Florida Injury Attorney Blog

Plaintiffs in a wrongful death and personal injury lawsuit settled their case for $18 million after a jury found that the tractor trailer driver and trucking company were negligent in causing an accident that resulted in the death of four family members.  In Missouri in 2006, a 61 year old tractor trailer driver failed to stop his vehicle and slammed into a line of cars stopped on the highway tossing them aside and causing four deaths and many injuries, according to the article on Kansascity.com. 

Lawyers for the plaintiffs sued the tractor trailer driver for the deaths and injuries alleging that the tractor trailer driver was negligent for failing to stop and driving too many hours without taking the required time off to rest.  Lawyers for the plaintiffs also sued the trucking company that hired the driver alleging that the trucking company was negligent in hiring a driver that was not qualified to safely drive the tractor trailer.  Apparently, the tractor trailer driver had a prior conviction for reckless driving and speeding while driving a tractor trailer.  The tractor trailer driver also had health problems as he had a heart attack and stroke several years before the accident and also had non-insulin dependent diabetes.  On the date of the accident, the tractor trailer driver was also taking several prescription medications.  As a result of these aggravating factors, the lawyers for the plaintiffs were able to make a claim that the jury should award punitive damages against the company for their negligence in hiring that driver.  Punitive damages may be allowed in a case when the court initially, and then the jury, decide that the conduct of the defendant was so reckless and in disregard for the safety of others that the defendant should be punished financially as a result.  In other words, if the jury found that the trucking company was grossly negligent or reckless in hiring this driver to operate a tractor trailer and as a result, this injury and wrongful death accident occurred, the jury could decide to award a large amount in punitive damages against the defendant. Punitive damages in such cases can be awarded in the millions of dollars on top of the damages already awarded to compensate the plaintiffs for medical expenses, loss of companionship and support, pain and suffering, lost wages and other elements of damages depending on the type of case.  In this case however, the plaintiffs and defendants settled the case before the jury decided the issue of punitive damages.

Trucking companies have a duty to properly screen their applicants who seek jobs as tractor trailer drivers.  The companies are supposed to check their driving histories to make sure the applicants do not have any red flags, such as reckless driving or speeding in a tractor trailer convictions.  Trucking companies are also supposed to have a medical professional examine the applicant to make sure he or she is physically fit to drive.  A recent heart attack and stroke and taking various medications may be factors that disqualify a person from driving a tractor trailer for long periods of time.  Finally, truck drivers and companies are required to follow the rules limiting the number of hours a truck driver can drive and be on duty consecutively. When a truck driver drives over hours, he or she gets fatigued and is more likely to cause an injury accident.  In this case, it appears that those requirements were not followed.  As a result, a tragic accident occurred resulting in serious injuries and deaths, and the tractor trailer driver and his trucking company, or at least their insurance company, paid a price.

In Jacksonville, Duval County, Florida, a semi truck (or tractor trailer or 18 wheeler as they are often called) was involved in an accident when it overturned on State Road 9A earlier this week, according to a First Coast News article.  It does not appear that there were any serious injuries.

Rollover accidents, particularly those involving tractor trailers, are among the most serious in terms of causing injuries to the driver of the truck and others.  A National Highway Traffic Safety Administration report showed that a rollover occurred in 52% of the accidents where the driver was killed.  Additionally, a rollover was responsible for 95% of the accidents that resulted in hazardous materials spillage.

A researcher at Penn State University's Transportation Institute is of the opinion that economic pressures have forced the trucking industry to increase the size and weight of tractor trailers transporting materials across the United States.  As a result, these big trucks are more unstable and harder for the truck drivers to maneuver causing more rollover accidents.  The researcher believes the solution to the growing problem of truck rollovers is to install a computer mechanism into the truck which can measure the truck's acceleration and central gravity and make brake adjustments to prevent rollovers.  Nothing can completely eliminate the threat of rollovers for a semi truck (or any other vehicle), but similar mechanisms have been helpful in reducing rollovers in SUV's.

If you were involved in an accident with a semi truck, tractor trailer or 18 wheeler, as they are often called, and suffered an injury as a result of the accident, there is a good chance that you have a case and can make a claim to be compensated for your injuries. 

