Fiery tractor trailer crash in Texas

Ken Shigley is a truck, bus and product safety attorney based in Atlanta, Georgia.

Written by Ken Shigley on February 10th, 2008 with comments disabled.
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Factors in reconstruction of tractor trailer rollovers

Accident reconstruction experts are important in many complex tractor trailer crashes.  Following are some of the factors that the reconstruction expert may consider in such an analyis, as summarized by my Tennessee co-counsel Morgan Adams:

Center of mass formula. The formula to determine the center of mass location is: the total moments ÷ the total weight = the center of mass.

Datum used for accident reconstruction measurements (a datum is an imaginary plane from which all measurements are taken), arm (the distance that a weight is located from the datum), moment (the product of weight x its lever arm).

Track width - Measured to the center of the tire, or to the center of the dual wheels.

Rollover threshold – a ratio of vehicle center of mass-to-track width. This predicts at what lateral acceleration the vehicle or component will roll over.

Rollover threshold formula – the rollover threshold formula is: rollover threshold = track width ÷ height of the center of mass. RT = 1/2 TW/CM
If the rollover threshold exceeds the coefficient of friction of the road surface, there will be a spin out instead of a rollover.  If the rollover threshold is larger than the coefficient of friction, and the vehicle rolled over, there is a mistake somewhere in your calculations or measurements. Therefore, if the coefficient of friction of the road surface is .40, and the rollover threshold is .46, the vehicle should spin out.

Rollover velocity formula – the rollover velocity formula is: rollover velocity = √ radius of the curve x gravity x rollover threshold. As the combined center of mass displaces laterally, it is no longer perpendicular to the track width. The effective track width (TW1) should be determined by measuring the distance from the center of the dual wheels to a point perpendicular to the shifted location of the combined center of mass. This is done by subtracting x from TW. To see how much this would change the original result, subtract x from the track width and recalculate the velocity formula. By allowing for center of mass displacement, the speed is lowered by 5 miles per hour. Therefore, suspension displacement has to be accounted for in reconstructions.

The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, and dump truck wrecks.

Written by Ken Shigley on January 5th, 2008 with comments disabled.
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Truck driver in Illinois falls asleep, causes fatal crash in contruction zone

Truck driver fatigue was the apparent cause of a fiery crash in a construction zone on I-39 in Illinois on January 2nd.  The truck driver admitted that he fell asleep entering the construction zone.  The tractor trailer crashed into multiple vehicles, killing three innocent travelers.

I don't just represent people who are run over by tractor trailers. I also represent truck drivers and their widows, and hear a lot of scary tales of how truckers are required to violate hours of service rules despite crushing fatigue in order to make impossible delivery schedules.  It is mind boggling that the Federal Motor Carrier Safety Administration continues to yield to trucking industry pressure to avoid requiring electronic monitoring of hours of service.  As long as the hours of service rules are enforced only through easily falsified paper logs, we will continue to see fatigue-related carnage on the highways.

The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks.

Written by Ken Shigley on January 5th, 2008 with comments disabled.
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Truck Safety Coalition sponsors Sorrow to Strength Conference

The Truck Safety Coalition is hosting its 2007 Sorrow to Strength Conference at Arlington, VA, on March 10-13, 2007.

Sorrow to Strength is designed for survivors of truck crashes and families/friends of those who have died or been injured. The conference allows survivors to come together for a weekend of sharing, remembrance, workshops and public policy actions to advance truck safety. This conference is open to all survivors, advocates, and legal/medical professionals interested in advancing truck safety.

The last Sorrow to Strength Conference in 2005 produced an agenda of important truck safety priorities, included visits arranged by TSC staff with key lawmakers in Congress and senior officials with the U.S. Department of Transportation, and release of a report comparing truck safety in each state at a press conference in Washington, DC. This year's conference comes at a critical crossroads in truck safety, as trucking interests seek to roll back truck safety rules and laws.

WHEN: Saturday, March 10th - Tuesday, March 13th, 2007

WHERE: Hilton Garden Inn - Arlington/Courthouse Plaza. For reservations, call the hotel directly at 1.877.STAYHGI (1.877.782.9444) or 703.528.4444.

