The Construction industry is a potentially high hazard, dangerous industry for those who work in it. The severe consequences from construction accidents can make life very difficult on the survivors or families of those lost as a result of such accidents, especially when the accident was caused by the carelessness of another negligent party. In construction, falls are the most frequent cause of fatalities at construction sites and annually account for one of every three construction-related deaths. In this case it was a beam that fell on the worker that caused his death.
Issues of safety are always a big concern at construction sites.
The Jasmer Law Firm has handled construction accident cases since 1996, including those that were the result of unsafe construction sites due to the construction company and building owners putting cost savings ahead of worker protection. On far too many occasions, OSHA and The Department of Building laws and regulations are overlooked or completely disobeyed. This leads to unsafe work sites where innocent, hard working laborers suffer debilitating and permanent injuries from ladder and scaffold collapses to being struck and killed by falling debris, such as a beam in this case.
If you or a loved one work in the construction industry in the Chicagoland area and are injured or worse, contact The Jasmer Law Firm, conveniently located in downtown Chicago.
For more information on this incident, go to: http://www.suntimes.com/20152633-761/construction-worker-killed-by-falling-beam-at-northwestern-university.html
]]>Recently, in Chicago, a state trooper was killed in a truck accident. According to a report obtained by the Sun-Times, the truck driver had fallen asleep, veered to the left and crashed into a patrol car that was parked on the left shoulder of Interstate 294.
]]> The 28-year-old state trooper inside of the patrol car was killed. At this point, an investigation into the crash is still ongoing and the driver of the truck is yet to be charged.In Illinois, trucks are supposed to stay in the far two right lanes on interstates. However, if it is true the driver fell asleep behind the wheel, this would explain how he ended up on the left side.
In looking at this accident, there are many questions that need to be answered. For example, the accident happened shortly after 11 p.m., was the driver on the road too long? Were his log books up-to-date? What about the driver? Does he have a sleep disorder? Did the company he works for know about this sleep disorder yet continue to let him drive anyway?
In cases such as this one, where it is believed driver fatigue may have played a role in a crash, this is where an attorney with experience handling truck accident cases can step in to obtain driver's logs and other information that is crucial to a case. The facts of the case can end up leading to compensation for those who are injured or the family of those killed.
Source: CBS Chicago, "Trucker Fell Asleep In Crash That Killed Trooper: Report," April 26, 2013
]]>The accident happened earlier this month. The bus driver was transporting a group of seniors to a casino. On the way, something went terribly wrong and the bus ended up leaving the roadway and crashing into a concrete barrier.
]]> After the fatal crash, the bus driver told authorities that he believes he might have blacked out right before the bus left the roadway. If this is true, this points to a possible medical condition, which brings up questions surrounding if his employer knew anything about his condition. Did physicals point to a possible issue? Did Cardinal Coach Line continue to employ a driver with a known medical condition? Could the employer therefore be responsible?The fact that this same 65-year-old bus driver was involved in another fatal accident while working for another company also raises some red flags. In that case, he hit a pedestrian who was helping others at the scene of an accident. Afterwards, a lawsuit was filed against the driver and the company he worked for. A jury did find the company negligent for hiring the driver, but no damages were awarded to the family as it was determined the 22-year-old was at fault as he did jump onto the road. The brakes on the bus were also not working properly.
In this most recent fatal accident, a preliminary report handled by the state's department of public safety found there to be nothing wrong with the actual bus. Rather, the 65-year-old bus driver was cited for failure to maintain his lane and inattention while driving.
Looking at this case, this is a perfect example of the fact that certain driving jobs -- including trucking -- require health screenings and monitoring. In cases where there is an accident, and it is believed to be related to the health of the driver, an attorney should be contact to further investigate.
Source: ABC News, "Report: Bus Driver Says He May Have Blacked Out," David Warren, AP, April 22, 2013
Trying to fight fatigue may be the reason that truck drivers tend to drink coffee and energy drinks. They hope the caffeine in these drinks will be able to power them through the drive.
]]> A recent study looked at the role caffeine plays among truck drivers. From there it was found that those who drank caffeine were 63 percent less likely to get into a trucking accident.To conduct this study, researchers interviewed 530 drivers who had been in a truck accident and 517 truck drivers who had not been in an accident in the past year. Information related to their health and lifestyles, as well as caffeine consumption, was recorded.
Researchers also adjusted their findings for things like age, the distance the truck driver drove, how many hours of sleep they got and other factors that play a role in the likelihood of getting into a crash.
In this study, even though data points to the fact those who consumed caffeine were in fewer accidents, the lead author is quick to point out this does not mean that more caffeine is the answer to road safety issues. Rather, caffeine can be part of a larger strategy to keep truck drivers and other motorists on the road safe. But, more needs to be done to prevent truck driver fatigue.
