Auto & Trucking Accidents - Angel Reyes Blog

Truckers Had Better Get The Message.

Angel Reyes — Thu, 28 Jan 2010 18:15:53 -0600

Before CB radios, 18-wheelers were killing people. Before cell phones, 18-wheelers were killing people. And certainly before texting, 18-wheelers were killing people. These behemoths have been killing people on the road since their introduction. But now, texting has put us in even more grave danger. In fact, a study from last year found that truck drivers who text while behind the wheel are 23 times more likely to be in a crash.

Now the government has finally taken action by putting a ban on texting by both truck drivers and bus drivers. It’s about time. Let’s hope there are more serious crackdowns that will help prevent the devastation caused by these death machines.

Please see yesterday’s Dallas Morning News article:

]]>Ban slams the brakes on texting by truckers
12:00 AM CST on Wednesday, January 27, 2010
By MICHAEL A. LINDENBERGER and TOM BENNING / The Dallas Morning News

President Barack Obama to truckers: Keep your hands on the wheel and save your text messages for later.

Truck driver Larry Fender of Adel, Ga., awaits a call from his dispatcher at the Pilot Travel Center in Dallas. Federal rules went into effect Tuesday forbidding truckers and bus drivers from texting while at the wheel.

Obama's transportation secretary on Tuesday banned truckers and commercial bus drivers from sending and receiving text messages, leaving the Texas Department of Public Safety scrambling to figure out how to enforce it.

The new rules, first broached last fall but announced with little warning Tuesday, carry stiff fines and prohibit sending or receiving text messages by truckers and commercial bus drivers, as well as by some local drivers, such as Dallas Area Rapid Transit operators.

"Today we're sending a strong message," Transportation Secretary Ray LaHood said. "We don't merely expect you to share the road responsibly with other travelers – we require you to do so."

It's the latest in a Washington campaign to make drivers keep their eyes on the road in an age of wireless devices increasingly prone to distract them.

A truck driver chats on his cellphone while traveling north on Interstate 35E in Dallas. The new rules don't ban talking on mobile phones but do prohibit reading, as well as sending, text messages while truckers are behind the wheel.

Last month, Obama ordered about 3 million federal workers to stay off their cellphones while driving. He strongly encouraged states and companies alike to follow suit.

The news was greeted by lukewarm support from the trucking industry, which sees such bans as appropriate, but faulted the haste with which the move was made.

Texas trucker Jeff Barker says he sees no reason to single out commercial drivers, although after 14 years of crisscrossing the continent, he said he readily agrees that drivers who text are courting disaster. He often drives through Dallas, where he will be today, he said.

"I used to do it, until I began seeing the effect it was having on other drivers," said Barker of San Antonio. "Now I pull over before I send a text. But it should apply to all drivers. To single out bus drivers and truckers is kind of stupid.

"I can see it every day from drivers of all types: A distracted driver is a hell of a danger to everybody out there, and it doesn't matter what kind of vehicle they are in."

"You can pretty much see everything [from inside a truck cab], and you can tell when a driver is distracted, by putting on makeup, by talking on the phone or sending texts. We can see a lot from up here, including folks typing on laptops and doing a lot of other things."

Already, 19 states ban texting from behind the wheel. Texas forbids texting by drivers younger than 18, by school bus drivers and by motorists in a school zone or who are transporting a child.

But Tuesday's announcement makes sending, or even reading, a text message while driving a federal safety offense, too, and could put some commercial drivers at risk of losing their authority to operate – plus subject them to fines of up to $2,750 for each offense.

How those tickets will be issued and under what circumstances wasn't immediately clear. Federal safety rules are typically enforced by state inspectors and highway patrols.

Tela Mange, a Texas Department of Public Safety spokeswoman, said Tuesday's announcement came with so little warning that her agency is still working out the details of how to police the thousands of commercial operators on Texas roads each day.

"Generally, they would propose something like this and say, 'Within a certain amount of days, we're going to do this,' " Mange said. "But this is them saying, 'We're going to start doing this today.' So it's going to take us a while, at least a few days, to figure out how we're going to enforce it."

Mange said DPS patrols already routinely cite drivers for violations of state and federal safety rules, including violations of the Federal Motor Carrier Safety Act.

The Obama administration has embarked on a spirited campaign to protect drivers from distracted driving, which some experts have called as dangerous as drunken driving.

Earlier this month, LaHood stood with Grapevine resident Jennifer Smith to announce the formation of FocusDriven, a national nonprofit organization that will campaign for bans on talking and texting while driving. The group, modeled after Mothers Against Drunk Driving, put its first local chapter in the Dallas area.

