From a monitoring station in Peoria, Illinois, a large truck manufacturer says it can effectively prevent drowsy driving-related crashes.
Using advanced facial recognition software that is linked to dash-mounted cameras, operators at Caterpillar’s Sleep Fatigue Center can tell when drivers start to nod off or become distracted. Mike Hatfield, a Business Development Manager at Caterpillar, says that SFC operators also access the drivers’ schedules, to predict when their alertness levels will drop. Once the data is collected, safety advisers review it and then forward it to the client shipping company. The transportation company then takes action based on the results, which could involve more rest periods or a different shift schedule. [Read more…] about Are Large Trucks In Louisiana Equipped With Trans-Continental Alarm Clocks?
Truck Accidents
Moving Truck Liability In Louisiana
Summer is moving season for both military and civilian families, because new orders come in during these months and school is out of session, for most kids. Nationwide, about 65 percent of relocations occur between May and August.
The uptick in activity means that more rented vehicles, especially larger moving trucks from Ryder, U-Haul, and other companies, will be on the roads. These large vehicles are quite unwieldy, particularly when they are fully loaded, and inexperienced drivers often find it difficult to control them. Add the fact that many drivers are operating in unfamiliar new territory, and there are all the ingredients for a serious truck wreck. Is the rental company or other vehicle owner responsible for damages in these negligence cases?
The Graves Amendment
In the early 2000s, a number of states started passing very strict vicarious liability laws that made vehicle owners responsible for damages if their lessees caused car crashes. To protect this industry, Congress added 49 U.S.C. 30106 to the 2005 omnibus spending bill. Like many such add-ons, there is almost no legislative history in support of the so-called Graves Amendment, which bears the name of its sponsor.
Instead, there is only a blanket grant of immunity, which says that “An owner of a motor vehicle that rents or leases the vehicle to a person (or an affiliate of the owner) shall not be liable. . .for harm to persons or property that results or arises out of the use, operation, or possession of the vehicle during the period of the rental or lease.” A subsequent provision leaves open the possibility that some conflicting state laws may still be valid.
Bypassing the Graves Amendment
Under traditional negligent entrustment tort theory, vehicle owners are responsible if they allow unqualified drivers to operate their vehicles, and these operators subsequently cause car crashes. This analysis still applies to rented vehicles if:
- Trade or Business: Under Section (a)(1), the Graves Amendment only applies to firms that are in the “trade or business of renting or leasing motor vehicles.” This label arguably does not apply to U-Haul and other firms, because they are moving companies that happen to rent trucks on the side.
- Not Otherwise Negligent: According to Section (a)(2), the owner or affiliate must be free from “negligence or criminal wrongdoing.” Some courts have held that owners and affiliates have a duty to verify the drivers’ licenses of potential renters, and a poor driving record or an invalid license is evidence of negligence.
- State Financial Responsibility Law: Under relevant portions of Louisiana law, an owner or affiliate is liable for damages if the operator was uninsured. The same result arguably applies to underinsured motorists, although this theory has not been tested in court.
Damages in a car crash case typically include compensation for both economic damages, like lost wages, and noneconomic damages, including loss of consortium (companionship). Punitive damages are also available, in some cases.
Rental vehicle owners are liable for damages that lessees cause, in some cases. For a free consultation with an experienced Lake Charles personal injury attorney, contact Hoffhoss Devall. We do not charge upfront legal fees in these cases.
The Dangers of Overweight Trucks
At some point in our lives, we have all seen the “oversize load” or “wide load” signs on large trucks traveling on the roadways. Transportation of these loads is necessary for construction, manufacturing, and other industries. But, if the loads are not in compliance with weight limits imposed by the Federal Motor Carrier and Safety Administration (FMCSA), it can cause a serious risk to the truck driver and particularly to other motorists.
What Is Considered An Overweight Truck?
The maximum weight allowed on the roadways by federal law is 80,000 pounds. This includes the weight of the truck itself, so the cargo must be less than the maximum minus the truck weight. However, there is more to weight compliance than just the maximum weight allowed. The number of axles on the truck and how far apart they are spaced also limit the maximum amount of weight a truck can carry. While the formulas for determining maximum weight might seem complicated, there are numerous weigh stations where trucks can be inspected to ensure they are following federal regulations. It is the trucking companies’ responsibility to ensure their trucks are not overweight.
Dangers Of Overweight Trucks
Overweight trucks can cause devastating accidents in a variety of ways. Excessive weight makes trucks more difficult to control and take longer to come to a complete stop. Additionally, the weight can easily cause tire blowouts, which can cause total loss of control of the truck. Perhaps the greatest threat of overweight trucks is the increased likelihood of a truck rollover. Truck rollover occurs because extra weight moves a truck’s center of gravity, making it unstable. Rollovers can cause major accidents and devastating damage to other motorists on the roadway.
How Do Trucks Get Overloaded?
Because of their weight and size, trucks have the potential to cause more damage than other motor vehicles. Trucking companies have a responsibility to follow the safety guidelines imposed on them, but they do not always do so. In an effort to meet tight deadlines and cut costs, some companies may overload a truck, but this can have deadly consequences.