In general, when it comes to truck crashes in the Chicago area, fatigue is one of the main causes. However, many times those who are injured in these types of accidents do not even realize the driver was tired until later on when an attorney begins an investigation into the driver's records and starts working with sleep experts.
Source: The New York Times, "Caffeine May Boost Driver Safety," Nicholas Bakalar, March 21, 2013
In this truck accident, it is believed the 47-year-old truck driver, who worked for Highway Star Inc., was following a family's SUV too closely. A husband, wife, family friend, two foster children and an 18-year-old whose relationship to the family is not yet known were all killed in the accident. Two other foster children also suffered from serious injuries and were transported to the hospital.
]]> In looking just at the trucking company, over the past two years, the company has been issued a number of violations for dangerous driving behaviors, such as speeding, following too closely and improper lane change.However, despite this dangerous track record, the Federal Motor Carrier Safety Administration still gave the company an overall satisfactory rating on its past two year performance. One could imagine this is largely due to the fact that the company did stay right below or right above the national average when it came to inspections.
Over the two year period, which ended on March 3, there were 59 inspections of Highway Star Inc. trucks. This resulted in 12 vehicles being taken off of the road. However, even with these issues, with the truck out of service rate being at 20.3 percent, it managed to stay below the national 20.72 percent average.
In terms of drivers being taken off of the roads, seven out of 124 driver inspections resulted in the drivers no longer being allowed to drive. But still, this is just 5.6 percent, which is only slightly above the national average of 5.51 percent.
What this means for the average Illinois driver who is hurt in a trucking-related accident, is that even if the Federal Motor Carrier Safety Administration deems a company as satisfactory, there could still be safety concerns with the company's rigs or drivers. In these cases, it is especially important to reach out to an attorney with experience handling truck accident cases.
Source: The Detroit News, "Michigan firm in crash had 17 tickets since '11," Brett Barrouquere and Steve Karnowski, March 5, 2013
]]>Several years ago the Federal Motor Carrier Safety Administration conducted a study analyzing the sleeping patterns and behaviors of commercial truck drivers. The study looked at 80 long-haul truck drivers. From there it was found, on average, that truck drivers were only getting five hours of sleep per night.
]]> Only getting around five hours of sleep per night is certainly dangerous as all people -- regardless of what they do for a living -- need between seven and nine hours of sleep. By continuously not getting enough sleep, not only is a driver tired and not functioning at their highest capacity, but a sleep debt starts to build up. In response to this sleep debt, the body will crave sleep and a driver will experience excessive tiredness. Obviously, when this happens behind the wheel of a truck weighing several thousand pounds, the results can be devastating to the truck driver and anyone else who happens to be around.According to the National Transportation Safety Board, drowsy driving is the cause of more than half of fatal truck driver truck accidents. This is particularly troubling since for every one truck driver who is killed in an accident, on average, there are three to four other people who are killed.
In addition to sleep debt and truck drivers just not getting enough sleep, it should also be noted that it has been estimated that more than 70 million Americans suffer from some sort of sleep disorder. For a truck driver, a sleep disorder -- whether diagnosed or not -- is just one more strike working against them and the safety of others.
Source: National Sleep Foundation, "National Sleep Foundation White Paper on Drowsy Driving," accessed Feb. 27, 2013
Take for example a recent accident on Interstate 55/70 in Madison, Illinois. It appears a truck driver did not reduce his speed when he should have and lost the load of coal he was carrying.
]]> The accident happened around 6:45 p.m. The truck driver was exiting the interstate onto Illinois Route 230 when the tractor-trailer he was operating tipped over. This sent 40,000 pounds of coal all over the bridge.Other drivers on the interstate tried to react to this spill. However, the truck tipping over caused a chain reaction involving five other vehicles. Two vehicles sideswiped each other and another driver, in an effort to avoid the accident, slammed on their brakes. This resulted in two other vehicles slamming into yet another vehicle.
In total, of the six vehicles involved, three people were injured and were transported to the hospital. The truck driver was charged with failure to reduce speed and losing his load.
This accident highlights the dangers of truck driver error and improper loading.
As mentioned in the beginning of this post, all it takes is for one error in judgment for a truck driver to cause an accident. Additionally, with improper loading, this can mean either a truck was overloaded from the beginning, or the load was not properly secured. When this happens it can lead to items falling off the truck and either hitting other vehicles, or causing an accident as vehicles try to avoid what fell off of the truck.
