may be often more than a single factor involved in the crash, and therefore, there may be more than one party liable for damages. For instance, a malfunctioning truck could be the result of poor truck maintenance, placing the trucking company at liability. If an external maintenance company is responsible for maintenance and repairs, then that company could also be named in a claim.

4. A truck accident claim will involve an in-depth investigation including looking at the trucking history of the truck driver, his record of alcohol or substance abuse, truck maintenance records, the driver’s accident history, the company’s record of drug and alcohol testing, the driver’s log books to determine if he was driving beyond stipulated work hours, and several other factors.

A Memphis truck accident lawyer will be able to conduct the kind of extensive investigations that are necessary to identify the causes of the accident.

Be extra safe when driving around school buses and children

Now that school here in Memphis, and across the country, are back in full swing, a horrifying trend has emerged.

Since Monday morning of this week alone there have been car crashes involving school buses in Wallingford, CT; Las Vegas, NV; Wrentham, MA; Franklin City, VA; Truxton, NY; Newark, NJ; Belton, TX; Pensacola, FL; Houston, TX; Tullahoma, TN; Cullman, AL; Taunton, MA; Hughestown, PA; and Raleigh, NC.

Just this week a school bus was involved in a crash closer to home in Hernando, MS. And here in Memphis last week, a car hit a school bus head on, resulting in the death of the car’s driver.  Our office extends our condolences and sympathy to all affected by these awful turn of events.

We would like to remind all drivers to exercise the maximum amount of caution when near school buses – not only are they extremely large vehicles that can cause you and your car extensive damage, they are also frequently carrying the most precious of cargo.  Remember to stay back at least 100′ from the rear of the school bus (the average car length is about 17′, so this is a healthy six car lengths away!) to give you ample time for braking should they make a stop.

Keep in mind that school buses are required by law to stop at railroad tracks.  If a school bus is stopped to drop off or pick up a child, you are not permitted to pass, and cars coming toward the bus must stop as well to allow for the safe crossing of the children.

Basically, the school bus drivers are obligated to exercise extreme care while operating the bus and this may cause them to travel, turn, or stop more slowly and methodically than their four-door counterparts – breathe through any frustration or delays this may cause you, and show the same care as you navigate around them this school year!

Was that 18 Wheeler that hit you in violation of federal safety laws?

The American Association of Justice just released it’s report “Warning Safety Violation Ahead” that gives the latest information on 18-wheeler and semi-truck accident deaths and trucking company safety violations.

The report shows that in 2007 there were 149 deaths in accidents involving large trucks (this includes tractor trailers and 18-wheelers) in Tennessee. Although Mississippi reported less deaths from truck accidents than Tennessee, they still had 75 deaths from these wrecks.

These numbers are sobering for those who drive on our states interstates and highways. Even though large trucks make up only 4% of the vehicles on our roads, they are involved in 12% of all motor vehicle deaths.

Another area for concern is the number of motor carriers with federal safety violations. As of April 1, 2009 there were 423 trucking companies based in Tennessee who were found to be out of compliance with federal safety requirements.

The full searchable database can be found here.

Thanks to John Day and his post for pointing us to this information.

$30 Million Dollar Verdict for Teen

Jurors award a $30 Million verdict in DeSoto County, Mississippi for semi-truck accident victim!

Here is a synopsis of the story from the Memphis Commercial Appeal.

A DeSoto County Circuit Court jury on Friday awarded a $30 million judgment to a teenager who received permanent brain damage in a traffic collision three years ago.

Ethan Bryant spent eight months in a coma after a gravel truck plowed into the side of his pickup in August 2006 at Malone and Goodman roads in Southaven.

Attorneys representing the Bryant family, said the truck driver’s load was 20,000 pounds overweight and the driver had little experience.
“The jury held them accountable for hiring an unqualified driver,” said their attorney Paul Scott.

Bryant’s friend and passenger, Patrick Taylor, was killed in the collision. Both were 16-year-old students and athletes at Hernando High School.

The jury found that APAC-Tennessee Inc. — a road-paving company that hired gravel-truck driver Chad McCarty — was 70 percent responsible for the wreck.

The other 30 percent was split between McCarty and the company that loaded the gravel, which settled out of court.
McCarty pleaded guilty to manslaughter and aggravated assault and was put on 15 years probation.

Bryant, now 19, suffered a severe traumatic brain injury that left him incapable of living without help. His mother, Kateri Bryant, gave up her job to take care of her son.

“He requires 24-hour care,” said his dad, Carey Bryant. “It’s turned into my wife’s full-time job.”

He said the jury’s verdict was the first moment of justice he has felt in the past three years.

“I think the proudest moment we have was when all 12 jurors stood up and returned a verdict that APAC exercised extreme negligence,” he said. “DeSoto County residents spoke very loudly that these kind of trucking companies will not be tolerated.”

Circuit Court Judge Robert Chamberlin presided over the trial. Attorney Bill Luckett represented APAC-Tennessee.

How easy is it to be involved in a very bad car wreck?

It’s extremely easy. All it takes is a few seconds of looking around at the wrong time or simply not paying attention. It’s so easy my wife was almost involved in a very bad wreck yesterday.

Katie was driving home on I-55 near Senatobia. She had just picked up our two children who had been staying with their grandparents. As she came over a hill, driving nearly 70 mph, she had to slam on her brakes to avoid hitting a car that was stopped on the interstate. The car was stopped due to construction work, but because there was a hill blocking her view Katie had no idea of this.

Luckily she was able to avoid hitting the car in front of her. She told me that only moments earlier she had been looking in her rear view mirror to check on our baby boy, and if she would have been doing it five seconds later there would have been no way she could have avoided a horrible accident.

Katie was also lucky that the 18 wheeler that was behind her was able to swerve off the road to avoid rear ending her. This truck was also caught off guard and could have seriously injured or killed my family. I’m very grateful today that the driver of this truck was paying attention and alert. If not for this I could be sitting here right now in complete sorrow and shock. I thank God that I am not.

You never know what will happen on any given day or at any given time. But when you’re on the road please pay attention. Don’t text people. Don’t zone out. Don’t drive when exhausted or intoxicated. Yesterday my wife and the driver of the semi truck behind her were alert and attentitive. If either one would not have been things would be very different for me right now.

P.S. The reason why I practice law, and do the work I do, is to help people who arent’ as lucky as I am this morning. Somewhere there is a person who had a completely different outcome than me on this occasion. That is the person who needs help. I can’t fully understand the pain and hurt that they are going through. No one really can. But we simply listen and do the best we can.

Hundreds of tractor-trailer & bus companies shut down for safety violations

The United States has ordered hundreds of bus and tractor-trailer companies shut down because of serious safety violations, including not testing drivers for illegal drugs and using retreaded tires which are prone to blowouts.

According to a report by the Government Accountability Office many of the companies that have been shut down over the past two years pop up again under new company names but still have the same ownership, drivers and vehicles. The full story by the AP can be read here.

This report is particularly troublesome for those of us who drive in and around the Memphis, Tennessee and mid south areas. Memphis is a major hub for trucking companies and many trucks move through Interstate 240, I-55 and I-40 on their way to other destinations.

As my readers know, I seem to be a particular magnet for sem-trucks trying to run me off the road. This new report gives me extra reason to pay attention the next time I hit the highway.