COST: With the Truck Safety Coalition Group/Convention Code (TSG), Friday, Saturday and Sunday is $99 per room per night (tax not included) and $189 for Monday night. There is no fee for the conference itself. Scholarship funding is available to assist with travel costs.

This conference will be organized to discuss both personal experiences and how to work as a powerful, effective constituency. Throughout Sorrow to Strength, you will have the opportunity to meet with safety experts, elected officials, and safety supporters. You play an important role in the fight to improve truck safety and bring down truck crash deaths and injuries. Please, join us for this important meeting.

For more information or to answer any questions about Sorrow to Strength contact the Truck Safety Coalition at crash@trucksafety.org or 1.888.353.4572. For more information see  www.trucksafety.org.

The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks.

Written by Ken Shigley on January 25th, 2007 with comments disabled.
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Top 10 Causes of Truck Wrecks

Allen Smith, a former truck driver who publishes the TruthAboutTrucking.com blog, has listed the "Top 10 Causes of Truck Accidents" as follows:

1. Prescription Drug Use 26%
2. Traveling Too Fast 23%
3. Unfamiliar with Roadway 22%
4. Over-the-counter Drug Use 18%
5. Inadequate Surveillance 14%
6. Fatigue 13%
7. Illegal Maneuver 9%
8. Exterior Distraction 8%
9. Inadequate Evasive Action 7%
10. Aggressive Driving Behavior 7%

The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks.

Written by Ken Shigley on January 24th, 2007 with comments disabled.
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Fatigue-alyzer?

Driver fatigue is a major cause of highway accidents, including those involving long-haul truckers.  However, it can be difficult to prove fatigue was the cause of a crash since the crash itself wakes up the driver, despite the occasional confession and the strong inferences that can be drawn from truck driver logs that are not "comic books."  Now, however, there is scientific research pointing toward the possibility of a "fatigue-alyzer." A research group at Washington University in St. Louis recently stumbled upon a connection between the digestive enzyme amylase and drowsiness.  For an effective real-world test, researchers need to find a half-dozen or so markers that correlate with drowsiness.   While we may be years from having a working "fatigue-alyzer," the feasibility of such a test points the way to a deterrent to overly tired drivers, just as blood alcohol tests help to deter people from driving while intoxcated.

The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks.

Written by Ken Shigley on December 12th, 2006 with comments disabled.
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Ex-convicts reported to have high accident rates as commercial truck drivers

 Of 953 truckers faulted in fatal crashes from 2000 through 2005, a  Dallas Morning News investigative report found, at least one in four had been convicted of a criminal offense or received deferred adjudication before the crash.  Over 14 percent had committed drug or alcohol offenses prior to their accidents, and more than one in 10 were felons.  At least 137 truckers had one or more criminal offenses in the 10 years prior to their fatal accident. At least 72 had an offense within five years, and 28 truckers had at least one offense in the two years before their fatal accident.  A shortage of qualified truck drivers  leads trucking companies to hire more drivers with serious criminal records.  In Texas, according to the report, there were 80 truckers faulted in accidents from 2000 through 2005 who received their commercial driver's licenses at the two prisons where the truck-driver training program is offered.

The report notes that while most trucking companies will not hire a driver with a DUI conviction in the past five years, they do not otherwise exclude drivers with criminal records.  Employers have an incentive for hiring felons --  a federal tax credit of $2,400 on the first $6,000 an ex-offender earns under a provision established to encourage employers to hire individuals from groups with a high unemployment rate. The report  tracks the  apparently disproportionate safety problems of truck drivers who earned their CDL in Texas prisons.

While it is important that former offenders have opportunities for legal and gainful employment, felony records may be admissible in evidence. Both Federal Rule of Evidence 609 and Georgia Code Section 24-9-84.1 (enacted in 2005) include similar provisions to the effect that a witness, other than a criminal defendant, can be impeached with evidence of a conviction punishable by death or imprisonment of one year or more, essentially a felony, if the "probative value of admitting the evidence outweighs its prejudicial effect to the witness." A witness can be impeached with evidence of conviction of a crime involving "dishonestly or false statement."  Both Federal and Georgia law prohibits the use of a conviction that is more than ten years old unless the court determines that the probative value of the conviction substantially outweighs its prejudicial effect.