Smith said Tuesday the ban made her "very happy."

"This shows that the federal government is taking this seriously," she said. "The dangers exist, and there need to be safety measures involved."

LaHood said no new laws are needed for the texting ban, since the government already has authority to regulate drivers' use of technology from behind the wheel when evidence shows it is unsafe.

Last year, a study conducted for the Federal Motor Carrier Safety Administration found that truck drivers who text while behind the wheel are 23 times more likely to be in a crash.

The new rules do not ban talking on cellphones while driving nor limit the use of dispatching devices used by truckers to stay on schedule.

More comprehensive rules, including a more complete ban on texting by school bus drivers, will be developed in coming months, said Olivia Alair, press secretary for the U.S. Department of Transportation.

18 Wheeler Wreaks Havoc in North Texas

Angel Reyes — Tue, 04 Aug 2009 12:15:09 -0600

Another hot summer day and another tragedy on Texas highways. Today’s Dallas Morning News reports that an 18 wheeler driven by James Crayton of Dallas, apparently never slowed and rear-ended Anthony and Kimberly Brandon’s vehicle, causing it to explode on impact, killing them both. The 18 wheeler then slammed into another car, causing it to ram the car driven by Darryl Hoosier of Lafayette, LA, killing him.

Just 30 days ago, over the July 4th holiday, two others were killed on the same stretch of highway. This stretch is where a bridge is undergoing maintenance by KKM Construction of Texarkana, AK. KKM was awarded over $200,000 by the Texas Department of Transportation and is far behind on the project.

]]>In an update to the June 26, 2009 tractor-trailer wreck on the Will Rogers Turnpike in Oklahoma, a report by the Oklahoma Highway Patrol concluded that the 76-year-old driver of the tractor-trailer, Donald Creed of Willard, MO, failed to brake at all before he rear-ended a line of cars that were stopped because of an earlier crash. Further, the report suggests that the tractor-trailer had its cruise control on during impact. That tragic crash killed Shelby Hayes, her husband, Randall Hayes, their son, Ethan Hayes, and Shelby Hayes’ mother, Cynthia Olson. Three generations lost their lives because of an inattentive 18 wheeler driver.

The full stories are below:

Report blames trucker for Oklahoma crash that killed 10, including Frisco family
07:30 AM CDT on Tuesday, August 4, 2009
Associated Press

OKLAHOMA CITY - The inattention of a tractor-trailer driver led to a wreck on the Will Rogers Turnpike that killed 10 people June 26, including a Frisco family, the Oklahoma Highway Patrol said in a report released Monday.

The inquiry showed no attempt by 76-year-old Donald L. Creed of Willard, Mo., to brake or take evasive action, no apparent problems with his brakes or steering and "strong evidence" that cruise control was in use, set at about 70 mph.

Authorities have said Creed's rig slammed into a line of cars that were stopped because of an earlier crash.

The OHP report said that when investigators tried to determine what Creed's physical condition had been before the collision, he declined to be interviewed "upon the advice of his attorney."

OHP Capt. Chris West said the report and other materials would be given to Ottawa County District Attorney Eddie Wyant, who will decide whether any charges should be filed.

Among those killed in the crash were Shelby Hayes, 35, her husband, Randall Hayes, 38, their son, Ethan Hayes, 7, and Shelby Hayes' mother, Cynthia Olson, 55.

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Three dead when truck plows into traffic in Cooke County
04:18 PM CDT on Monday, August 3, 2009
WFAA-TV

COOKE COUNTY - At least three people were killed Monday when an 18-wheeler plowed into four other vehicles in a construction zone on Interstate 35.

A spokesman for the Cooke County Sheriff's Department said the incident was reported shortly before noon at FM 1306 south of Gainesville.

Officials said the driver of a semi-trailer - identified as 59-year-old James Crayton of Dallas - apparently failed to slow down for other vehicles in a construction zone.

Crayton's big rig first crashed into a 2003 Chevrolet sedan. The car caught fire and the two people who were inside both died. Their names were not released.

The truck then struck a blue Honda Accord with two Yalaha, Florida residents inside. The driver, Carol Whaley, 63, was taken by air ambulance to John Peter Smith Hospital in Fort Worth for treatment. He was reported in critical condition. Passenger Linda Whaley, 61, was taken to a hospital in Greenville.

The driver of a third car hit by Crayton's truck, a black Nissan sedan, was also killed in the impact. Officials withheld the victim's identity.

