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What Every Driver Should Know about Semi-Truck “Black Boxes”

If you are involved in a trucking accident, certain types of evidence will be critical to proving negligent conduct by the commercial carrier, trucking company, independent maintenance company, or other parties. The truck’s event data recorder (EDR) often constitutes one of the most critical sources of evidence in trucking accident lawsuits. These data recorders (also referred to as “black boxes”) are much like the black box on a commercial airline, so it can be used to determine events that occur immediately prior to a crash to facilitate analysis of the cause of a crash. Because the evidence obtained from an EDR typically has a significant impact on the outcome of a trucking accident claim, this blog answers common questions about this form of evidence in trucking cases.

What is a “black box”?

These devices record data from a motor vehicle prior to and/or during a collision. Law enforcement and regulatory investigators can download this information from the device’s memory to assist in interpreting the accident, evaluating the performance of safety equipment, and determining fault. Many EDRs record data transmitted by the engine control module regarding pre-crash speed, application of brakes, number of impacts, time between impacts, seat belt and air bag performance, speed immediately prior to impact, and throttle position.

Are EDRs mandatory for large trucks?

Vehicles with a weight rating higher than 8,500 pounds are exempt from regulations promulgated by the National Highway Traffic Safety Administration (NHTSA) regarding EDRs. However, many commercial carriers install both data recorders and video inside a semi-truck because the trucking company can use this equipment to improve fuel efficiency, monitor excessive speeds, identify improper routes, defend against lawsuits, and monitor other misuse of fleet vehicles.

There are even more advanced EDRs capable of recording more detailed information. The NHTSA mandates that these more sophisticated recorders store data on driver steering input, activation of electronic stability control (ESC) systems, occupant size, occupant position, and engagement of antilock brakes.

Even when data recorders are not installed, many heavy trucks are equipped with engine recorders. The information recorded by these devices is not nearly as extensive as that recorded by an EDR, but the information can still be critical to a semi-truck accident claim. This more limited information typically includes engine fault codes, hard braking, and the last time the vehicle engine was switched off or the vehicle stopped.

Can EDR data be used in civil or criminal litigation?

Information obtained from an EDR can be extremely helpful during both civil and criminal proceeding following a tractor-trailer collision. When our Mississippi trucking accident attorneys work with accident reconstruction experts, the data from a “black box” can be critical in confirming theories of liability, exposing misrepresentations about the truck’s location or hours of service, and furnishing evidence of liability not available through other sources. State law will dictate when the data can be introduced as evidence in a civil lawsuit.

Must the trucking company preserve data recorded by a large truck’s EDR?

EDRs typically have the ability to record for 30 days or some other period before the device will begin recording over existing data, but older units might have far less recording capacity. Once the recording capacity has been exhausted, the device will begin recording over stored data.

Further, some states have passed laws designating that the data is the property of the trucking company. This means that the trucking company might have the right to destroy the information in the wake of a collision unless legal steps are taken to prevent the commercial carrier from conveniently erasing the information.

Depending on the state, a restraining order might be necessary to ensure preservation of the data. Another option involves a trucking accident attorney sending a letter to the trucking company indicating that the information stored in the EDR is the subject of litigation, so it must be preserved. This form of correspondence, which is referred to as a “spoliation letter,” can expose the trucking company to sanctions from the court if the information is altered or lost. These sanctions might result in an attorney fee award or sanctions like an instruction to the jury that the lost information should be presumed to be favorable to the plaintiff.

While law firms representing injury victims must act promptly to preserve “black box” data, this issue can be complicated based on the jurisdiction where the case is being litigated. The Federal Rules of Civil Procedure and many states impose requirements for the preservation of electronic data.

How can an EDR be used in a trucking accident lawsuits to prove liability?

