Michael Leizerman’s Blog

Trucking litigation is very document intensive and governed by hundreds of regulations. Given this, the need for qualified truck accident attorneys to understand all facets of litigation is important. I have handled numerous truck accidents throughout the United States, many of them similar to those noted below. Please feel free to contact me at michael@leizerman.com or call me at 1-800-628-4500.

WTMJ reports a semi-truck accident on Saturday, March 12 in the Dodge County town of Herman, Wisconsin, about 5 miles from Allenton. According to the sheriff, the semi truck driver failed to yield to a tour bus at the intersection of Highway 33 and Highway P.  An elderly passenger on the bus was killed in the crash. The bus driver and another passenger were taken to local hospitals. The highway was closed for over 6 hours after the accident.

Daily Bulletin reports a semi-truck accident that occurred on Saturday, March 12 at 9:30am in San Bernardino County, California. According to the California Highway Patrol, the accident happened on the 15 North freeway south of Glen Helen Parkway. As a semi-truck traveled in the slow lane, it flipped, discharging the house it was hauling into the 4^th lane. One person was killed in the accident and two others were treated at hospitals for injuries. Three lanes of the 15 North freeway were closed.

New York Daily News reports a fatal fire truck accident on Wednesday, March 9 on Staten Island around 12:10pm. Authorities said the fire truck side-swiped a van carrying special needs adults as the truck went north on Richmond Road and ran a red light at the intersection of Burgher Avenue in Dongan Hills. The van spun and smashed into a retaining wall, trapping one passenger and ejecting another. One of the van passengers, a disabled man in his 50’s, was killed.

OregonLive.com reports a tractor-trailer and school bus accident at 7:40am on Tuesday, March 8. The accident occurred on Oregon 47, north of Northeast Wapato School Road near Gaston. According to the Oregon State Patrol, the south-bound school bus was picking up students when a tractor-trailer going north fish-tailed, entered a ditch and hit the school bus. The bus driver and 9 students were taken to a hospital to be treated for minor injuries. The semi truck driver received a citation for careless driving.

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Attorneys handling truck accident cases should be familiar with all the Federal Motor Carrier Safety regulations. Of course just being familiar with the regulations is not enough. A truck accident lawyer must also conduct thorough discovery in order to apply those regulations to the facts of a specific case. I have handled numerous truck accidents throughout the United States, many of them similar to those noted below. Please feel free to contact me at michael@leizerman.com or call me at 1-800-628-4500.

Cincinnati.com reports a 3-vehicle accident involving a box truck, an SUV and a tractor-trailer on Friday, March 4 around 6:00pm in Evendale, Ohio. The driver of the box truck was driving south on Interstate 75 when traffic stopped. He slid into the back of a Ford Explorer, which was pushed under a tractor-trailer stopped in front of the SUV. It took emergency crews over an hour to free the driver of the SUV, who was transported to University Hospital with non-life threatening injuries. The driver of the box truck was given a citation for failing to keep an assured and cleared distance.

KKTV.com reports a tractor-trailer accident that occurred on Sunday afternoon, March 6^th in Colorado on I-70 near milepost 207. According to Colorado state troopers, the tractor-trailer’s brakes failed as its driver was going down a west-bound tunnel grade. Around 3:30pm, a Chevy Trailblazer was sideswiped by the tractor-trailer, and both vehicles rolled over. One of the SUV occupants suffered serious injuries and had to be cut out of the vehicle. Two additional occupants received moderate injuries. The tractor-trailer driver received a citation for careless driving. Troopers say the tractor-trailer is believed to have exceeded a safe speed limit for a steep grade. The roadway was also closed for hours due to clean-up efforts.

KXLY.com reports a semi-truck accident on Sunday, March 6^th near Ritzville, Washington around 6pm. According to a Washington State Patrol spokesman, a state trooper had pulled over to the 395 North shoulder for a traffic stop, but the semi-truck hit his patrol car from behind and then crashed into the median between the north and south-bound lanes. The trooper was transported to Ritzville and then airlifted to a Spokane, Washington hospital.

