Articles Posted in Truck Accidents

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The Large Truck Crash Causation Study commissioned by the Federal Motor Carrier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA) of the United States Department of Transportation (DOT) concluded that: “Drivers of large trucks and other vehicles involved in truck crashes are ten times more likely to be the cause of the crash than other factors, such as weather, road conditions, and vehicle performance.” The Large Truck Causation Crash Study was based on a review of the pre-crash contributing factors and causes of large truck crashes involving commercial motor vehicles nation-wide. Of significant interest is that the Large Truck Causation Crash Study found that the critical reason for 43% of all truck crashes caused by tractor trailer drivers was the large truck driver’s decision errors, including driving too fast for conditions to be able to respond to unexpected actions of other road users; driving too slow for traffic stream; misjudgment of gap or other driver’s speed; following too closely to respond to unexpected actions; false assumption of other road user’s actions; making an illegal maneuver; taking inadequate evasive action, e.g. braking only, not braking and steering; aggressive driving behavior; and driving too fast for a curve/turn.
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On January 4, 2010, and 18 wheeler being operated by a Jonesboro, Louisiana man traveling northbound on U.S. Highway 167 near the Jackson Parish and Winn Parish line crossed the center line and struck an oncoming car being operated by a Winnfield, Louisiana woman. Both drivers were killed.

While Louisiana is a pure comparative fault state, meaning that the fault of each person, however slight, must be apportioned, a driver who crosses the center line and strikes a vehicle in its proper lane of travel is presumed to be at fault for causing the auto accident.
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Effective January 1, 2010, new minimum liability limits of 15-30-25 for automobile insurance will go into effect in the State of Louisiana. The minimum limits are currently 10-20-10. For auto insurance policies issued after January 1, 2010, victims of Louisiana car wrecks will have at least $15,000 per person / $30,000 per accident in available bodily injury liability insurance available to compensate them for the injuries and damages caused by a Louisiana insured driver. Under Louisiana law, insurers are also required to offer underinsured and uninsured (UM) motorist bodily injury liability coverage to their insureds in the same amount as the bodily injury liability insurance.

Prior to the change in Louisiana law, Louisiana was one of only two states in the United States with minimum automobile bodily injury liability limits of 10-20-10, with the 48 other states having higher liability limits. Even with the improvement in Louisiana law, Louisiana is still one of only nine states with 15-30 or less in bodily injury liability limits. Texas, Mississippi and Arkansas all have minimum automobile bodily injury liability limits of 25-50-25. Hopefully, the Louisiana Legislature and Governor will see fit one day to place Louisiana accident victims on the same level of financial protection as the accident victims in our neighboring states. Until then, Louisiana will continue to rank at or near the bottom of yet another national list.
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On December 7, 2009, an 18 wheeler tanker truck overturned on the I-49 on-ramp at U.S. Highway 190 in Opelousas, Louisiana. The tractor tanker reportedly leaked sodium hydroxide, which is a hazardous chemical that can cause burns on the skin. According to Baton Rouge, Louisiana truck accident attorney, Scott Andrews, accidents involving overturned tractor trailers on interstate on-ramps and off-ramps are usually “avoidable accidents.” Tanker drivers must have a tank endorsement to operate a tanker, which endorsement is intended to ensure that the tanker operator has been trained in how to operate a tanker and its constantly shifting liquid contents. If the tractor tanker is operated in a safe manner and at a safe speed, the 18 wheeler should not overturn.

Fortunately, no one appears to have been harmed by the toxic and hazardous chemical reportedly spilled. Unfortunately, the truck driver and his employer may escape from any liability because no one was injured. Prior to the 1996 tort reform in Louisiana, operators of trucks transporting toxic and hazardous substances could be punished by awards of punitive or exemplary damages for their wanton and reckless conduct. Now, trucking companies that act in a wanton or reckless manner are no longer subject to punishment, and can only be held liable for the actual harm they cause.
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Two adults and thirteen children were riding in a mini-van on Interstate 10 in Ascension Parish, Louisiana, around mid-night on November 28, 2009, when a tire blew out, causing the mini-van to strike a box truck in the adjacent lane. The mini-van rolled over several times, ejecting the thirteen unrestrained children. The driver and five of the children are confirmed dead.