Source: St. Louis Post-Dispatch, "Truck spills coal on ramp in Illinois, causing six-vehicle crash," Denise Hollinshed, Feb. 9, 2013
Many motorists in Illinois like to think that these truck drivers are all responsible, 100 percent of the time. And while this is true for a good number of truck drivers, the truth is that there are truck drivers who bend the safety rules. Some even use drugs and alcohol to either pass the time or to self-medicate to treat the pain that often accompanies sitting for long stretches of time.
]]> Recently, several states in the U.S. even legalized the use of marijuana for recreational use. This in turn led to many wondering if the legalization of marijuana in some states would impact the Department of Transportation's long-standing regulations regarding the use of marijuana among truck drivers.According to the DOT, while legal in some states, truck drivers are still prohibited from using marijuana. Specifically, the DOT's Drug and Alcohol Testing Regulation does not permit truck drivers to use marijuana under any circumstances. This also means that even if a driver's physician has recommended the use of medical marijuana, the DOT will still not allow it.
Of course, this does not mean that all truck drivers will follow the DOT regulations. Sadly, there is many times where it is not even known these drivers are using marijuana -- or other substances -- until after a truck driver causes an accident. This is why it is important for any motorist injured in a truck accident to contact an attorney who handles truck accident cases in order to make sure the case is properly investigated.
Source: U.S. Department of Transportation, "DOT Office of Drug and Alcohol Policy and Compliance Notice" Jim L. Swart, accessed Feb. 7, 2013
The National Highway Traffic Safety Administration (NHTSA), which released the data last week, could not give a clear reason for the increase. They believe it may be related to higher truck speed limits in some states and an increase of truck drivers on the road. They will work with the Federal Motor Carrier Safety Administration (FMCSA) to determine other potential causes of the increase.
]]> As personal injury lawyers, we often discuss truck accidents from the viewpoint of injured car occupants. Yet, truck drivers also suffer injuries and can be killed in truck accidents, many of which are caused by car drivers, defective truck parts and other things out of truck drivers' control. A bill (MAP-21) passed recently that asks the NHTSA to study how safe trucks are for truck occupants and look at options for increasing safety. 2011's traffic fatality date shows that there is certainly a need for this study.If your loved one was a truck driver killed in a truck accident, we offer our sincerest condolences. You may have options to recover compensation for medical bills, pain and suffering, funeral expenses, lost income, loss of consortium and other economic and noneconomic damages. Depending on the cause of the truck accident, you may have a lawsuit against an at-fault driver, the trucking company or the manufacturer of a defective truck part.
Learn more by visiting our pages on Illinois truck accidents.
Source: Truckinginfo, "2011 highway deaths down, but truck occupant deaths up 20 percent," Dec. 11, 2012
]]>"I was only doing what I'm supposed to do," he said. He added that he believes being a safe truck driver means keeping aware of road conditions, including weather and traffic conditions.
Mr. Powell's story is heartening, especially to personal injury attorneys who see countless truck accident victims come in their doors. We congratulate Mr. Powell on his driving record and hope to hear more success stories from other truck drivers.
]]> The Effects of Safe Truck DrivingBecause of the sheer size and weight of their trucks, truck drivers must drive with other vehicles in mind, be cautious of cars in their blind spots and pay attention to road conditions. Even though car drivers are blamed for many truck accidents, truck drivers can and should take steps to prevent the accidents.
This includes following the laws of the road. A 2011 study by the American Transportation Research Institute found that truck driving behavior was a very strong indicator of future truck accidents. Behavior that led to a greater chance for future truck accidents included:
Truck driver fatigue is also an issue, causing more than eight percent of truck accidents.
By staying alert, paying attention to passing traffic and taking the time to understand road conditions, truck drivers can, and do, make our roads safer.
When, on the other hand, they put safety second to texting, do not get enough sleep or simply drive poorly, they must be held accountable for the injuries they cause.
Learn more about truck accident lawsuits by visiting our pages on truck accidents in Chicago.
Source: Griffith Community.com, "Truck driver reaches four million miles without an accident," Kimberly Cheek-Stanley, Oct. 26, 2012
]]>Unfortunately, the bus accident claimed one victim, a graduate student in health care administration who was accompanied by her parents. She was sitting toward the front of the upper level at the time of the impact.
]]> Many of the other passengers were injured and were treated in area hospitals. Lucky to have survived, the driver suffered facial and foot injuries. He has had three surgeries and will have another, but plans to return to his job when he recovers.Although the trainer did not have time to advise the driver what to do, the driver handled the situation as well as he could have and probably saved lives, according to state police investigators.
In his first interview, which was with the Chicago Tribune, the driver said that he did not brake, but rather coasted, in an attempt keep the bus from flipping over. Double-decker busses have higher centers of gravity.