Post Independent reports a flatbed tow truck accident on Friday, March 4^th near Aspen, Colorado at Highway 82 and Brush Creek Road. At 10:00am, the tow truck entered an intersection on a red light and struck a bus that had entered the intersection on a green light. Dozens of people were injured. Injuries varied from minor to serious, but none were believed to be life threatening. According to the Colorado State Patrol, the driver of the flatbed tow truck has been charged with misdemeanor careless driving causing bodily injury. Injured passengers were taken to the Aspen Valley Hospital and to the Snowmass Clinic.

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Consider this: A truck accident in, for example, Ohio may be complicated if the victim is from Florida, the truck driver is from Kansas, the truck is owned by a California company, the trailer is owned by a Missouri company and the driver was hauling a load from California to New York. I have handled numerous complicated truck accidents throughout the United States and I am knowledgeable in the specifics of trucking law. Please feel free to contact me at michael@leizerman.com or call me at 1-800-628-4500.

The Daytona Beach News-Reporter reports a truck accident that occurred on Thursday, February 24 at Interstate 95, about two miles north of the State Road 100 interchange in Florida. The accident happened around 2:45am, when according to Florida Highway Patrol, the truck driver reached for a drink in his cooler and then drifted off of the road. A driver behind the semi-truck hit the truck’s tires after it blocked all three lanes. He was taken to a medical center in Daytona Beach with serious injuries. The driver has been charged with reckless driving.

Middletown Journal reports a dump truck accident that happened on Thursday, February 24 in Monroe, Ohio on Ohio 4 near the Life Tabernacle Church. Police said the dump truck struck a Cadillac in the northbound lane. The Cadillac then landed in a ditch, ejecting its driver and passenger from the windows. The two men were taken to Atrium Medical Center for injuries.

KPHO reports a utility truck accident on Tuesday morning, February 22 in Phoenix, Arizona near 27th and Camelback Road. Police said the utility truck driver lost control of his vehicle, driving straight into a house’s master bedroom. A four-year old girl was trapped underneath a door and rushed to a nearby hospital.

ENCToday.com reports that an unlicensed truck driver struck a stopped school bus, injuring 17 students on Wednesday, February 23 at 7:19am in Reelsboro, Pamlico County, North Carolina. The bus was picking up a student near Chair Roadwhen a two-axle box truck hauling U.S. mail was taking a curve on N.C. 55 and could not stop. The sub-contracted driver did not have an operator’s license. Nine students were transported to a medical center by ambulance and others arrived by their parents’ vehicles throughout the day. The truck driver was charged with failure to reduce speed. The truck owner is Gardner’s Carrier Service in Grifton.

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It takes a little fire in the belly to fight with truck companies and insurance companies day in and day out. I get personally offended when, for example, an insurance company offers a pittance when one of their insured’s vehicles crosses a centerline and kills somebody’s mother. But being passionate alone is not enough. The best way to beat the truck companies is old-fashioned hard work. Please feel free to contact me at michael@leizerman.com or call me at 1-800-628-4500.

WLKY reports that a dump truck and 2-car crash occurred west of Greenville, Indiana at Highway 150 and Highway 335. According to police, the driver of the dump truck left the scene of the accident, which occurred shortly after 9am, but was later tracked down and taken to a hospital for drug testing. Two people in the cars were taken to area hospitals to be  treated for injuries.

KARE11 reports that a state trooper was struck by a semi truck on Monday, February 21 sometime before 2pm while responding to the scene of another accident in St. Cloud, Minnesota. The trooper was inside his vehicle on I-94 near State Highway 23 when the semi truck accident occurred and he sustained injuries from the crash.

The Chicago Tribune reports that a tractor-trailer accident occurred in Goodland Township, Lapeer County, Michigan on Sunday, February 20 at 5:45pm. A northbound tractor-trailer struck an eastbound Chrysler 300M, killing one of the front seat passengers. The driver and 2 other passengers, both minors, were taken to a hospital to be treated for injuries.

The Smyrna-Vinings Patch reports that an infant died this week after being involved in a multi-vehicle accident with a tractor-trailer in Cobb County, Georgia. The incident occurred around 10pm last week on Saturday, February 12 at I-75 near Windy Hill Road exit. According to police, the driver of the 18-wheeler did not brake as he approached traffic and hit the back of a vehicle in which the infant was riding. The parents were taken to Atlanta Medical Center, while two other adults in another car were taken to Grady Memorial Hospital. The driver of the big rig has been charged with second-degree vehicular homicide and following too closely, both misdemeanors.

