Lawyers.com Blog

Overview on Trucking Safety

nospam@example.com (Joshua P. Hayes) — Wed, 03 Mar 2010 09:10:30 -0500

Federal Hours of Service Regulations

The Hours of Service Regulations are issued by the Federal Motor Carrier Safety Administration (FMCSA), a division of the Department of Transportation. They govern operation of a commercial motor vehicle (trucks, buses, etc.) utilized for the purpose of interstate commerce (shipping goods from one state to another). The regulations limit the number of hours that are spent driving or working not only on a daily basis, but on a weekly basis as well. They also regulate the number of hours a driver must rest between shifts.

By law, drivers are required to keep a logbook to track the number of hours driving and resting. Some carriers may use an electronic on-board recorder that automatically tracks the hours driving and the hours at rest.

The Hours of Service Regulations were enacted to prevent accidents caused by driver fatigue. The FMCSA tries to keep drivers on a 21-hour or 24-hour shifts to help maintain a natural sleep and wake cycle. The drivers are required to take a minimum rest period. They are also required to take longer ‘weekend’ periods of rest in order to replenish after the cumulative fatigue accrued during their workweek. If a driver violates the Hours of Service Regulations, he/she may be forced to stop driving for period. This may negatively affect his/her motor carrier’s safety rating.

Statistics from the FMCSA show a strong correlation between the number of hours spent driving and the number of accidents caused by fatigue. Studies also show that the greatest risk of a fatigue-related accident occurs between midnight and 6 am. The risk is also related to the total length of the driver’s trip.

The FMCSA made the latest changes to the Hours of Service Regulations in April 2003, which went into effect as of January 2004. According to their studies, the changes made could save 75 lives annually and prevent over 1,300 fatigue-related accidents annually. The FMCSA is also in the process of researching electronic on-board recorders and other technologies to enforce the Hours of Service Re

The Tuscaloosa automobile accident lawyers of Prince Glover Law, 877.793.4216, can assist their existing and potential clients in their trucking injury cases.

Most Dangerous Roads for Drivers

nospam@example.com (Joshua P. Hayes) — Wed, 06 Jan 2010 15:37:44 -0500

What makes a road dangerous?

Traffic volume, traffic patterns, and the types of vehicles on a road at any given time may responsible for hazardous driving circumstances.
Poor road and highway design that results in roads that are too narrow, or have inadequate shoulders, excess curves or unsafe intersections can all contribute to traffic accidents.
Improper road maintenance, including potholes, erosion from flooding, and frost damage can all lead to dangerous road conditions and sometimes road construction is a direct cause of auto accidents.
Weather conditions can make roads slippery, cause flooding or obstructions, or cause problems with visibility and may lead to injury in Tuscaloosa.

2008 was the safest year on Alabama’s highways in 23 years according to a press release by Governor Bob Riley's office on January 6, 2009. The Alabama Department of Transportation (DOT) has added guardrails along interstate highways and is undertaking a $50 million project to add two additional feet per lane to rural two lane highways. Once regarded as the “highway to hell” and called by Readers Digest “one of America’s most dangerous highways,” US 431 is now undergoing construction along a 16 mile stretch in Russell County to increase to four lanes.

The state of Alabama is committed to improving road safety and can be proud of the latest statistics showing that its efforts are paying off. Most vehicle accidents, however, are caused by driver behavior which points to safer driving practices and better compliance with traffic laws as means to further increase highway safety.

This article was provided by Alabama trucking accident settlement attorneys at Prince Glover Law, 877.793.4216.

Who's Liable for Injuries of Truck Accident Victims?

nospam@example.com (Joshua P. Hayes) — Wed, 02 Dec 2009 15:42:56 -0500

Truck accidents are some of the worst accidents on record. They are different from other accidents due to the size and weight of the trucks. Truck accidents also result in more serious injuries and deaths.