The runaway truck finally stopped after hitting another 18-wheeler driven by Charles Haney of Nocona. He suffered minor injuries.

All northbound lanes of I-35 remained closed at midafternoon. Traffic was backed up for 12 miles as investigators pieced together what happened and cleared the wreckage.

18-Wheeler Collision in Carrollton

Angel Reyes — Thu, 25 Jun 2009 09:49:29 -0600

The following is an article from one of my firm's partners, Spencer P. Browne:

A tragic fiery collision occurred today, June 24, 2009 in Carrollton, Texas on southbound I-35E near President George Bush Turnpike. According to television and Dallas Morning News reports, an 18-wheeler struck two cars that were parked on the shoulder. The big rig then struck a cement barrier, overturned and burst into flames. As the cab exploded and the fiery crash continued, another trucker helped the driver of one of the parked cars out, but reports have indicated that one woman, who was in one of the parked cars, died from her injuries. It has been reported that she was only 65. The truck driver is said to be still in the hospital.

]]>Unfortunately, events such as this horrific crash happen frequently on our roads. All too often, we find that truck drivers operate their vehicles too fast for the conditions then existing on the roads, overload their trailers with too much weight, or simply fail to pay attention. Because we can’t put enough eyes on the roads to enforce speed and weight restrictions, too many incidents like this one occur. We have discovered that because of the failure of trucking companies to perform adequate background checks and continually check on their drivers with driving courses and testing, our highways have become too dangerous to trust, especially now during the family summer vacation months. Although we can urge our legislators to pass tougher regulations on the trucking industry, it is more important that we make sure all the bad actors are held accountable for their lack of due care and regard for the safety of those on the roads.

We at Reyes Bartolomei Browne will continue to monitor the roads and make sure we do our best to keep your families safe while traveling. We will always work to hold all those responsible for tragic events due to their wrongful acts.

$1.5 Million Verdict for 18-Wheeler Accident

Angel Reyes — Thu, 02 Oct 2008 08:49:54 -0600

I'm proud to announce that my law firm, Heygood, Orr, Reyes, Pearson & Bartolomei, has achieved a $1.5 million verdict for our clients, Ronny Martinez and Kenneth O’Neal, as compensation for injuries they received in an 18-wheeler accident that occurred on Interstate 35E in Waxahachie on July 2, 2006. Mr. Martinez suffered a fractured vertebra and Mr. O'Neal sustained a serious injury to his right knee, which required several reconstructive surgeries. Mr. O'Neal also suffered a mild traumatic brain injury and damage to his collarbone.

]]>My firm’s Partners, Jim Orr and Luis Bartolomei, filed the lawsuit against Indianapolis-based Celadon Trucking Services Inc. (NASDAQ:CLDN), which operated the tractor trailer. The suit alleged that the company was negligent in hiring the truck driver, Michael Wade, and that Wade was negligent in causing the crash. The jury award included $750,000 for past and future medical bills and another $750,000 for other actual damages such as pain and suffering, physical impairment and disfigurement.

Our clients were driving down the road, minding their own business, when their lives were changed forever by this horrific accident. The jury’s decision will help these victims recover from their damages, and regain a sense of normality in their lives. Let this verdict serve as a warning to other trucking companies that if they hire unqualified bullies as drivers of these monster trucks, tragedies such as this one will happen. When they do, they’ll pay the price, just as Celadon did.

For more information on HORP&B's other recent verdicts and settlements, visit www.ReyesLaw.com or email me at Angel@ReyesLaw.com.

Dangerous Truckers Claim Disability Yet Drive Anyway

Angel Reyes — Tue, 22 Jul 2008 14:13:57 -0600

A new study by the Federal Government showed that tractor-trailer and bus drivers in the U.S. suffered seizures, heart attacks or unconscious spells while driving. These health issues caused hundreds of deadly crashes on our highways. Many tractor-trailer rigs weigh 40 tons or more. Imagine a 40 ton beast barreling down on you while you're driving on the highway. That's what many of our clients have faced over the years. Unfortunately, we've represented hundreds of families who've lost loved ones due to 18-wheeler accidents such as this one.]]>Department of Transportation, 5,300 people die every year in crashes with large commercial trucks or buses and over 126,000 people are injured. Those are sobering statistics. Amazingly, many commercial drivers have gone to the trouble of qualifying for Social Security Disability, often alleging sleep apnea, heart problems, and seizure disorders in order to both get their checks from the government and drive commercially on the open road. There must be a better way to oversee this mess. At a minimum, Congress should legislate that if you're accepting Social Security Disability payments, you can't have a commercial driver's license. Let's start there.