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Recently, the Fourth Amendment helped a truck driver win a case. After the Minnesota State Patrol put Stephen House through a line of questioning for no apparent reason and then ordered him out of service (OOS) for 10 hours, he fought back with help from the Owner-Operator Independent Driver Association (OOIDA).

Together, they went to court to challenge the MSP’s Level III procedures for determining driver fatigue, and won … thanks to the Fourth Amendment’s protections against unreasonable seizure.

Court documents show that House’s log book, vehicle registration, and commercial driver’s license were all current and valid when he gave them to the Minnesota officers. The log book showed no reason to issue a ticket or OOS order.

But then the officers made him go into their offices for questioning — and never said they had a checklist to help identify a driver’s fatigue level. They asked him about such seemingly random things as: how often he woke up to use the bathroom, his neck size, allergies, family illnesses, what he had to read in the cab, how many times he opened his eyes while his wife was driving at night, and whether he had a TV, cell phone, computer, food, and food wrappers in the cab.

House asked what all the questions were about, but the MSP said it was a sleep study. When they were done, though, the officers told him he was too tired to drive and placed him OOS for 10 hours. House’s wife and grown son were with him at the time. The MSP never explained that they had a new procedure to evaluate fatigue — the “Fatigued Driving Evaluation Checklist.”

According to the Court, warrantless searches of a closely regulated industry are constitutional when:

• A substantial government interest is met

• The inspection is needed to support the regulatory program

• The regulatory program defines the inspection’s scope, makes clear to the commercial vehicle owner that the search follows the law, and adequately limits the inspecting officers’ discretion.

The Court found that while the MSP officers were authorized to put House through a routine Level III Inspection, the scope of their investigation and questioning were excessive. They did not, ruled the Court, have a reasonable suspicion that House was fatigued. His detention and the broad scope of their questions constituted an unreasonable seizure, and therefore a violation of his rights as guaranteed by the Fourth Amendment.

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Roadside enforcement personnel have a new set of criteria to help them decide if a commercial vehicle and/or its driver are road-safe, thanks to updated guidelines from the Commercial Vehicle Safety Alliance (CVSA).

The 2011 North American Standard Out-of-Service (OOS) Criteria features 10 changes worth noting. Interestingly, what’s changed most is the standards for taking vehicles off the road. Once a motor vehicle is OOS, it may not be driven until its safety defects are fixed.

FYI, the CVSA is an international not-for-profit group made up of federal, provincial, territorial, state, and local carrier safety officials, as well as industry reps from the U.S., Canada, and Mexico.

Starting April 1, 2011, the following clarifications in the Criteria go into effect:

Defective Brakes — If a single brake pad or lining isn’t fully functional (i.e., connecting with the braking surface), that brake is deemed defective, even if one of the brake’s linings or pads is functioning properly. This problem often stems from subpar repairs or improper parts, according to the CVSA.

Medical Certificates — Drivers of passenger vehicles will be removed from service if they don’t have a valid medical certificate while driving.

Diesel Exhaust in Cabs — Now, diesel exhaust fumes leaking into the cab/sleeper constitute an OOS condition. (Previously, only gas exhaust leaks were OOS.)

Low Air Pressure Warning Device — This unit must operate continuously if the primary or secondary reservoir is either:
a) 55 psi or below, or
b) at half of the governor cut-out pressure (whichever’s less).

Tractor Protection Valve Failure –  The vehicle will be placed out of service if the trailer supply valve doesn’t close before pressure drops below 20 psi in the primary or secondary system — or if air escapes from either gladhand when brakes are applied after the tractor protection valve has closed.

Air Tanks — The vehicle will be placed OOS if an air tank is separated at either end from the attachment points and can move more than an inch in any direction.

Tires Touching the Vehicle — If the tire contacts another part of the vehicle during an inspection, an OOS condition is in effect.

Tiedown Placement — The CVSA says federal rules require a tiedown for every 10 feet of cargo, but they need not be tied in every 10-foot section. So, as long as enough tiedowns are there, the OOS criteria are flexible.

Electrical Insulation Gets a Pass — “Unsuitable insulation protection to electrical components” is no longer in the OOS criteria for buses’ electrical systems, because the phrase wasn’t adequately defined.

