Of all of the causes of truck collisions, one of the most preventable gets the least press: driver fatigue—in other words, tired truckers.

Although federal law both limits the maximum number of hours that a truck driver is supposed to drive and prohibits truckers from driving if they are “impaired through fatigue,” the fact is that more and more big‑rig drivers are taking to the highways without enough sleep. There are several reasons for this, including the relaxed industry regulation that has resulted in less‑experienced truck drivers on the road.

Before 2004, the federal government allowed truckers to drive no more than 10 consecutive hours. Statistics from the Federal Motor Carrier Safety Association (FMCSA) showed that the number of fatigue‑related crashes jumped dramatically after eight hours of driving and continued to increase through the 10th hour allowed. Despite this evidence, the federal regulations were changed in 2004, and truck drivers are now allowed to drive up to 11 consecutive hours, meaning that there are more tired truckers on the road than ever.

As you might guess, the number of fatalities caused by large trucks increased in 2004 and 2005, with fatigue cited as a factor in 20% more accidents than under the old law. Interestingly, the FMCSA’s failure to consider the obvious (more time driving = more driver fatigue) has been cited by at least two federal courts that are considering whether these regulations should be allowed to continue.

The deregulation of the trucking industry has also resulted in increased competition among trucking companies, increasing the pressure on drivers to complete their routes quickly. Finally, changes in the ways that goods carried by trucks are distributed, such as the increased use of “just‑in‑time” delivery, have resulted in tighter deadlines for truck drivers than was the case in the past.

Taken together, all of these factors mean that the pressures on truck drivers to ignore the law and complete their deliveries, even if they are too tired to drive safely, will only increase.

The flowers are blooming, heralding the arrival of spring and the Spring 2009 Texas Law Alert! This table-of-contents article and the following short blog entries are all part of this winter’s Alert. Easy-to-read tips and articles on common legal questions make up each Texas Law Alert, a free service from Street and Ragsdale, your Fort Worth/Dallas car crash lawyers.

WE PREFER YOU TO REFER!

The time following a car crash or personal injury is often difficult. There are many things to take care of. Hiring a good lawyer is one of them.

You can trust our personal injury lawyers and our track record of winning cases and recovering settlements. If you or a loved one has been injured in an accident, call us. We will aggressively represent you and make sure that you are justly compensated for your injuries.

PREVENTABLE INFECTIONS ON THE RISE

According to the federal Centers for Disease Control (CDC), patients in American hospitals come down with over 2 million hospital-acquired infections each year, 90,000 of which result in death. Given the lack of news coverage regarding the number of deaths caused by infections, it could be called a silent epidemic.

MEDICARE LIMITS PAYMENTS FOR TREATMENT OF INFECTIONS

In a potentially helpful development, the federal government has passed new rules that limit the payments Medicare will make to a hospital to pay bills incurred in treating preventable infections and medical errors the hospital should have avoided.

AGGRESSIVE DRIVING

As roads become more congested and people’s lives become more hectic, aggressive driving and the dangers associated with it increase. Aggressive driving is the combination of unsafe and unlawful driving actions that show a disregard for safety.

CARBON MONOXIDE POISONING

Carbon monoxide (CO) is a colorless, odorless gas given off by fuel-burning appliances such as gas heaters and gasoline-burning engines. According to the CDC, about 500 Americans die every year from CO poisoning not related to a house fire, and more than 15,000 are injured.

COMMON TREATMENT TIED TO JAW PROBLEMS

According to a recent university medical study, a drug commonly prescribed to treat osteoporosis in women may have the unintended side effect of causing a serious jaw disease.

DANGEROUS PRODUCTS MADE IN FOREIGN LANDS

A few years ago, the news was full of stories of toys being pulled from shelves for dangerous levels of lead in their paint. Anyone who was injured by these dangerous toys certainly has a claim against the manufacturer, but asserting a claim is often difficult, especially if the factory that made the product is in another country.

KNOW ABOUT THE “NO-ZONE”

All drivers should be aware of the “no-zone,” the area on the sides and rear of 18-wheelers where the truck driver cannot see a car.

As roads become more congested and people’s lives become more hectic, aggressive driving and the dangers associated with it increase. Aggressive driving is the combination of unsafe and unlawful driving actions that show a disregard for safety. An aggressive driver is one who operates his or her vehicle in a selfish, bold, or pushy manner, without regard for the rights or safety of others.