There is a multitude of ways that this evidence could be useful, but a few examples are provided below:

  • Contradicting distorted entries regarding hours of service in a driver’s logbook
  • Confirming witness testimony that the truck was speeding
  • Verifying that the truck driver did not apply the brakes prior to rear-ending another vehicle
  • Disputing the claim the tractor-trailer was at another location at the time of the collision
  • Exposing neglected maintenance and related failure of the brakes or other vehicle systems

If you have been injured in a tractor-trailer accident in Jacksonville or the surrounding areas, our Mississippi Trucking Accident Lawyers have successfully represented many victims of negligent commercial drivers and trucking companies in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

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Progress in Medical Certification of Truck Drivers Making Roads Safer

Our trucking accident attorneys recognize the importance of ensuring that commercial truck drivers are medically fit to operate tractor-trailers, which can weigh as much as 25 times more than a passenger car. While federal law has long required medical certificates confirming that a truck driver is medically fit as a condition of keeping a Commercial Driver’s License (CDL), this safety requirement offered limited comfort until recently because no significant standards were imposed for who could sign off on the driver’s fitness. However, changes in recent times by federal regulators to impose standards on who can certify a commercial driver as medically fit promise safer Mississippi roadways.

The benefits of this change in trucking safety regulations are worth revisiting because of the potential impact on roadway safety. Until the recent change, drivers could seek medical certification from virtually any individual within the medical field including a nurse practitioner or chiropractor. Further, there were no standards in terms of how the examination should be conducted nor what types of impairments or conditions would be found to disqualify a truck driver.

A 2008 congressional investigation revealed the even more troubling finding that a third of all medical certificates reviewed by law enforcement during vehicle stops could not be confirmed as authentic or accurate. The person who signed off on the inspection either did not exist or would not confirm ever conducting an examination. The process was so informal that there was nothing to prevent truck drivers from copying the name, contact information, and medical license number of a doctor off the web to falsify the form. Since the forms were rarely verified, truck drivers could engage in this form of fraud with little risk of being detected.

The danger posed by having a truck driver on the road who suffers from a serious medical condition can hardly be understated. Because of the average age of truck drivers and the amount of time they spend engaged in the sedentary activity of driving, there is a high prevalence of obesity-related health conditions in the trucking industry, such as sleep apnea and diabetes, which can render a truck driver unconscious. A University of Pennsylvania study found that 28 percent of truck drivers suffer from sleep apnea. The seriousness of the problem was revealed by the fact that the congressional investigation referenced above found that 560,000 truck drivers were receiving full medical disability benefits.

Prior to the changes, there was no electronic data base where the certificates could be reviewed, so law enforcement officers were required to rely on paper forms produced by the truck driver. The lack of a computerized system left law enforcement officers without a way to verify that the medical certification was valid. Even if an officer attempted to contact the doctor who signed the certificate, medical privacy laws prevented the medical professional from disclosing information about the driver’s medical condition without a signed waiver.

Fortunately, changes have targeted medically unfit truck drivers. In December 2008, a federal law was passed requiring all states to merge medical certificates and commercial driver’s licenses into a single electronic record for each driver, but states were given three years to comply with this requirement.

Arguably, the most significant change was implemented in May of 2014 when drivers were compelled to have their medical examination performed by a qualified health professional listed with the National Registry of Certified Medical Examiners. The law imposed standards for training and testing of medical professionals seeking to qualify for the registry. The US DOT medical examination was also defined to include health conditions that affect driver safety-related to respiratory and muscular functions, vision, hearing, and cardiovascular disease. Because the prospect of an 80,000 pound tractor-trailer combination being driven by a medically compromised driver is a terrifying prospect, these changes are generally welcomed by the commercial trucking safety.

If you have been injured in a tractor-trailer accident in Jacksonville or the surrounding areas, our Mississippi Trucking Accident Lawyers have successfully represented many big-rig collision victims in obtaining compensation for their injuries. At Barrett Law, we are here to help. Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

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Mississippi Trucking Accidents: Negligent Selection and Hiring

When drivers and passengers are involved in a multi-vehicle collision, there is always a risk of severe injury or wrongful death.  If one of the vehicles weighs 25 times more than the other vehicle, the consequences can be even more serious for occupants of the smaller vehicle.  Given the high risk of catastrophic injury associated with tractor-trailer crashes, victims are well-advised to understand the theories that make companies liable for collisions caused by the negligence of truck drivers.  Companies receive legal advice from insurance carriers and attorneys regarding ways to shield themselves from liability for the injuries caused by commercial drivers.