Operating a Vehicle While OOS — They added criteria for operating a commercial vehicle while under an OOS order for failure to comply with §385.308, related to the filing by a new entrant motor carrier of information under a corrective action plan.

I have been working with these guidelines for many years and understand how they may or may not affect you and your case — particularly in the case of a crash.

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In order to be effective, a truck accident attorney must be competent, knowledgeable and working for you. He must have the trial skills to take your case all the way. I have handled numerous truck accidents throughout the United States, many of them similar to those noted below. If you need an attorney or if you’re an attorney looking for co-counsel or a referral arrangement, I’d love to talk to you. Please feel free to contact me at michael@leizerman.com or call me at 1-800-628-4500.

The Star-Telegram reports that an 18-wheeler struck a motorcyclist on Interstate 20 at Matlock Road in Arlington, Texas on February 10 around 4:20pm. Upon impact, the driver of the motorcycle fell onto the shoulder of the interstate and was later pronounced dead at the scene of the accident. The 18-wheeler continued driving from the scene.

NorthEscambia.com reports a semi-tractor wreck on February 11 in Molino, Florida near Escambia county. The driver of the semi-tractor pulled out of Molino Road directly into the path of a Toyota Camry, according to the Florida Highway Patrol. The semi-tractor driver was cited for violation of right of way. The driver of the Camry and 2 teen passengers were injured.

WZZM reports that a snow plow truck struck a teen around 12:45am in Fruitport Township, Muskegon County Michigan on Sunday, February 13. The 19 year old had pulled over on U.S. 31 after his vehicle ran out of gas. He was returning a gas can to his trunk when a passing snow plow truck struck the car, knocked it into a snowbank and dragged the young driver approximately 20 feet. The driver was found dead when police arrived at the scene.

MSNBC reports that a tractor-trailer sideswiped a school bus on Tuesday, February 8 around 2pm on Mississippi Highway 8, approximately one mile from Calhoun City. Immediately following the sideswipe, the tractor-trailer veered into a second head-on collision with another bus. Three adults were killed and seventeen students were taken to a hospital for injuries. One student was airlifted by helicopter.

WHPTV.com reports that a dump truck carrying 24 tons of road salt was in a five vehicle crash on Friday, February 11 at 9:51am. The crash occurred on I-81 South in Susquehanna Township, Dauphin County, PA. The dump truck rear-ended one car, leading to the pile up.The truck rolled over onto a Volvo driver, who was trapped inside and died. Three other people were taken to local hospitals for injuries.

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The Federal Motor Carrier Safety Administration (FMCSA) recently launched a new trucking safety initiative called the Compliance, Safety, Accountability (CSA) program.

The heart of this program is a Safety Measurement System (SMS) that will analyze violations from inspections and crash data. Through these calculations, the FMCSA will be able to identify carriers with a pattern of unsafe practices, and intervene to correct safety violations before they result in catastrophic injuries or deaths.

The new SMS assesses 7 safety improvement categories, called BASICs. The categories are:

• unsafe driving
• fatigued driving
• driver fitness
• substance/alcohol abuse
• vehicle maintenance
• cargo
• crash indicators

Examining data category-by-category can shed light on repeat patterns of unsafe trucking practices.

Companies exhibiting high-risk behavior will be notified and provided with opportunities to correct safety violations before they compound into major issues. The FMCSA and state law enforcement will utilize a variety of tools including warning letters, roadside inspections and compliance reviews. If early warnings are not heeded by the carrier companies, the administration can apply costly fines & penalties.

A final advantage of the CSA is that, in keeping with the Obama administration’s open government initiative, it provides the public with improved access to safety data.

As an experienced truck accident lawyer, I commend the FMCSA for focusing on early intervention. Rogue trucking companies routinely ignore important safety requirements year after year, making the roads less safe for all of us.  The new FMCSA processes will raise the bar for safe trucking practices, and make it easier for authorities to find unsafe companies and bring them into compliance.

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Trucking litigation is very document intensive and governed by hundreds of regulations. Given this, the need for qualified truck accident attorneys to understand all facets of litigation is important. I have handled numerous truck accidents throughout the United States, many of them similar to those noted below. Please feel free to contact me at michael@leizerman.com or call me at 1-800-628-4500.

