Truck Accident Lawyer Blog

This one was just too strange not to pass along. On July 16, a tractor-trailer travelling too fast overturned on the ramp between I-85 and I-77 in Charlotte, North Carolina when the cargo shifted. Unfortunately, this happens all too frequently, which I recently commented on. Thankfully, in this case, the driver wasn’t seriously injured and no other vehicles were involved.

What was unusual was the cargo: $269,000 in bagged coins. After some of the bags containing the coins were transferred to another truck, workers lifted the trailer back onto its wheels. The side of the wrecked trailer then burst, spilling loose coins onto the shoulder. Witnesses reported seeing the workers on their hands and knees picking up the coins and placing them in a large cooler before transferring to the replacement truck.

Thanks to the Charlotte Observer for reporting.

Continue reading "Familiar Story of Truck Overturning on Interstate Ramp-With a Twi$t" »

Thankfully, no one was seriously injured in a July 16, 2008, collision between a CSX train and a big rig pulling an empty trailer. Witness statements indicate that the signals were flashing and the driver stopped, but then tried to beat the train. The train struck the trailer of the rig, which probably spared serious injuries. The truck driver told investigators he did not see the warnings or the train. The driver was cited for disregarding a railroad crossing signal. In addition to destroying the trailer, the collision damaged the crossing signal and caused electrical damage to the train.

Think about the last time you saw a truck try to accelerate from a stop or slow speed. Even with an empty trailer, trucks just aren’t designed for quick acceleration. That shows just how foolish it is for a tractor-trailer driver to try to speed up to beat a train. I’m not suggesting anyone should try to beat a train, just that a truck has a worse than average chance of succeeding at a foolish stunt like this.

Trying to beat a train endangers not only the life of the driver of the vehicle, it also endangers the lives of the train crew and of bystanders that could be struck by a derailed train or flying debris. Drivers of tractor trailers have a special responsibility to the motoring public due to the sheer size of the vehicle they are driving.

Thanks to the Newberry, SC, Observer for reporting.

Continue reading "Prosperity, South Carolina Truck vs. Train Collision" »

A seven-vehicle collision was touched off by a tractor-trailer plowing into the rear of an SUV on Interstate 40 east of Asheville, North Carolina on July 2nd. Westbound traffic had backed up due to a lane closure while crews trimmed trees beside the highway. The tractor-trailer slammed into a line of waiting cars pushing several cars aside, while pushing others ahead and even knocking one over onto its roof.

One child, Haiden Bailey, was a passenger in the fifth of seven vehicles. He died of his injuries Wednesday at an Asheville hospital. Sixteen other people were involved in the collision, eleven of whom were taken to hospitals. Several remain in critical condition.

The driver of the tractor-trailer, 59 year old Carroll Jett of West Virginia, was not injured. Jett apparently did not heed posted warnings to slow down that reportedly were posted up to one mile from the tree trimming. Charges have not yet been filed against Jett.

Thanks to the Citizen-Times for reporting on this tragic story.

Charlotte Fire Department’s HazMat team responded to a collision between a FedEx truck and another truck on Interstate 85 on June 27, 2008. After the FedEx truck was struck in the rear, a strange blue liquid was seen leaking from the rear door. The North Carolina Department of Transportation closed several lanes of northbound I-85 as the HazMat team worked to clean up the chemical.

Thanks to Charlotte.com for reporting.

Continue reading "Two-truck Collision in Charlotte, North Carolina Causes Chemical Spill" »

A heavy load may have contributed to a Berkeley County, SC accident involving a landscaping company worker on June 25, 2008. Tim Marshall was driving a one ton pickup truck, pulling forklift on a trailer, when wasn’t able to stop at a stop sign at Canady Branch Road and U.S. Highway 52 near Lake Marion. Reports indicate Mr. Marshall skidded past the stop sign and into U.S. 52. A tractor-trailer travelling west wasn’t able to stop before striking the driver’s side of the pickup truck. Although Mr. Marshall was conscious and able to speak to his wife at the scene, he died of his injuries from the collision. The driver of the 18 wheeler, Mark Eudy of North Carolina, was not charged in the collision.

Thanks to the Charleston, SC Post & Courier for reporting.