A common strategy employed by many businesses involves classifying drivers as independent contractors.  If a truck driver causes an accident because of exhaustion after ignoring hours of service rules, the trucking company will argue that the plaintiff in a trucking accident lawsuit must seek compensation from the so-called “independent contractor.”  This can present a serious dilemma for plaintiffs because a true independent contractor, such as an “owner-operator” typically will not have nearly as much coverage as a trucking company or a company shipping products.

Given the financial incentive to maximize profits, companies often develop practices designed to move goods to their destination at the lowest cost.  Compliance with safety rules does not necessarily permit the greatest possible reduction in cost, so companies cut corners.  Truck drivers with poor driving records and/or a history of alcohol or drug abuse typically cannot command the same pay as a good driver.

Our experienced Mississippi trucking accident attorneys can help you pursue a claim even if the trucking company contends that the driver is an independent contractor.  The classification given to a driver by a company is not the final word on whether the truck driver is really an independent contractor.  If the company exercises a sufficient degree of control over the driver, the so-called independent contractor status can be exposed as a fiction.  Careful discovery and analysis of documents and testimony regarding the degree to which the company manages the driver can persuade a court to determine that an employer-employee relationship exists.  This finding is important because the liability of a careless or inattentive truck driver can be attributed to the company under the doctrine of respondeat superior, which literally translated means “let the master answer.”

Even if the negligent truck driver that causes your injuries is an independent contractor, the company with whom he contracts can still be financially responsible for his lack of care.  Generally, a company can be liable for physical injury to third parties caused by its lack of reasonable care in employing a careful and competent contractor.  This principle extends not only to a trucking company that uses independent contractors to navigate its routes but also to a retailer that hires an individual owner-operator to transport loads.  Our Mississippi trucking accident lawyers gather evidence to determine whether the company failed to adequately screen a driver before authorizing him to operate an 80,000-pound tractor-trailer.

Trucking companies sometimes hire drivers (even as an independent contractor) without an adequate background check regarding the driver’s past traffic citations, failure to comply with trucking safety regulations, alcohol or drug abuse issues, employment history, and collisions.  We are committed to holding companies accountable when they endanger public safety by cutting corners during the hiring process.

If you have been injured in a trucking accident in Jacksonville or the surrounding areas of Mississippi, our Mississippi Trucking Accidents Lawyers have successfully represented many tractor-trailer accident victims in obtaining compensation for their injuries.  At Barrett Law, we are here to help.  Contact our firm today at 800-707-9577 to schedule your free consultation, so we can answer any questions you may have regarding filing your claim.

 

 

 

 

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UPS Delivery Trucks Can Be Cause of Serious Mississippi Accidents

Under extreme pressure to meet their deadlines, UPS drivers and other delivery persons sometimes end up in avoidable accidents that cause serious injury or wrongful death.  In a recent two year period, UPS trucks were involved in over 1,399 accidents resulting in over 519 injuries and more than 35 fatalities according to the Federal Motor Carrier Safety Administration (FMCSA).

In UPS accidents, occupants of the other car frequently suffer the most serious injuries because of the weight disparity between the vehicles.  Fairly recently, a UPS semi-truck was traveling down a roadway in a bordering southern state when the driver lost control of the truck.  The truck jack-knifed, then careened into a concrete barrier before hitting an SUV.  The driver of the UPS truck escaped uninjured as the truck burst into flames.  Unfortunately, the driver of the SUV was not so lucky and sustained serious injuries after the truck crashed into the driver’s side of the vehicle. The UPS driver claimed a defect in the UPS truck caused him to lose control.  In another example, a couple pulled over on the side of the highway with their hazard lights on were killed when a UPS delivery truck slammed into them from behind.  Both vehicles burst into flames.  The driver of the UPS truck again was unharmed.

If you are involved in an accident with a delivery truck from UPS, it is important to hire an experienced Mississippi attorney right away who can help develop an effective litigation strategy and conduct an investigation of your accident.  At Barrett Law, we represent those who suffer serious injury or wrongful death in motor vehicle accidents, including UPS truck collisions throughout Mississippi.  We combine state of the art litigation technology, innovative litigation strategies, and persuasive courtroom advocacy as part of our effort to obtain the best results for our clients.