Louisiana Overweight Truck Accident Attorneys
If you or someone you love was injured in an accident with an overweight truck, you have the right to seek compensation for your injuries and hold the negligent parties responsible. Contact the experienced Lake Charles personal injury attorneys at Lee Hoffoss Injury Lawyers for a free consultation to discuss your case.
Sources:
http://ops.fhwa.dot.gov/Freight/sw/permit_report/index.htm
A Truck Accident Can Be Caused By Exceeding Weight Limits
Many Louisiana readers may be aware that the trucking industry is heavily regulated. One important regulation concerns how much weight a truck can carry. This is because exceeding weight limits can lead to a truck accident. Unfortunately, deadlines and the pressure to deliver cargo in a timely manner can cause trucking companies to ignore the weight restrictions and put innocent motorists and their passengers at risk.
When a truck is carrying more cargo than it should, it can take even longer to stop. However, that is not the only danger an overweight truck poses. If the cargo shifts, the truck can tip over or jackknife. Further, excess weight puts a strain on the mechanical and safety components of a truck such as the brakes.
If you or a member of your family were involved in a truck accident, it would be beneficial to enlist the services of a Louisiana attorney as soon as possible. Because of the complexity of these types of cases, it makes good sense to contact an attorney who is familiar with the regulations governing the trucking industry and truck accident cases. An independent investigation can be conducted in order to determine whether any state or federal regulations were violated that could have been a factor in the crash, including the weight of the truck.
Serious injuries can mean a long recovery during which you are incurring a significant amount of lost income, medical expenses and other damages. If you lost a loved one to a truck accident, the unexpected costs associated with laying a family member to rest are expensive. In addition, other economic losses may occur when a family member dies. Depending upon the gathered evidence, you may be entitled to restitution from the driver, the trucking company and possibly others. You are under no obligation to accept a settlement from anyone without first seeking your own counsel to evaluate the case, make recommendations and represent your best interests.
Were you Injured in a Truck Accident? Time is of the Essence
Louisiana drivers often find themselves sharing the highways and byways with mammoth 18-wheelers. If one of those large vehicles is involved in a crash, insurers and truck companies are quick to circle the wagons in order to minimize any claims for damages. Therefore, if you were injured in a truck accident, time is of the essence.
The trucking industry is governed by numerous federal regulations. Many accidents involving semi-trucks involve violations of these regulations. Of course, drivers are also required to follow the same traffic regulations that you do. Speeding, alcohol or drugs or distracted driving are all factors in many accidents.
Other factors include driver fatigue. Truck drivers are only allowed to drive for a certain number of hours before they are required to take mandatory rest periods, and as part of this regulation, they are also required to keep a log book. After a crash, it is imperative that the log book is examined.
In other cases, the truck may be overloaded, or the load may not be properly secured. These are just some of the factors that bear consideration. A thorough investigation is often needed in order to establish liability. The injuries suffered in crashes with 18-wheelers are often catastrophic, if not deadly, which often means that the financial impact on the victims is equally catastrophic.
For this reason, trucking companies and insurers will most likely contact their attorneys as quickly as possible. You should also contact an attorney as soon as possible after a truck accident in order to protect your rights and begin an investigation. Proving negligence to a Louisiana court could result in the restitution you need in order to defray the financial impact on your life.
Lawsuit Filed in the Aftermath of Cement Truck Accident
Companies in Louisiana are responsible for ensuring that their employees receive the proper training needed to safely use all equipment, including any large commercial vehicles that workers are required to drive in the course of their employment. When an employee is involved in an accident while driving one of the company’s commercial vehicles, one of the questions that will need answering is whether the driver received the proper training. In fact, this is one of the questions presented in a lawsuit filed by the victim of a cement truck accident.
Documents reveal that, on Oct. 24, 2014, the victim was traveling on Jefferson Davis Parkway in the southern part of Louisiana. Allegedly, the driver of a cement truck broadsided the plaintiff’s vehicle. The driver of the truck reportedly failed to maintain control of the vehicle. The accident occurred when the truck failed to remain in its lane. The lawsuit alleges that the driver’s employer did not provide the proper training needed to safely maneuver the cement truck on the state’s roadways.
The victim suffered injuries serious enough to require a surgical procedure. It is claimed that the victim suffered permanent injury and is disfigured as a result. Further, the injured driver sustained — and may continue to sustain — medical expenses, lost wages and a diminished earning capacity, among other damages. The court will be responsible for determining whether damages should be awarded to the plaintiff.
First, however, the court will ascertain whether the truck driver was negligent and caused or contributed to the injuries suffered by the plaintiff in this cement truck accident. A determination will also need to be made regarding whether the employer provided the driver with the appropriate training, as is alleged in the pleadings — even though an employer can be held liable for the actions of its employees without being negligent itself. If negligence is successfully established, the driver and the company by which the driver was employed may both be held liable for any damages awarded to the victim.