Truck Accident Lawyer Blog

Motorcycle enthusiasts Debra and David Carlson were both injured when a vehicle reportedly pulled out in front of their motorcycle on S.C. 90 in Horry County on November 11. Despite wearing a helmet, Mrs. Carlson suffered grievous injuries in the collision. Mrs. Carlson died Friday, November 21, after being removed from life support. The Carlsons had just returned from a funeral in New York and were travelling that day to visit friends whose son had recently died in an automobile collision. Mr. Carlson was also seriously injured in the collision and has undergone surgical repair of a broken pelvis. The Carlsons moved to South Carolina permanently in 2005 from the Buffalo, New York area. Mrs. Carlson was a retired dental assistant. Mr. Carlson is retired from a 26 year law enforcement career, most prominently punctuated by a high-profile incident while he was an Erie County sheriff’s deputy. Mr. Carlson was shot and a fellow deputy killed in the line of duty when serving a drug warrant in 1989.

Thanks to MyrtleBeachOnline.com and Buffalonews.com.

Continue reading "Longs, South Carolina Woman Succumbs to Injuries from Veterans Day Motorcycle Accident" »

I awoke this morning with devout thanksgiving for my friends, the old and the new.

Ralph Waldo Emerson

Here's wishing each of you a happy and safe Thanksgiving holiday. I am thankful everyday for the opportunities I have to do the work that I do. It is a rare privilege to be able to earn a living while at the same time helping people, and that is something I always remember. Best wishes!

The U.S. House of Representatives voted November 14 against spending our tax money on the Mexican trucker program. This time, the vote was to accept a compromise version of the Department of Transportation funding bill that included the prohibition. This is the same program I have written about before that would allow Mexican truckers to travel virtually anywhere in the United States, without complying with the same safety regulations as U.S. truckers. This is not a country-of-origin issue. It's a safety issue. The vote by the House (270 to147), showed strong bipartisan support for defeating the Mexican trucker program. The Senate is expected to vote this week on the conference report. Once passed, it goes to the President, who is threatening to veto the spending bill.

As I reported earlier, the Department of Transportation is pushing ahead with this program without regard for the majority in Congress or the driving public. The administration is trying to clear the way for unsafe Mexican trucks to have full access to all U.S. highways. That's not a good thing.

Thanks to the Truck Safety Coalition for some of this information.

Thousands and thousands of trucks are on the roads - every minute of every day. By some estimates, nearly one out of four of those trucks have safety violations. These safety violations put all of us at risk.

Wrecks involving tractor trailers are not just like any other motor vehicle accident. They are very different, and failing to recognize this can create huge problems for the injured person's legal claims. Truck accident cases are unique, insofar as there are special laws and regulations which come into play only when these large vehicles are involved. Those laws and regulations are designed to protect the traveling public. The problem is that the trucking companies ignore these safety rules all the time. Understanding exactly how these safety rules work, and how to shine light on exactly what led to a collision, is critical. In the aftermath of a tractor trailer accident, it is important to know exactly how to proceed - and to be fully prepared to act immediately.

Continue reading "Why All The Fuss About Tractor Trailer Wrecks?" »

Why all the emphasis on tractor trailer and truck accidents? The reason is simple. Relatively few passengers and drivers in four-wheeled cars and trucks survive when they are hit by 70,000 pound tractor trailers. Regular automobiles just aren’t designed to hold up after a collision involving a huge tractor trailer. Besides their sheer weight, big trucks become even more dangerous when one or more of the following is brought into the mix:

Tailgating

Failing to Properly Inspect Trucks

Jackknifing

Aggressive and Poorly-Trained Drivers

Speeding

Alcohol and Drug Abuse by Drivers

Illegal Driving Schedules Which Create Exhausted Drivers

Continue reading "Truck Accidents are a Serious Concern" »

A tractor trailer travelling from Charleston, South Carolina to Missouri struck a van carrying six prisoners from a work release program November 15. The van’s driver and all the passengers were transported to local hospitals. Except for one, all the prisoners were treated and released. The driver of the truck was treated for a broken finger as well as cuts and bruises. The prisoners were from Campbell Pre-Release Center in Columbia, South Carolina en route to a work release brush clearing project. The cause of the collision is still under investigation. Early reports indicated that the van was parked alongside the road, but later reports stated that both vehicles were travelling westbound at the time of the collision.