The New York Post reports that a flatbed truck struck a police officer cruiser from Nassau County while on the Long Island New York Expressway around midnight on February 5. The cruiser was crushed beneath the flatbed truck after being hit from behind. The officer was stuck in the wreckage for approximately 30 minutes. After being freed, he was taken to a Nassau hospital and pronounced dead. The truck driver has been charged with criminally negligent homicide and not moving away from an emergency vehicle.

The Walton Sun reports that a semi-truck carrying fuel caused an accident around 11:45am on Tuesday, February 1 on State Road 20 near Cedar Beach Cove in Freeport, Florida. According to Florida Highway Patrol, a minivan in front of the semi-truck slowed to make a right turn, but the driver of the semi-truck did not properly slow down in time to stop, striking the rear end of the minivan. The driver of the minivan was critically injured in the accident and flown to a hospital. Fuel leaked onto the highway, requiring a hazardous materials cleanup crew for several hours.

Kypost.com reports that a semi truck carrying 250 pounds of diesel fuel lost control on I-275 at Five Mile Road in Anderson Township, Ohio.  On Wednesday, February 2 around 5:45pm., the semi truck struck a guardrail, caught fire and exploded, forcing a nearby minivan to fall off of an overpass. Two people in the van were transported to a hospital where one remains in critical condition.

The Morning Call reports a truck driver was charged with leaving the scene of a fatal accident that occurred on Thursday morning, February 3 at 6:00am in Hatfield Township, Montgomery County, New York. Authorities said that the truck driver had a suspended license when he crashed with a motorcyclist on Route 309 and Sterling Drive. The truck driver covered the deceased motorcyclist with a towel or sheet and then fled the scene. Later that same day, police found the truck along with the driver, who confessed to fleeing.

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State trucking laws vary, and the need for qualified truck accident attorneys to understand all facets of a particular litigation is imperative. I have handled numerous truck accidents throughout the United States, many of them similar to those noted below. Please feel free to contact me michael@leizerman.com or call me at 1-800-628-4500.

WNDU.com reports that a box truck hit a snowmobile Friday night, January 28, in western St. Joseph County, Indiana. The rider was driving southbound on Quince Road, crossing US 20, when the eastbound box truck hit him and dragged him 70 feet. The truck continued to drag the snowmobile another 320 feet before it stopped. Investigators say the snowmobile may have been stopped in the road with mechanical difficulties before the truck accident. The rider was hospitalized with leg injuries, cuts, and missing teeth.

CourierNews.SunTimes.com reports that a big rig changing lanes hit a car and pushed it into a utility pole early Friday morning, January 28. The car’s driver was hospitalized with non-life-threatening injuries. This truck crash happened on Main Street between Congress Parkway and Crystal Lake Avenue in Crystal Lake, Illinois.

WSJ.com reports that a truck flipped onto its side on the West Side Highway (near the 158th Street exit) in New York City on Friday, January 28. Several cars were caught up in the 6:30am truck accident, and four people were taken to nearby Harlem Hospital with minor injuries. A fifth injured person refused treatment.

NewarkPostOnline.com reports that a Delaware Department of Transportation dump truck with a snowplow attachment hit and killed a pedestrian on Thursday, January 27. This fatal truck wreck happened at 6:30am as the truck driver was making a U-turn on Washington Street Extension just west of Philadelphia Pike, near Wilmington.

WPXI.com reports that a car and a coal truck collided early Friday, January 28, on an icy Route 981 in Derry Township, Pennsylvania. Responsibility for the incident has not been assigned, but the elderly car driver was pitched out of her vehicle and died as a result of this truck wreck.

KFDM reports that a big rig hydroplaned, jackknifed, and slid several hundred feet atop an I-10 retaining wall in Beaumont, Texas, on Sunday afternoon, January 30. While sliding on its fuel tanks, the semi wrecked two light posts and sent one of them plus other debris flying, some of which hit a car. One person in that vehicle was hospitalized with minor injuries after the truck accident. Fuel from the truck’s ruptured tanks caught fire and closed all lanes of I-10 in both directions near MLK.

WMUR.com reports that a propane truck rear-ended a minibus in Farmington, New Hampshire, on Wednesday, January 26. The truck accident happened on Route 11 eastbound near Central Street, where the minibus was slowing to turn left when the truck hit it. Six people were injured, including the truck driver, and two were hospitalized. The truck also hit a utility pole, which caused some outages.

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