There are many parties to a UPS truck accident who might be liable when you are injured or when there has been a fatality, including but not limited to the following:

  • The owner of the truck (UPS)
  • The driver of the truck
  • The company that made the truck
  • A third-party maintenance company
  • The driver and owner of another vehicle involved in the collision
  • Company that designs or manufacturers a defective component of the vehicle

The frequent pattern of stops and starts in residential neighborhoods increase the risk of a UPS truck colliding with another truck or slamming into a bicyclist or pedestrian.  When UPS drivers are distracted or careless, the driver’s failure to exercise diligence and prudence could result in a tragic crash.

If you are involved in a crash caused by a UPS driver, our experienced large truck accident attorneys zealously represent those who suffer serious injury or wrongful death in all types of trucking collisions.  We are committed to the goal of providing legal representation that is consistent with the highest standards of professionalism.  If you or your loved one is injured in a UPS trucking accident, you are invited to contact the experienced personal injury attorneys at Barrett Law to learn how we can help.  Our Mississippi Trucking Accident Lawyers have been representing accident victims throughout Mississippi for over 75 years.  We offer personalized legal representation and zealous advocacy.  We provide a free initial case evaluation so call us today at (800) 707-9577.  No Recovery No Fee!

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Trucking Accidents are Often Caused by Defective Roadways in Mississippi

On a daily basis, trucks of all shapes and sizes frequent the many interstates crisscrossing the State of Mississippi to transport goods throughout the U.S.  As a result, it is not surprising to learn that trucking accidents within Mississippi and across the country are increasingly on the rise.  In fact, nationwide statistics provide that there were over 500,000 trucking accidents in the U.S. last year, the majority of which were caused by driver negligence.  However, a growing number of accidents unfortunately stem from poorly designed and maintained roads.

With regard to poor road design, it can expose truckers to a litany of unnecessarily dangerous hazardous. The following are a number of examples of improperly designed roads, such as:

  1. Improper road lighting
  2. Use of road materials that cannot withstand normal wear and tear
  3. Little to no shoulder lanes
  4. A lack of guardrails or medians
  5. Use of road materials that become unreasonably dangerous during bad weather
  6. Roads with confusing lanes

In addition to hazardous conditions caused by defectively designed roads, the failure to keep roads in proper repair can also result in serious trucking accidents.  Examples of poorly maintained roads include:

  1. The presence of potholes
  2. Road signage that is blocked by overgrown vegetation
  3. Improperly manicured vegetation along the side of a road
  4. The regular failure of a municipality to clear ice and snow

Overall, it is important to understand that pursuing a legal claim for improperly designed and ill maintained roads can be extremely challenging since most roads and highways are publically owned and managed.  In other words, the proper party who must be sued over contributing to and/or creating hazardous road conditions is usually a governmental entity.  Unlike private parties to a lawsuit, a government entity can raise an immunity defense, which is an exemption to liability when a suit is brought against it without its prior consent.  This is typically asserted by government actors when faced with a lawsuit stemming from an alleged lack of road maintenance or inadequate roadway design.

When bringing forth a personal injury claim against a government entity, is crucial that you consult with a Mississippi accident attorney experienced in handling these types of complex claims and also, in circumventing the governmental immunity defense. We all have the right to drive on safe roads, and governments that fail to ensure public safety in this regard should be held responsible for compensating its victims.

In light of the above, we encourage you to contact our seasoned Mississippi personal injury attorneys to find out more about your legal options and how to maximize your chances of obtaining the compensation that you deserve.  We look forward to providing you with excellent legal representation.

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The Facts of Trucking Accidents

The road is one key portion of our lives that we heavily rely on every single day in order to get our daily tasks, goals, and routines accomplished. From an early in the morning individuals can be seen commuting to their various places of employment, dropping their children off at school, or maybe on the way to the gym for a brisk morning workout. However, as we all have come to be familiar with in one-way or another the road, similar to that of our lives, is constantly changing, and in some aspects, completely unpredictable.