Thanks to TheState.com, GreenvilleOnline.com, WYFF4.com, and WIStv.com.

Continue reading "Tractor-Trailer Hits Prison Van on I-26, 8 Injured" »

The South Carolina Highway Patrol is closer to answering why a tour bus left I-26 in Dorchester County, South Carolina early Monday morning, crashing into the woods along the interstate. Late Monday, the Dorchester County Coroner’s Office released preliminary results indicating the driver, 58 year old George William Thomas of Hanahan, suffered a brain aneurysm and died of blunt trauma. This would appear to indicate that the aneurysm caused the driver to lose control, allowing the bus to veer off the road, striking trees. The bus left from St. Stephens en route to Miami, with about 50 passengers on board. 30 passengers were transported to Charleston area hospitals. Reports indicate that all are in stable condition. Passenger reports draw a vivid picture of the chaos at the scene as parents tried to find their children in the smoking wreckage of the bus. The bus company’s co-owner, Charlie Hill, stated that prior to this incident, his company, 5 Star Transportation, had a perfect safety record.

Thanks to TheState.com, WIStv.com, and the Charleston Post and Courier (Charleston.net).

Continue reading "Bus Runs Off I-26 Near Charleston: 1 Dead, 30 Injured" »

Most of the accounts on my blog involve the damage done by tractor-trailers, but truckers face dangers, too. Someone shot three tractor-trailers that were traveling on the same rural stretch of I-26 in Calhoun County, South Carolina on November 13.

The shootings occurred in the span of just a few minutes just after 7 p.m. Police believe all of the shots came from the vicinity of the same overpass near St. Matthews and reportedly have recovered cartridge casings. Two trucks were shot in the windshield, one other in the door. Thankfully, no serious injuries were reported.

The police face an uphill battle solving this crime. In the last two decades, there have been at least ten reported incidents such as this nationwide and most of these cases required a lucky break or a tip from family or friends before the police could zero in on a suspect. The notorious Ohio interstate sniper case in 2003, involving 12 shootings, was solved when a mentally disturbed man’s family turned in his pistol, which police then matched to bullet fragments. The Indiana I65/I-69 sniper was caught after an acquaintance told a police officer that a teenager he knew owned the same kind of gun. In Nevada in 1995, the man who shot six cars was arrested the dame day after being stopped for a broken taillight 300 miles away. And the sniper who shot into a Massachusetts school bus, killing a 14 year old girl was apprehended based on a tip from a criminal suspect in an unrelated case.

Truck driving is consistently on the list of ten most dangerous jobs in America, ahead of much more publicized jobs like policeman or firefighter. Worrying about snipers should not be added to the responsibilities of the person behind the wheel of an 80,000 pound vehicle. Let’s hope the police in Calhoun County catch a break soon.

Continue reading "South Carolina Shooter Targeting Truckers on I-26" »

A Simpsonville teenager faces possible charges in a two vehicle head-on collision on U.S. 29 in Anderson County. The eighteen year old driver, Thomas George of Simpsonville, reportedly was speeding and crossed the centerline in his Durango SUV, striking the GMC pickup driven by Bobby Joe Kirkum of Hartwell, Georgia. Mr. Kirkum was partially ejected from his truck, which was thrown from the roadway. Anderson County Coroner Greg Shore states Mr. Kirkum died of chest and neck trauma.

Continue reading "Fatal Wreck in Anderson County, South Carolina" »

Wendell Gregory, a thirty year old man from Beaufort, was charged with two felony DUI counts last week following a single car accident on St. Helena on August 25, 2007. Mr. Gregory was the driver of a Lincoln sedan that left the roadway and struck a tree. The car’s owner, Susan Fawcett of Lady’s Island, was a rear passenger in the wreck and died of her injuries at Beaufort Memorial Hospital. Another passenger, Michael Cohen, was also injured in the collision. The Highway Patrol has not released details of the incident.

The Beaufort Gazette reports that Mr. Gregory has been arrested 26 times just in Beaufort County and a SLED check revealed numerous convictions for driving and drug offenses. A recent inquiry indicates that Mr. Gregory is already out of jail on bond.