Continue reading "Lake Marion, SC Area Collision Claims Life of Driver" »

The South Carolina Highway Patrol continues to investigate a collision between a tractor trailer and a John Deere combine on Highway 178 in Lexington County on June 9. The combine was traveling east when its driver pulled over to let cars pass. The driver of a Freightliner rig attempted to pass, but struck the combine. The truck then left the roadway and slammed into trees. The truck caught fire and the driver did not escape. Authorities have not released the identity of the driver, but have stated he was a 44 year-old from Florence, SC. The Highway Patrol indicated the tractor trailer driver was driving too fast for conditions.

Drivers on rural highways should remember that in South Carolina and most other states, farming machinery may legally be driven on the roadways. Through summer and the fall harvest, you may expect to see more of these vehicles on the road. Extra care is required when you encounter these and other slow-moving vehicles because their size makes estimating their speed and your closing distance difficult. Farm implements may have projecting parts that are difficult to see, so give these farmers some extra room when passing.

Continue reading "Fatal Combine - Tractor Trailer Collision " »

On November 21, 2006, Daniel Becker and his mother, Pamela, were on their way from Mooresville, North Carolina to join family in Alabama for Thanksgiving. Around 10:30 p.m., as they passed through Oconee County, South Carolina, the driver of a northbound rig pulling two trailers lost control of his vehicle. The tractor and double trailers ran through the cable barrier and slammed into the Becker’s southbound vehicle, along with two other vehicles. Daniel, the seatbelted driver, died at the scene. His mother suffered a closed head injury, facial fractures, and multiple upper body fractures. She was airlifted to Greenville Memorial Hospital, but doctors there were ultimately unable to save her life.

The trucker claimed he started coughing and blacked out just before losing control. A subsequent investigation determined that in addition to driving in the rain at night, the driver had the vehicle on cruise control, had his CB radio on, and received two cell phone calls, including one by call waiting, shortly before the collision. Due to the differing accounts of the coughing episode the driver gave to medical personnel and law enforcement, Mr. Becker brought a lawsuit, alleging that distractions were the true cause of the collision. Mr. Becker also sued the trucking company, alleging negligent hiring, negligent supervision, and negligent entrustment of a dangerous instrument (the truck). There was evidence that the driver was suffering serious personal or medical problems that the company knew about and that allowing the driver to continue to control a tractor-trailer created an unreasonable risk of harm to the public. Mr. Becker pointed to recurring logbook violations, which the company is required to review, and to a preventable collision the driver was in just 11 days before the wreck that killed the Beckers.

Both parties hired numerous experts to review the facts and claims in the lawsuit, including experts on “cough syncope,” the driver’s alleged condition. The driver and trucking company settled the suit before trial for $7 million, with the added condition that the company hire an independent safety consultant to help the company implement safety policies covering existing drivers.

Continue reading "$7 Million Settlement for Victims of I-85 Truck Wreck" »

A new law in South Carolina allows those on motorcycles, bicycles, and mopeds to proceed through a red light after two full minutes of waiting. Under the new provision, the drivers of these vehicles may treat the red light as a stop sign after 120 seconds. The traffic lights in many urban areas are controlled by weight sensors under the blacktop. The sensors allow traffic on a dominant street to continue with a green light until a vehicle is sensed on the lesser-travelled street. The law was a response to motorcyclists who reported that the weight sensors often don’t register the weight of their vehicles, prompting extremely long waits or the need to run the light. South Carolina joined six other states on May 27, 2008, when Governor Sanford signed the bill. Thanks to WIS for reporting.

Continue reading "Motorcycles Get a Shorter Wait at S.C. Stoplights" »

A North Charleston mother and one of her twin 15 year-old daughters died recently following a collision with a cement truck on Interstate 26 near Summerville, South Carolina . The 15 year old, Marcushire Akabidavis, was driving, while her mother, Christina Akabidavis was in the front passenger seat of their Honda. Marcushire’s twin sister, Maurishire, was a rear seat passenger. Early reports indicate that the care abruptly changed lanes in front of a Redi-Mix truck, which then struck the car. The cement truck overturned on the car and concrete poured into the car. The partially hardened cement slowed the extraction of the victims, but does not appear to have caused their deaths. Maurishire Akabidavis is reportedly in critical condition at MUSC, while the truck driver was in good condition at Trident Hospital Monday night. Early indications are that the truck driver did not contribute to the collision. Thanks to the Charleston Post & Courier and WIS for reporting.

Continue reading "Charleston I-26 Collision Takes the Lives of Mother & Daughter" »