Meeting Situations With Expectations Full Force

One type of accident that occurs regularly not only within Mississippi, but also all throughout the country is that of trucking accidents. Trucking accidents are quite different from that of normal automobile accidents considering the fact that these are large, 18-wheeled vehicles that can produce a large amount of damage in a matter of moments. In most cases, when an individual is involved in a trucking accident it usually results not only with devastating damage to their vehicle, but also severe injuries, and even that of death. Yet, why do trucking accidents occur, and who is usually the one at fault for these accidents?

While a definite cause to an accident cannot always be determined in most cases today we are beginning to see a trending pattern with truck drivers either being to tired to operate their vehicles, not trained properly on how to operate their vehicles, or even that of negligence. Many truck drivers today can be seen clearly going over speed limits, swerving more in and out of lanes, not signaling properly, and simply having the mindset that they own the road. When it comes down to the power of an automobile versus that of a truck the smaller vehicle stands no chance in comparison to the power of a large, commercial truck.

Remember to very mindful of large vehicles on the road, whether they are commercial trucking vehicles or not. If you feel that you safety is in danger while on the road due to a truck make sure to pull off the road, and distance yourself adequately. However, if you or a loved on is involved in a trucking accident make sure to seek out an experienced truck accident attorney to fight for your case, and the potential damages you could be entitled to.

At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi.  Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (800-707-9577) to see how we can help.

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Brake Failure a Leading Cause of Mississippi Tractor-Trailer Crashes

The deadly impact of a tractor-trailer collision with a passenger vehicle is a product of a combination of factors including the immense size of the truck, the weight of the truck, the speed of the truck, as well as the overall weight and weight distribution when considering the tractor-trailer cargo.  These factors often form a “perfect storm” and result in a devastating impact that can completely destroy a passenger vehicle and cause permanent catastrophic injury to the occupants or all to often wrongful death.  Brake failure is one of the leading causes of Mississippi tractor-trailer crashes. Brake failures or other problems associated with brakes cause about 30 percent of truck accidents according to the National Highway Safety administration.

Other causes often contribute to brake failure accidents involving commercial vehicles, such as truck driver negligence including fatigue or driver error, as well as defects from other truck components such as tire failure. When commercial truck brakes fail, however, the massive force generated by 80,000 moving at 55 miles per hour will can wreak havoc when it is unable to stop even when the truck driver does everything right.

Collisions involving a tractor-trailer which experiences brake failure may take many forms, such as jackknife accident, rear-end collisions, intersection collision, truck under-ride crash, and fatal collisions involving pedestrians and bicyclists.  The issue of improperly maintained or defective brakes on tractor-trailer may be amplified by the fact that these vehicles are difficult to stop and this difficulty is compounded when conditions are less than ideal.  Recently, a tractor-trailer accident in Mississippi claimed the life of a 10-year-old girl and left 10 others injured. The cause of the accident combined the variable of adverse weather with the driver’s inability to stop in time in order to avoid the accident.

A particular dangerous type of tractor-trailer accident that may be caused not be defective brakes as much as improper application or sudden emergency use of the brakes.  A jackknife commercial trucking accident involves the folding of a tractor-trailer in such a way to resemble a pocketknife folding in an acute angle, which causes the trailer to swing out in front and face backwards, posing an extreme risk of harm to surrounding drivers.  If the truck driver applies the brakes suddenly while the vehicle is still going at a fast rate of speed, the trailer is still in motion during the sudden braking, and physics will cause this catastrophic jackknife scenario.

Companies are required to regularly inspect trucks in order to detect mechanical problems or defects and repair these problems to avoid fatal trucking accidents.  A trucking company has a obligation to keep the brakes in working condition which involves adjusting the brakes when necessary, checking the valves, air hoses and the air pressure, and other inspections in order to avoid issues involving wear and tear on brakes.  A faulty brake design may also cause a brake related commercial truck accident.  If you have been injured in an accident involving a commercial truck, you may be entitled to compensation for you injuries.

The attorneys of Barrett Law, PLLC have been representing those who suffer serious injury in motor vehicle accidents for over 75 years.  Our experienced Mississippi trucking accident lawyers are available to assess your case.  We represent truck accident clients with compassion and zeal so contact us today at (662) 834-2376.

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