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    Transportation accident News and Cases

    1 Child Dead After 2-Vehicle Accident on I-35W in Burleson

    “One child was killed this afternoon in a fatal traffic accident involving a sport utility vehicle and a tractor trailer on Interstate 35W, Burleson police said.

    Four others who police believe are related to one another were injured in the collision shortly after noon in the 3800 block of south Interstate 35W, police said.” For full story, click here.

    Fiery Crash Claims Life Of Central Texas Truck Driver

    “Bobby Cox, 61, of Gatesville died Tuesday in a fiery crash involving three 18-wheelers and a pickup truck on Highway 6 south of Calvert.

    The accident occurred Tuesday when an 18-wheeler driven by Ronnie Bernard, 38, crossed the centerline of the highway, clipped a second rig and then hit a third 18-wheeler head on.” For full story, click here.

    Trucking Under Influence

    “As if driving on the nation's highways weren't harrowing enough already, now comes a new study warning of gaping flaws in drug and alcohol testing programs for commercial truck drivers and in the federal agencies charged with oversight.

    An investigation by the Government Accountability Office found widespread refusal by trucking companies to conduct mandatory testing. Nine percent of the nation's carriers have no drug testing program at all in glaring defiance of requirements that all drivers be tested.” For full story, click here.

    Technology and the Tired Trucker: Why the Trucking Industry Resists Onboard Recorders

    “In April 2004, an 18-wheel tractor-trailer owned by Swift Transportation ran a stop sign at a highway intersection near Hutchinson, Kan., and slammed into a Chevy Suburban, killing a Wichita businessman. The man's family sued, claiming that the driver had been fatigued. Swift, which relied on its drivers to keep paper logbooks to record their hours, couldn't produce the documentation. It lost the case. In December, the courts imposed a $36.5 million judgment against the company.” For full story, click here.

    Truckers Avoid Weigh Stations By 'Dodging The Scales'

    “Hundreds of thousands of truckers are on Texas roads with you every day. One of the ways our state helps ensure your safety is by mandating stops at weigh stations.

    KXAN Austin News has uncovered a legal loophole, allowing some drivers to skate through under the radar. In trucker lingo, it's called 'dodging the scales'.” For full story, click here.

    Big Rig Safety Effort Revs Up

    “Truckers keep on truckin’ — and getting into accidents.

    In a new report, the state Department of Transportation says total truck miles in Oregon increased by 8 percent between 2001 and 2006. But the rate of truck crashes in which the truck driver was at fault climbed by 22 percent in the same six-year span.” For full story, click here.

    Fatigue Behind Deadly Truck Crashes?

    “How safe do you feel speeding down an interstate next to those big 18-wheelers?

    Truck drivers are often among the most experienced drivers, but those long hours on the road can lead to trouble.

    Just this week, an erratic, wrong-way truck driver caused a fiery crash on I-75. Dash cam video of that out of control tractor trailer along Interstate 75 in Turner County leads to a lot of questions and few answers. The driver, 63-year old Robert Harrison, died in a fiery crash. What caused that crash remains a mystery.” For full story, click here.

    Janet, Jenner & Suggs Uncovers Company Cover Up and Destroyed Evidence to Win Wrongful Death Lawsuit

    Washington, DC—“Attorneys at the offices of Janet, Jenner & Suggs recovered a $2 million settlement for the family of a man in a wrongful death action against Henry's Wrecker Service. The settlement, which occurred mid-way through trial, revealed countless instances of efforts by the tow truck company to cover up and destroy incriminating evidence.” For full story, click here.

    General Aviation Revitalization Act of 1994

    General Aviation Revitalization Act of 1994 (GARA) granted immunity to General Aviation aircraft manufacturers against lawsuits for defects in products older than 18 years. The manufacturers lobbied Congress for this Act, because their insurance premiums were too high. The Act enabled manufacturers to escape liability for defective aircraft. Automobile, boat and recreational vehicle manufacturers have no immunity for their products.


    Transportation Related Personal Injury Cases*

    Pickup Truck Burst into Flames when Forced Off the Road by 18 Wheeler

    Two brothers were heading west on I-26 near Columbia, SC in a pickup truck, when an 18 wheeler, with a sleepy driver, forced them into the median. The pickup burst into flames. One brother escaped almost unharmed, but was badly burned when he went back in to rescue his trapped brother. Both had third degree burns over two thirds of their bodies. The deposition of the truck driver revealed that, although he was not injured in the collision, he did nothing to help in the rescue because he was afraid of being burned himself.

    A confidential settlement was awarded to the brothers and their families.

    Young Woman Killed by Improper Operation of Commercial Truck

    A young woman on her way to work was killed by improper actions of a commercial truck. A garbage truck operated by Waste Management was headed the other way on a two lane road, intending to turn left into a parking lot for pickup of industrial plant waste. The truck was the type that has two arms on each side of the cab that fit into the big can. The driver lowered the arms, while on the road, then turned left directly in front of the young woman. The arms went through her windshield, decapitating her.

    Discovery revealed that the safety policy required that the arms not be lowered while the truck was in motion, but that the driver's trainer had himself lowered the arms while moving during the training session. Discovery also revealed that the company's drivers were trained on a safety system called the Smith System. When the driver's foreman was given the Smith system test during his deposition, the foreman could not give a single correct answer. The attorneys and staff of Janet, Jenner & Suggs also learned that, although there was a policy requiring supervisory personnel be penalized for serious safety violations, all such personnel received their full bonuses at year's end following this collision.

    The case was settled for a confidential amount.

    Verdict In A Case Where City Refuses To Accept Responsibility Over Police Car Incident

    Larry Ingram was driving a tanker truck on a four lane highway near Columbia, SC, where the City of Columbia Police Department was conducting training operations on and alongside the same road. The Department was breaking in police horses, getting them used to traffic. An unmarked car was parked on the side of the road, heading in the same direction as Larry's truck. In order to position the car between Larry and the horses, the driver pulled into the lane of traffic. Larry could not stop and rear ended the officer.

    Larry suffered a neck injury, which did not immediately manifest itself. After over a year went by, he needed fusion surgery on his neck.

    The City refused to settle the case, contending Larry's negligence was greater than theirs, and further claiming that the injuries were pre-existing and not caused by this wreck.

    The trial resulted in favor of Larry.

     

    * These are representative cases. The results obtained in each of the cases we have worked on were dependent on the particular facts of that case.

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