From there, let's get the Federal Motor Carrier Safety Administration, the U.S. agency responsible for cracking down on unfit truckers, to implement the eight safety recommendations issued by the National Transportation Safety Board back in 2001. Think about it; the NTSB has pushed for these recommendations since 2001, yet none of them have been implemented. Imagine the number of lives that could have been saved had even one of the following been implemented:

1. Ensure medical examiners are qualified and educated about occupational issues for commercial drivers.

2. Establish tracking mechanisms so that every prior application by a driver seeking medical certification is recorded and reviewed.

3. Periodically update medical certification regulations so that trained medical examiners will have clear guidance on which drivers with common medical conditions should be certified.

4. Ensure medical examiners have access to resources if they have questions about certifying drivers.

5. Prevent, identify or correct the inappropriate issuance of medical certifications.

6. Enable enforcement authorities to identify invalid medical certification during safety inspections and routine stops.

7. Enable enforcement authorities to prevent an uncertified driver from driving until an appropriate medical examination takes place.

8. Establish mechanisms for reporting medical conditions to appropriate authorities, such as a driver's healthcare provider and employer.

These seem like pretty simple recommendations that should have been put in place back in 2001. Let's hope Congress acts and improves the safety of our highways so that next year, 5,300 families don't lose loved ones.

Please see the Dallas Morning News article about this issue in its entirety below:

Study: Sick truckers causing fatal wrecks
11:33 PM CDT on Monday, July 21, 2008
Associated Press

WASHINGTON — Tractor-trailer and bus drivers in the United States have suffered seizures, heart attacks or unconscious spells behind the wheel that led to deadly crashes on highways. Hundreds of thousands of drivers carry commercial licenses even though they also qualify for full federal disability payments, according to a new U.S. safety study obtained by The Associated Press.

The problems threatening highway travelers persist despite years of government warnings and hundreds of deaths and injuries blamed on commercial truck and bus drivers who blacked out, collapsed or suffered major health problems behind the wheels of vehicles that can weigh 40 tons or more.

The U.S. agency responsible for cracking down on unfit truckers, the Federal Motor Carrier Safety Administration, acknowledges it hasn't completed any of eight recommendations that U.S. safety regulators have proposed since 2001. One would set minimum standards for officials who determine whether truckers are medically safe to drive. Another would prevent truckers from "doctor shopping" to find a physician who might overlook a risky health condition. It's unclear whether any of the eight recommendations will be done before President Bush leaves office.

"We have a major public safety problem, and we haven't corrected it," said Gerald Donaldson, senior research director at the Washington-based Advocates for Highway and Auto Safety, whose members include consumer, health and safety groups and insurance companies. "You have an agency that is favorably disposed to maintaining the integrity of the industry's economic situation."

Truckers violating federal medical rules have been caught in every state, according to a review by the AP of 7.3 million commercial driver violations compiled by the Transportation Department in 2006, the latest data available. Texas, Maryland, Georgia, Florida, Indiana, Pennsylvania, Illinois, Michigan, Alabama, New Jersey, Minnesota and Ohio were states where drivers were sanctioned most frequently for breaking medical rules, such as failing to carry a valid medical certificate. Those 12 states accounted for half of all such violations in the United States.

Consider these cases:
–A Florida bus driver who suffers from lung disease and uses three daily inhalers to control breathing told congressional investigators that he "occasionally blacks out and forgets things." He works as a substitute driver despite not having a medical certificate, and his commercial license expires in 2010. The driver, who was not identified but will figure prominently in a congressional hearing this week, has collected Social Security benefits since 1994. He confided to investigators that he "gets winded" walking to his mailbox but has no problem driving a passenger bus.

–A Virginia trucker with a prosthetic leg from a farm accident more than 10 years ago is permitted to drive tanker trucks until at least 2012, even though he doesn't have the proper federal paperwork required for amputees. Virginia revoked the medical license for the official who approved him to drive over charges the official was caught illegally distributing controlled substances.

–George Albright Jr., 61, smashed his 70,000-pound tractor-trailer into congested traffic on Interstate 70 in June 2006, killing four women in a Ford sedan about 30 miles east of Columbia, Mo. Albright's employer agreed earlier this year to pay $18 million in a settlement. A Missouri jury acquitted Albright this month on four counts of second-degree involuntary manslaughter, after his lawyers argued in court that a diabetic episode "put him in an altered state of consciousness." Albright wasn't injured.