The first element of a case or lawsuit involving an accident with a big truck (or car or other vehicle) is whose fault the accident was, or in other words, who caused or contributed to the accident.  This can be a simple answer, such as when a person is hit from behind while lawfully stopped at a red light.  Or, it can be a very complicated issue, such as a large accident involving different vehicles, which is not uncommon when tractor trailers are involved in accidents.  Additionally, the issue of whose fault the accident was, commonly referred to as the liability phase of a lawsuit, is not always an all or nothing proposition.  For instance, if two vehicles were involved and each driver was partially at fault for the accident, a person who was injured in the accident can recover a reduced amount of his or her damages.  In a situation where Driver A was speeding and was injured in a crash when Driver B ran a stop sign, the two parties, or a jury, may find that each driver was 50% at fault for the accident.  In that case, Driver A may collect 50% of his or her damages from the accident.  In crashes where the fault is less obvious or where several vehicles were involved who contributed to the crash, an accident reconstructionist expert who is trained in figuring out how the crash occurred may be retained to reconstruct the crash and figure out how it happened and which drivers caused or contributed to the crash.  It is common to use an accident reconstructionist in tractor trailer accidents.

The second element of an accident case is damages.  There are several elements of damages in Florida including, but not limited to, loss of earnings (past wages), loss of ability to earn money in the future, physical and mental pain and suffering and past and future medical expenses.  If you were in an accident and feel that you were injured such that needed to go to the hospital, a doctor or chiropractor, there is a good chance that you have suffered damages under the law for which you can be compensated if they were caused by an accident that was caused or contributed to by another driver.  Some of these elements of damages, such as future medical and health care needs and future lost wages, are not easily determined and may require the analysis of an expert to calculate.

The third element of an accident case is insurance.  If you were in an accident that was clearly the other driver's fault and suffered serious injuries, it still may be difficult to collect compensation if the other driver either has no insurance or little insurance coverage.  This may not be a problem if your own insurance policy has uninsured/underinsured motorist coverage which protects you in a situation where you were injured by a driver with no or little insurance.  Additionally, you may also make a claim against the other driver's employer's insurance if the other driver was on the job at the time of the accident, and in Florida you can also make a claim against the other vehicle's owner's insurance policy.  In accidents with tractor trailers, insurance coverage is not as much of an issue since tractor trailers drivers and companies are required to carry a minimum amount of liability insurance for their drivers and trucks, as further detailed here.

There are several factors that determine whether you have a case after an accident.  Every case is different.  When a tractor trailer is involved, the issues can become more complicated but often in a way that ultimately makes it easier for you to be compensated for your injuries.  If you have been injured in an accident with another vehicle, particularly if it is a tractor trailer, it is important to contact a lawyer to determine if you have a case, and if so, to begin building that case as soon as possible.

The speed of tractor trailers driving on the roads in Canada may be limited by an on-board speed limiter device pursuant to a new law being proposed in Ontario, Canada.  In March of 2008, a bill was introduced in the Ontario, Canada legislature that would limit the maximum speed of big trucks operating in Ontario to 65 miles per hour. 

The speed limit law would work by requiring the installation of an electronic microchip into the engines of big trucks (or semi trucks, 18 wheelers or tractor trailers, as they are often called) which would prevent the truck's speed from exceeding 65 miles per hour.  The purpose for the proposed law is safety related as fewer speeding tractor trailers on the road would result in fewer and less serious accidents.  The speed limiters would also increase fuel efficiency and reduce harmful emissions into the environment. 

In a letter sent to the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration last year, the Insurance Institute for Highway Safety urged those organizations to grant petitions seeking a rule that would require large trucks in the United States to have similar devices that would limit their maximum speed to 68 miles per hour.  The Insurance Institute indicated that too many of these big trucks were speeding which was an important factor in causing serious injury accidents.  According to numerous studies, the rule limiting the speed of large trucks would reduce the number of truck crashes and associated injuries and deaths.  The Insurance Institute noted that many European countries, Japan and Australia already require the speed limiting devices on large trucks.

Limiting the maximum speed of large trucks on the roads in the United States would be an effective safety measure that would reduce accidents and resulting injuries.  Because of the tremendous size and weight of these tractor trailers creating the potential for significant damages and injuries after an accident coupled with the direct correlation between speed and occurrences of accidents, a rule limiting the speed of big trucks makes sense.  Not surprisingly, the public is in support of such a rule.  However, there are no rules currently in place in the United States to make the speed limiter devices a requirement.

Injury accidents involving any vehicles, but particularly trucks and tractor trailers driven by drivers who are fatigued due to lack of sleep, are not uncommon.  According to a recent study on sleep and American workers conducted by the National Sleep Foundation, American workers are suffering from a serious lack of sleep which is impacting them at work.