Aggressive driving is often triggered by trivial disputes and includes such things as refusing to allow a motorist to pass, obscene gestures, horn blowing, tailgating, and failure to obey traffic laws. Aggressive driving is different than “road rage.” Road rage usually involves a driver breaking a criminal law, such as by shooting a gun at another driver who cut him off. However, aggressive driving can be just as dangerous, to both the aggressive driver and those with whom he shares the road.

You can protect yourself from the hazards posed by aggressive drivers by allowing yourself extra travel time to arrive at your destination so you do not have to hurry, by avoiding stress, and by remaining calm in traffic. The best way to avoid being the target of an aggressive driver is to practice basic traffic courtesy. Assume the best of other drivers, and assume if they make a mistake that it is not personal. Avoid conflict if possible (even if you are in the right) and carefully consider the possible consequences before you react. Finally, call 911 to report unsafe or aggressive drivers. The risks and consequences of aggressive driving are great, and you should take care to be neither a perpetrator nor a victim.

All drivers should be aware of the “no-zone,” the area on the sides and rear of 18-wheelers where the truck driver cannot see a car. This dangerous area is easy to locate: If you can’t see the driver of the truck in his mirror, then he can’t see you.

The no-zone is dangerous for two reasons. First, if the truck driver cannot see you, he might try to pull into your lane, causing a crash. Second, if you drive in the no-zone, the truck and its trailer cut off your view to the side and reduce your view to the front, making it harder to avoid accidents.

If you are behind a truck, stay out of the no-zone so that the driver can see you. If you are passing a truck, do not linger in the no-zone–get through it as quickly as you can while still driving safely. Remember: No matter who had the right of way, when an 18-wheeler and a car collide, the car always loses.

Last week after sustaining injuries in a Dallas car wreck, a mother and her baby were taken to an area hospital to be treated. The Dallas car wreck occurred when, according to police officers on the scene, the woman hit a vehicle as she was making a turn onto F.M. 1417 from S.H. 11.

The woman was driving a small SUV, and she and her child did not sustain any life-threatening injuries from the Dallas car wreck even though they were taken by air ambulance to the hospital.

Don’t Be a Dallas Car Wreck Victim

A Dallas car wreck can happen at any time. Those who are involved in a Dallas car wreck can suffer serious personal injury, and in some cases wrongful death can happen. Driver negligence, exhaustion and faulty brakes are all things that can cause a Dallas car wreck. Regardless of the cause of the wreck, it’s essential that you contact an experienced Dallas car wreck lawyer if you or a loved one have been involved in a Dallas car wreck so that you can find out what should be done next. You may be entitled to compensation, and a good Dallas car wreck lawyer will fight to get you what you deserve.

Hiring a Dallas Car Wreck Lawyer

Hiring a Dallas car wreck lawyer can help you figure out what to do next. Dealing with insurance companies and medical bills can be overwhelming, but an experienced Dallas car wreck lawyer will know how to fight for your rights and get you the compensation you deserve.

If you or a loved one have been involved in a Dallas car wreck, don’t hesitate to contact the law firm of Street & Ragsdale for a free case evaluation.

It is worth remembering that sometimes things do work out for the best if you do the right thing. This point was driven home by a recent case involving a Texas truck driver and an unsafe load.
The truck driver was fired because he refused to take to the highways driving a load of steel that was not properly secured and was therefore dangerous. The company’s president told him he could either drive the company’s truck or drive his own truck home. The trucker refused to take the unsafe load and was fired the same day.
The trucker sued, claiming that he was fired solely for refusing to perform an illegal act. At trial, the jury agreed. Contributing to its verdict were a number of facts, including the following:

•    This was not the first time the driver had complained about having to drive a dangerous load.
•    The company admitted that it knew next to nothing about the federal regulations governing trucks and their loads.
•    The driver had previously received a ticket for transporting an unsafe and illegal load, about which he had complained.
•    When another driver took the same unsafe load the trucker had refused to take, part of the load came loose and slammed into the driver’s cab.

The trucking company tried to discredit the trucker’s stance and to portray him as being in it for the money, but the jury credited his testimony that he had been trying to do the right thing and be a good role model for his kids. The jury awarded the trucker $267,000, even though he had suffered only $7,500 in lost wages. Those of us who drive on Texas highways can only hope that the trucking company got the message.