This is a terrible tragedy and our hearts and prayers go out to the families of all involved. If the Ford/Firestone rollover/blow-out litigation taught us anything, it is that tire blow-outs and vehicle roll-overs are a dangerous, and often fatal, combination. A properly designed and manufactured tire should not blow-out unless the tire suffers impact damage or has been improperly installed, inflated or maintained. And, a vehicle that sustains a tire blow-out should not rollover under expected and reasonable evasive maneuvers. Any time a tire-blow occurs and a death or serious injury occurs, the tire and vehicle should be preserved so that failure analysis can be conducted. Without the tire and vehicle, it is virtually impossible to determine the cause of the blow-out and rollover, and any legal rights the victims might have against the tire and vehicle manufacturer may be lost.
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Three young adults from Farmerville, Louisiana, were killed on Friday, November 27, 2009, when the driver of their car ran a stop sign at Louisiana Highway 33 in Union Parish and drove directly into the path of a Freightliner Log Truck.

So far this year, 36 fatal car crashes in northeastern Louisiana have caused 42 deaths.
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18 Wheeler Driver who did not Follow Training 60% at Fault for Livingston Parish, Louisiana Accident. In Brewer v. J.B. Hunt Transport, Inc., 9 So.3d 932 (La.App. 1 Cir. 2009), an 18 wheeler driver changed lanes on a multi-lane highway in Livingston Parish and was rear-ended by a following motorist. A Livingston Parish jury found the truck driver free from fault and found the rear-ending motorist 100% at fault. On appeal, the Louisiana First Circuit Court of Appeal reversed. The Court of Appeal found that the truck driver was 60% at fault for disregarding his training as a professional truck driver and for acting negligently in attempting to make a lane change across the solid white lane line, which requires extreme care or caution, as mandated by the Louisiana Driver’s Guide which provides that such maneuvers may only be made with “great care.” The Court of Appeal also found the rear-ending motorist to be negligent for failing to keep a proper lookout and to timely react to the situation caused by the truck driver. Although the following motorist initially made a rightward steering maneuver in response to the movement of the 18-wheeler, he failed to anticipate that the 18-wheeler would slow its speed and would not be able to completely move into the left lane before being stopped by traffic ahead caused by the merging of the two lanes of traffic. The Court of Appeal specifically found that the following motorist breached the duty to timely apply his brakes.

The Court of Appeal concluded that the following motorist contributed to the accident, but was not the primary cause of the accident. He was plainly unaware of the danger and was merely inattentive. The truck driver, by contrast, had the ability to discern from his high vantage point that he could safely and promptly complete his lane change before crossing over the lane line. The magnitude of the risk created by the 18-wheeler and the careless manner in which he attempted to change lanes; his knowledge as a professional truck driver of the danger involved in lane changes, especially across a solid white lane line; his greater experience and training; and the magnitude of the harm created all supported a finding that the truck driver and his employer should bear a greater degree of liability. Accordingly, the Court of Appeal assigned 60% fault to the truck driver and his employer and 40% fault to the following motorist, and awarded total damages in excess of $13,000,000.
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In Brewer v. J.B. Hunt Transport, Inc., 9 So.3d 932 (La.App. 1 Cir. 2009), an 18 wheeler driver changed lanes on a multi-lane highway in Livingston Parish and was rear-ended by a following motorist. The following motorist was awarded in excess of $13,000,000 in total damages for multiple injuries, including permanent brain damage. The following motorist sustained traumatic injury to the right anterior temporal lobe of his brain. Dr. John Clifford, the treating neurological surgeon, testified that the plaintiff’s magnetic resonance imaging (MRI) reports show atrophy and brain cell death. Dr. Clifford also noted that he suffered seizures following the accident and that his initial electroencephalogram (EEG) report, prior to the use of anticonvulsant medications, was markedly abnormal. Dr. Clifford opined that Brewer’s various items of brain damage and epilepsy could be attributable to the accident. The body of medical testimony showed that Brewer’s brain injury is permanent. Dr. Clifford testified, based on his review of two separate neuropsychologists’ reports, that Brewer has residual brain impairments and that there will be future worsening of his cognitive functioning.
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Kirk Guidry and Scott Andrews of the Baton Rouge, Louisiana personal injury law firm of Dué Guidry Piedrahita Andrews Courrege L.C. completed a $1,500,000 settlement with a trucking company and trailer manufacturer for a defective underride guard. The accident occurred on Interstate 10 in Ascension Parish, Louisiana, when an automobile struck the rear of a moving tractor – trailer at high speed. The trailer was equipped with an ICC underride guard which improperly broke or deformed and allowed the automobile to travel an excessive distance under the rear of the trailer. This excessive underride allowed passenger compartment intrusion and resulted in multiple facial injuries to the driver, and rendered him blind.
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