However, he could not turn the wheels, so he gripped the steering wheel hard to maintain control. Despite his efforts, the bus veered left, into a guardrail and the median, hitting the concrete pillar.
Government officials are investigating what happened, especially with the "left front steer tire and electrical components," apparently because of the wheels locking up and preventing control of the bus' direction.
Because of this bus crash, the Federal Motor Carrier Safety Administration issued a national bulletin with specific safety advice about double-deck bus weight limits, weight distribution and tire pressure.
Reportedly the bus company said that the bus in the accident was newer, having been made in 2011, and recently had a satisfactory inspection. The driver had a clear driving record and was only given two minor, administrative, inconsequential citations in the accident.
Source: Chicago Tribune, "Tire blowout blamed for fatal Megabus crash" Jon Hilkevitch, Aug. 30, 2012
]]>Federal regulations prohibit a truck driver to be on the road for more than 11 hours. The reason for the regulation is to avoid truck driver fatigue. Driver fatigue can result in devastating trucking accidents that result in catastrophic injures and sometimes death.
]]> Currently, truck drivers are required to keep handwritten log books that document their time on the road. The handwritten logs, however, are easily manipulated and if a driver pulled an all-nighter to make a delivery on-time, he or she could easily falsify the log book to indicate regulations were not violated. EOBRs will make it difficult for truckers to get away with dishonest reporting. It will also make compliance confirmation simpler and less expensive.Mandating EOBR's in every truck, however, does not mean that the driver will rest when prohibited from driving. EOBR's also won't prevent many other causes for truck accidents, including:
Electronic on board monitoring will hold truck driver's more accountable but may not make our roads substantially safer.
]]>ESC systems work by imposing automatic engine-torque changes and delicate individual wheel braking when the system receives signals the driver may be losing control.
]]> The National Highway Traffic Safety Administration proposed a new regulation on May 23, 2012, that would require appropriate heavy trucks over 26,000 pounds and certain coach buses to be equipped with ESC systems. In its notice of proposed rulemaking, the NHTSA released these safety estimates if the standard is adopted:The agency will hold a public hearing this summer on the proposal and public comments on the proposed rule may be submitted until august 21, 2012.
Some large vehicles already use the systems, and NHTSA estimates the average cost per unit for an individual ESC system to be about $1,160.
At least one opponent, the OOIDA (Owner-Operator Independent Drivers Association), feels that instead of the government imposing the equipment that could hurt small businesses financially, the emphasis should be on better driver training and "cab-crashworthiness standards."
Source: Land Line Magazine, "Rule would require truck stability systems at $1,160 a pop," David Tanner, May 17, 2012
]]>In the past, some unsafe carriers have continued operating through a loophole in the system. These so-called "reincarnated carriers" could put a record of safety violations behind them and continue operating by simply shutting down and reincorporating under a different name.
]]> New rules by the FMCSA will help put a stop to this practice. Changes to the agency's administrative procedures target repeat-offender reincarnated carriers by consolidating the carriers' old and new records. Beginning May 29, the agency can issue out-of-service orders to shut down these carriers.As a result, unsafe carrier companies will have to shut down operations and challenge the agency's actions in court before they can reopen. Further, carriers can no longer pay civil penalties for a violation without admitting guilt in most cases.
Motor carrier companies with poor safety records - including reincarnated carriers - pose an exceptional danger to other passengers and other motorists. In 2008, a bus crash in Sherman, Texas, resulted in the deaths of 17 passengers. The bus company was operating under a pending application with the FMCSA, despite multiple safety violations under its old name.
Under the new rules, the FMCSA can stop such carriers from operating until they have agreed to essential safety measures. This rule change is a positive step toward safety for everyone on the roads.
]]>Speed limiters are fairly inexpensive devices that can be installed on trucks. Each speed limiter is pre-programmed with a maximum speed. Truck companies have used these devices previously to increase brake and engine life and decrease wear and tear on tires.
Opponents of the speed limiters believe that the devices can cause dangerous circumstances by not allowing drivers to speed up in heavy traffic to pass other vehicles or the limiters may cause great speed differences between large trucks and other passenger vehicles on the road.
The recent study shows that the use of speed limiters may be a step in the right direction to reduce the number of crashes on the nation's highways. Implementation of the devices is easy for semi-trucking companies. The devices are standard equipment on most trucks; all the trucking companies have to do is activate the device.
A reduction in the speed that semi-trucks are traveling on our roads is not likely to eliminate crashes involving these large vehicles, but the use of speed limiters may reduce the severity and number of crashes. Implementation of speed limiters would be a positive step toward safer roadways for the nation.
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