In light of the Texas study, lawyers representing plaintiffs in commercial motor vehicle collision cases may find it worthwhile to conduct independent investigations of the criminal histories of truck drivers, at least for the previous ten years.  Such inquiry should go beyond merely asking the question of the defendant.

The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks.

Written by Ken Shigley on December 11th, 2006 with comments disabled.
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Trucking records too often go missing after wrecks

An article in today's Dallas Morning News explains the obvious: "Trucking companies sometimes go to extraordinary lengths to avoid admitting fault in fatal accidents. They purge onboard computers, falsify records and destroy documents that federal law requires them to keep."

We've seen it too often. 

The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks.

Written by Ken Shigley on September 17th, 2006 with comments disabled.
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Trucker who killed 5 college students in Indiana was way over legal hours

The trucker who killed 5 students and injured 4 when he crashed into a Taylor University van in Indiana last April was grossly over the legal hours of service.  Federal Motor Carrier Safety Regulations limit interstate commercial truck drivers operators to no more than 11 hours of driving time following 10 hours off duty and prohibit driving after the 14th hour since starting work. At the time of the collision he was found by investigators to be more than 9 hours in excess of the 11-hour rule and 10 hours in excess of the 14-hour rule. 

He was also talking on his cell phone and driving with the windows open and air conditioning on full blast in cool weather, presumably to try to stay awake. He now faces criminal prosecution on five counts of reckless homicide and four counts of criminal recklessness resulting in bodily injury.

Most trucking companies and truck drivers are reasonably conscientious about safety.  However, too many are not.  We are litigating a case right now in which a truck driver had destroyed log pages for previous days, substituted those with pages falsely showing that he was off duty, and back up the times on the log for the trip he was on in order to "accommodate" the return trip, and eventually confessed to me that he had been driving 20  of the previous 24 hours.  We found that the owners of the trucking company had personally decided to dispatch him to drive from northeastern Ohio to Atlanta as soon as he returned from the same trek, and he began the return trip after sleeping only an hour in a shipper's parking lot.  However, the company owners who cared so little about safety that they would dispatch a virtually brain dead truck driver across the country to drive an 80,000 pound tractor trailer through the night also chose to cancel their company's excess liability insurance policy.  There will never be true justice in that case, as we will not be able to reach reach the personal assets of the men who made those deliberate choices.

However, there is a legal theory, which unfortunately the judge in that case did not accept, for personal liability of those who dispatch truckers who cannot possibly make their trips legally. 
I have heard from trucking company safety directors that while their bosses have little concern for safety per se, the possibility of personal liability may inhibit reckless dispatching decisions.

Perhaps if the Indiana prosecutor would also prosecute the trucking company officials who chose to put the truck driver in the position of driving nine hours past the legal limit, it would have a salutory effect on public safety throughout the United States.  That's what they do in Japan.

The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks.

Written by Ken Shigley on September 2nd, 2006 with comments disabled.
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New study focuses on hazards from truck drivers with sleep apnea or who get less than 5 hours sleep

The latest published study on truck driver fatigue hazards, conducted by researchers at the University of Pennsylvania School of Medicine, was published in todays' issue (8/15/06) of the American Journal of Respiratory and Critical Care Medicine.  Dr. Allan Pack who headed the study said the tired truck drivers had impaired performance similar to that of drivers who are legally drunk.

Penn researchers examined 406 truck drivers and found that those who routinely slept less than five hours a night were likely to fare poorly on tests designed to measure sleepiness, attention and reaction time and steering ability.  Drivers with severe sleep apnea, a medical condition that causes a poor quality of sleep, also were sleepy and had performance impairment.

The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a "SuperLawyer" in Atlanta Magazine and one of the "Legal Elite" in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks.

Written by Ken Shigley on August 15th, 2006 with comments disabled.
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