Continue reading "Beaufort, South Carolina Man Charged in Fatal Wreck" »

Kevin Marcus was nearing home on Sunday. His mother and next-door neighbor, Ruth, were his passengers in his Toyota Corolla. When they were almost home, they were struck from behind by a tractor trailer. The force of the collision slammed their car into the Volkswagen ahead of them, driven by Mr. Marcus’s roommate, Michael Diebold.

All three were taken to AnMed Medical Center, but Mr. Marcus died of his injuries shortly after arriving.

The driver of the tractor trailer was not injured.

Continue reading "Truck Accident on I-85 Kills Anderson Man " »

Today, I received an email from Katie, who comes from a family with three generations of owner-operators. Katie, quite naturally, sees things from the drivers' perspective. With Katie's permission, here are some of her comments:

Being around trucks for a good part of my life, I have plenty of FIRST HAND experience to tell you about how it REALLY is out on the road. Truckers work HARD, and they work so hard that get tired after countless hours of driving. So they want to pull over on a safe birm to get some sleep. But no, they can't, there are no parking signs on the side of the road, and they will get a fine. So they are forced to try to find the nearest truck stop ... possibly causing them to get into an accident or go off the road. Another point that I would like to make is that truckers have to pay road tax, as well as tax on their fuel. They have more of a right to be out on the road than any pedestrian in a four-wheeler. If truckers stopped for one day, the world would go crazy. There would be no gas, or fuel, no groceries, medicine, oxygen, hospital supplies, books, anything needed or not a necessity. You should thank them for risking THEIR lives everyday. People in cars act totally oblivious to trucks on the road. They simply don't see a 80,000 lbs tractor and trailer next to them when they side swipe them. They choose to go around them while making wide right hand turns, or they slam on their brakes at a just-turned yellow light, while the truck has a 80,000 lbs. jag to stop in seconds. It can't happen, they can't stop. Most truckers are the most respectful, down home, do anything for you kind of people. Truckers are only out there to make a living like everyone else, work hard, and keep America going. Remember "Without Truckers, America Stops"

Is it easy being a professional driver? No, it's not. It's incredibly tough. Even so, it is critically important that those in the business always remember to safely operate their 80,000 pound tractor-trailers for the very reason that Katie brings up. Big trucks just can't stop in a few seconds. I have a feeling that the drivers in Katie's family might just be some of the good guys. Let's hope and pray that they stay safe out there.

The Federal Motor Carrier Safety Administration (FMCSA) is pushing ahead with a program to install satellite tracking devices in tractor trailers that are participating in a test program. FMCSA's tracking system is a way to allow free access to U.S. highways by Mexican truckers.

In September, the Senate voted to prohibit spending on the test program, but the measure has not yet been passed by the full Congress. Despite the Senate's action, FMCSA is pushing forward. FMCSA is spending $367,000 to provide the devices to the trucking companies before any measure passes Congress.

Following the passage of NAFTA, trucks from the U.S. and Mexico were allowed to pass a short distance (about 20 miles in most areas) into each country to make deliveries more efficient. Trade groups have pushed for free travel, but safety advocates have expressed concerns over lax enforcement of safety regulations in Mexico.

FMCSA appears to be using the program to pacify the concerns over truck safety that prompted the Senate to take a stand against allowing Mexican truckers into the U.S. interior. The test program will pay for 100 devices to be given, apparently free of charge, to companies wishing to participate. What's in it for the big trucking companies? Quite simply, it means that Mexican drivers will gain access to the U.S. interior.

The problem is that FMCSA appears to be positioning to use the record of the test program volunteers to prove the safety of the industry as a whole. Of course, no one expects the companies with abysmal safety records to volunteer now. Instead, they can wait until the FMCSA declares the test program a success and access to our roads is granted to all Mexican truckers. FMCSA should stop wasting our tax dollars on a rigged test!

What I am opposed to are unsafe truckers. Unfortunately, the Mexican government has done far too little to enact and enforce safe trucking regulation. As a result, there is no incentive for most Mexican trucking companies to bring their drivers and trucks up to U.S. standards. Until FMCSA can honestly assure the American public that Mexican trucks are as safe as U.S. trucks, they have no business on our roads.

Continue reading "FMCSA is Racing to Complete a Test Program that Congress Wants to Prohibit" »