–A gasoline tanker plunged from an overpass and exploded in flames on Interstate 95 near Baltimore in January 2004, killing four people. Witnesses reported the driver slumped over the wheel. Maryland investigators concluded the driver, Jackie M. Frost, had suffered a heart attack or other medical emergency, but his family disputed that.

–The driver of a 15-passenger "Tippy Toes" day-care bus traveling 63 mph on Interstate 240 in Memphis, Tenn., in April 2002 crashed into a bridge, killing the driver and four of the six children aboard. The National Transportation Safety Board said the driver, Wesley B. Hudson, 27, fell asleep, "quite likely due to an undiagnosed sleep disorder." Investigators said children sometimes had to wake up Hudson, whom the NTSB described as obese and a marijuana user.

–A 55-passenger bus rolled off Interstate 610 in New Orleans in May 1999, killing 22 passengers. The NTSB said the bus driver, Frank Bedell, 46, suffered life-threatening kidney and heart conditions but held a valid license and medical certificate. Moments before the crash, a passenger recounted seeing the driver slumped in his seat. Bedell died three months later of an apparent heart-related illness. Investigators said he was treated at least 20 times in the 21 months before the accident for various ailments.

Some truckers said the government should enforce existing rules, not make new ones.

"Do you enjoy your clothing and house? Without the truck driver you would have none of it," said Gary Hull, 52, a trucker for a Louisiana company, as he drove from Edinburg, Texas, to Mansfield, La. "Our economy is based on the truck. People don't understand the ramifications of making it more restrictive for truck drivers to drive."

Hull said most drivers are hard workers who earn a modest salary and cope with rising diesel prices. New regulations could add to costs and force truckers to evade the rules, he said.

"There are enough government regulations as it is," agreed Ken Cornell, interviewed at a truck stop. "The medical profession should be able to take care of it. If they have a condition where they shouldn't be driving, they should be able to catch them."

The Transportation Department said 5,300 people died in crashes involving large commercial trucks or buses in 2006, the latest year for which figures are available, and about 126,000 more were injured. A federal safety study last summer found that cases where drivers fell asleep, suffered heart attacks or seizures or otherwise were physically impaired were a leading cause of serious crashes involving large trucks. But those cases included healthy drivers who fell asleep.

"The problem is major," said Dr. Kurt Hegmann, chairman of the federal motor carrier administration's medical oversight board, which is urging more doctor visits in many cases for truckers with serious medical conditions. "It's one of the biggest causes of occupational death in the United States today."

Congress may take action soon. The House Transportation and Infrastructure Committee, led by Rep. James Oberstar, D-Minn., will conduct oversight hearings Thursday. One proposal would create a clearinghouse for drug test results for commercial truck drivers to make it easier for employers to conduct checks. Oberstar's committee asked the Government Accountability Office to investigate unfit truck drivers.

The 30-page GAO study, obtained by the AP in advance of its release later this week, said 563,000 commercial drivers were determined by the Veterans Affairs Department, Labor Department or Social Security Administration to also be eligible for full disability benefits over health issues. It said disability doesn't necessarily mean a driver is unfit to operate a commercial vehicle, but its investigators found alarming examples that raised doubts about the safety of the nation's highways. They identified more than 1,000 drivers with vision, hearing or seizure disorders, which generally would prohibit a trucker from obtaining a valid commercial license.

The chief safety officer for the Federal Motor Carrier Safety Administration, Rose McMurray, acknowledged problems that could lead to unfit truck drivers on the roads. She blamed delays in reforms on a lack of federal money and difficulty coordinating with 50 states. McMurray said changes to strengthen the medical oversight program may not be done for months or even years.

"We have done a lot to recognize the deficiencies in our medical oversight program, and the building blocks we're establishing are very smart and very strong," McMurray said.

Families of crash victims said stronger safety rules can't happen soon enough.

William Hieronymus II of Salina, Kan., said he remembers eating cereal each morning with his 10-month-old son. His son William and wife, Amanda, died in May 2005 when a truck crossed a median and struck their SUV.

The driver, Scott A. Wegrzyn, pleaded guilty to two counts of vehicular homicide. Prosecutors said Wegrzyn knew he suffered from sleep apnea and went to a second doctor without disclosing the condition to obtain the medical certification he needed to drive.

"I try to go through a day without crying," Hieronymus said during Wegrzyn's trial. "I wonder every day what (Will) would have grown up to be, what he would have stood for."