Accidents caused by tractor trailer drivers and others involved in the transportation of goods on interstate highways is a growing concern. Despite the advancement of technology, such as Collision Avoidance Systems, onboard inward and forward-facing video cameras, and electronic driver records of duty status, crashes continue to occur at an alarming rate.
Impact of a Tractor Trailer Collision
The National Highway Traffic Safety Administration (NHTSA) has reported a growing number of deadly truck crashes. In fact, in 2021, there was a 13% increase in the number of deaths caused by tractor trailer crashes. In 2021 alone, there were over 5,600 deaths caused by collisions with tractor trailers in the United States.
Survivors of truck crashes are often badly injured, and many suffer from permanent injuries such as paraplegia, quadriplegia, brain injury, loss of limb, and debilitating back and neck problems.
When a tractor trailer is involved in a motor vehicle accident, the injured individuals or their estate must reach out to an experienced personal injury attorney in Virginia who has extensive knowledge about not only the devastating injuries but also the highly technical statutes, regulations, and standards that apply to truck drivers, motor carriers, and others involved in the transportation of goods on interstate highways. It is imperative that injured individuals and estate representatives do their research to find a personal injury law firm that has the size and strength necessary to investigate, hire experts, and litigate in both state and federal courts.
A recent horrific crash is illustrative of the threat to motor vehicle occupants on Virginia highways when a driver fails to follow safety rules and regulations designed to prevent the exact scenario that ultimately resulted in devastating injuries and death.
On December 16, 2022, a tour bus was traveling east on Interstate 64 near Williamsburg, Virginia. It was past 1:30 a.m. and presumably the innocent occupants of the bus were resting comfortably on their way to their tourist destination. The driver of the tour bus was experiencing a mechanical problem with the bus, which prevented him from going more than 20 mph – 25 mph on the dark highway. The posted speed limit was 65 mph. The bus's headlights and taillights were functioning properly at the time of the crash.
Unbeknownst to the tourists on the bus, a tractor trailer was approaching them from the rear – travelling between 65 mph and 70 mph. The driver was using his cruise control. Without warning, the tractor trailer collided with the back of the bus, spinning it sideways and knocking it through a guardrail and into the oncoming lanes of travel.
According to the August 12, 2024 NTSB Highway Investigation Report HIR-24-05: "As a result of the crash, three bus occupants died, 9 sustained serious injuries, and 11 sustained minor injuries."
The NTSB's investigation revealed: " . . . The truck driver's lack of response to the slow-moving vehicle . . . was due to fatigue from excess driving time and lack of sleep . . . The truck's motor carrier . . . created fictitious driver accounts for its vehicles' electronic logging device systems that enabled drivers to be operated beyond federal regulations, creating an opportunity for fatigued driving."
As a result of the crash, the NTSB issued six new safety recommendations and reiterated prior safety recommendations from other crash investigations. Unfortunately, such recommendations are not mandatory and often go unaddressed by state and federal agencies and some motor carriers.
Mitigating Risk
We have all contributed to the high cost of interstate highways and refraining from traveling on them is simply impractical given the growing congestion on secondary roads. However, there are a few things each of us can do to reduce the likelihood of becoming victims of another driver's negligence.
First, be an alert and conscientious driver, or passenger, at all times. Keep your head on a swivel and look around for potential signs of danger, such as tractor trailers headed in your direction without a clear indication that they are turning away from you or appropriately slowing down. Leave yourself an escape route at all times. Do not get so close to the vehicle in front of you that you cannot escape to another lane or off the highway if necessary. Avoid driving when other drivers are the most fatigued. My father-in-law used to caution me and my wife with the following statement: "Nothing good happens after midnight." This applies to motor vehicle accidents just like it does other dangerous situations. People in general are programmed to sleep during the night and therefore late-night driving is much more dangerous.
Keep your vehicle in excellent mechanical working order or do not use the interstates. Use your lights, blinkers, horn, flares, triangles, and anything else that will bring attention to your vehicle when you are in any way vulnerable. Preach these things to your loved ones and friends. True – accidents are going to happen.
Financial Impact and Protection
Accidents caused by negligent individuals needlessly burden those who are injured, who must often bear the financial burden of the crash. Trucking companies are only required to carry $750,000 in insurance coverage. Protect yourself and your family by getting your own underinsured or uninsured motor coverage which will be available to you and your passengers should you sustain devastating injuries from the negligence of someone else. Such insurance is relatively inexpensive and easy to purchase. Moreover, everyone should make sure to have an umbrella policy with at least $1 million that includes UM and UIM coverage. If (when) you or a loved one has an accident, you will be thankful you followed this important advice.
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