Of course, depending on the job duties a person has, the safety risk of a person working while fatigued can vary.  For drivers of 18 wheelers, semi trucks and tractor trailers, as they are often called, the risks of working while tired are extremely serious.  According to the study, approximately 70 million Americans have problems sleeping.  The study reported that almost three in ten workers had come to work very sleepy or even fallen asleep at work within the month prior to the study. 

Relevant to the trucking industry and other jobs that require employees to drive, the study found that 36% of the respondents had fallen asleep while they were driving.  The study concluded that there are several factors that contribute to this trend of fatigued workers.  Employees are working more due to increased pressure from employers.  One fourth of the respondents said they work between eight and nine hours a day, and another one fourth of the respondents said they work up to ten hours a day.  Notably, the current laws governing the number of hours a tractor trailer driver can drive without a break allow a truck driver to drive ten hours consecutively without a break.

One cause of lack of sleep and the resulting fatigue is sleep apnea which is a condition that causes people to stop breathing while sleeping which in turn forces the person to frequently wake up and prevents them from getting a good night's sleep.  Obesity is a common factor that contributes to sleep apnea.  Not surprisingly, the Federal Motor Carrier Safety Administration (FMCSA) which governs truck drivers and the trucking industry, is reviewing information about sleep apnea and considering requiring drivers of semi trucks/18 wheelers/tractor trailers to undergo a sleep study if their weight exceeds a certain level increasing their risk to sleep apnea.  Truck drivers with sleep apnea would have to get treatment and medical certification to be permitted to drive.

The regulations already require these commercial truck drivers to obtain medical certification that they are physically fit to safely drive their vehicles.  Sleep apnea does not disqualify a person from driving a tractor trailer for a living.  However, since lack of sleep and fatigue are major safety issues that can cause or contribute to injury accidents, it is a good idea that the existence of this condition and its effects are considered when evaluating whether a person should be driving a tractor trailer.  It would also likely benefit trucking companies as awake and alert drivers and employees would likely be more productive drivers and employees.

Two truck driving schools and a center that issues driver's licenses to tractor trailer drivers were raided by state and federal officials in February. According to those officials, they are investigating the truck driving schools and commercial driver's license center based on information received that truck drivers were issued commercial driver's licenses illegally without receiving the necessary training and education that would qualify the driver to safely drive a tractor trailer.

Drving a large truck, semi, 18 wheeler or tractor trailer, as they are often called, is much more involved than driving a regular car or truck. For that reason, before a person is allowed to drive a tractor trailer, he/she is required to obtain a special driver's license, called a commercial driver's license (CDL), and undergo the required training and education to learn how to safely drive a tractor trailer. Of course, obtaining a CDL is a minimum safety requirement and ideally, once the truck driver gets a job driving for a trucking company, he/she should get ongoing training and education to teach him/her about the many safety issues involved in drving a tractor trailer for a living.

If the information that prompted this investigation into the driving schools and licensing center is correct, what it means is that there are truck drivers on the roads who fraudulently obtained their commercial driver's licenses without first receiving the necessary training and education. According to the National Highway Traffic Safety Administration, large trucks make up 4% of all registered vehicles on the roads but are involved in 11% of all crashes resulting in a death. Clearly, this is a serious safety issue that, if true, will hopefully be corrected after a thorough investigation.

A tractor trailer driver crashed after driving the wrong way on a highway for approximately 20 minutes before hitting a concrete guard rail and exploding in Canada. The truck did make contact with several cars on the road but fortunately, none of the drivers of the cars were hurt. The article can be found here.

The crash was likely caused by the truck driver's medical condition that made it too dangerous for him to safely drive the tractor trailer. The driver was an insulin-dependent diabetic. According to witnesses, the truck driver appeared zoned out and angry with his head bobbing around and slumped down with his arms by his side. According to the truck driver's brother, he had seen the truck driver when he had gone into hypoglycemia, and the driver had been confused and sleepy.

Obviously, these symptoms that were attributed to this truck driver are all extremely dangerous for someone driving a tractor trailer on the roads. For that reason, the Federal Motor Carrier Safety Regulations, which were created to regulate the trucking industry in the United States, provide that a person shall not drive a tractor trailer or other commercial motor vehicle unless he/she is physically qualified to do so. Typically, a truck driver must be examined and approved by a medical professional before he/she starts driving a truck.

There are several medical conditions which disqualify a truck driver from driving under the regulations. One of those disqualifying conditions is diabetes which requires the use of insulin. So, according to the regulations in the United States, the driver in the article cited above should never have been behind the wheel of a tractor trailer because it was not medically safe for him to drive.