In most states, if the truck driver was liable in the accident, then he/she is also liable for the injuries incurred by the other accident victims. In addition, the respondent superior laws (also known as vicarious liability) may also hold others associated with the truck liable for the accident including:

The owner of the truck or tractor
The owner of the trailer
The insurance carrier for the truck or tractor
The insurance carrier for the trailer
The shipper and/or loader if the load was done improperly (uneven distribution of load weight, failure to secure load properly, etc.)
The owner or operator of any property, public or private, whose negligence may have contributed to the accident
The manufacturer of the truck, truck parts, or other equipment where a product failure, defect, or design flaw contributed to the accident
The truck leasing company
The road authorities, federal, state, or local, if insufficient maintenance of the road or poor design of the road contributed to the accident

Due to the nature of trucking accidents, the laws of different states may all be applied to the truck accident. Therefore, it is important to work with a truck accident attorney.

For example, the owner of a truck is located in North Carolina. The owner was hired by a company in Florida to haul some of their trailers to a new facility in New York. While en route, the truck was involved in an accident in Delaware. Therefore, the trucking accident laws of Delaware, Florida, and North Carolina may all be applied to the accident.

This article has been provided by Prince Glover Law, Tuscaloosa, Alabama truck accident lawyers, 877.793.4216.

Who should report reckless driving?

nospam@example.com (Joshua P. Hayes) — Tue, 03 Nov 2009 11:27:13 -0500

Drivers all share the rights to safe driving conditions and a corollary responsibility to prevent danger to others on the road by reporting reckless driving to the authorities. We have all witnessed reckless driving at one time or another; but do we report it? Most often those who observe a driver operating an automobile or other vehicle in a reckless manner don’t report the incident. Many believe that they are powerless when it comes to reckless drivers or unsure about where to make such a report.

This article was provided by trucking accident attorneys at Prince Glover Law in Tuscaloosa, 877.793.4216, www.princelaw.net.

Mistakes that can Jeopardize a Personal Injury Case

nospam@example.com (Joshua P. Hayes) — Fri, 09 Oct 2009 09:18:28 -0400

There are many important steps involved when filing a personal injury lawsuit. Along the way, mistakes often occur that may jeopardize your lawsuit and your ability to receive the compensation you deserve.

For the purposes of this discussion, we will use road traffic injuries as an example of how personal injury lawsuits may be fraught with peril.

Personal Injury Lawsuits in Tuscaloosa – Road Traffic Injuries

After suffering injuries in a road traffic accident, you (the “plaintiff”) may file a lawsuit against the responsible party (the “defendant”) for damages. You will learn quickly, however, that it is best to contact a Tuscaloosa personal injury lawyer to handle your case.

¿ Personal injury lawsuits are complex, and you should hire a law firm that specializes in personal injury litigation.
¿ A personal injury law firm will listen to the facts of your case and help you determine if you have grounds for a lawsuit.
¿ Never negotiate, sign papers, or consider settling your case without first speaking with an injury lawyer in Tuscaloosa.

Reporting Reckless Truck Driving in AL

nospam@example.com (Joshua P. Hayes) — Wed, 09 Sep 2009 10:54:27 -0400

According the Alabama state code, any person who drives any vehicle carelessly and heedlessly in willful or wanton disregard for the rights or safety of persons or property, or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or property, shall be guilty of reckless driving.

This article was provided by trucking accident attorneys at Prince Glover Law in Tuscaloosa, 877.793.4216, www.princelaw.net.

Driving Tips for Youthful Drivers

nospam@example.com (Joshua P. Hayes) — Mon, 29 Dec 2008 15:27:17 -0500

Driving Tips

Youthful Drivers: If you are a young driver, keep in mind that you are inexperienced and need to focus while you are driving. Pay attention keep your eyes on the road and your hands on the steering wheel at all times. Concentration is the key to effective and responsible driving. You should not drive after it is dark until you are experienced enough to know how to handle night driving. Most states do not allow drivers under the age of 18 to drive after 11 pm because of the high rate of automobile accidents that occur during nighttime driving hours.

This article is written by Josh Hayes an Alabama Attorney.