The 18-wheeler, marked with the company name Texas International Express LLC, was traveling north about 5 miles north of Pearl River when its front left tire blew out, said Trooper Nick Manale, spokesman for State Police Troop L. The driver, Juan Torres, 37, of Montgomery, Texas, lost control of the rig, and the tractor-trailer rumbled across the median and struck the southbound pickup nearly head-on, police said. After impact, the pickup and 18-wheeler slid off the highway, coming to a halt in the treeline on the west side of the interstate, Manale said.

Troopers specializing in vehicle inspection were brought in to determine whether the 18-wheeler had all of the required equipment and whether that equipment was properly installed, police said. Federal Motor Carrier SafetyRegulations require an 18-wheeler driver to perform a pre-trip inspection and a end of the day report. A driver cannot operate a commercial motor vehicle until he has inspected his equipment including the tires for good working order.

§392.7 Equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

Service brakes, including trailer brake connections.
Parking (hand) brake.
Steering mechanism.
Lighting devices and reflectors.
Tires.
Horn.
Windshield wiper or wipers.
Rear-vision mirror or mirrors.
Coupling devices.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995]

After the debilitating accident, the Colorado woman was left unable to return to work and now supports her four children on Social Security disability payments.

This is just one example of the arrogance of insurers nationwide who want to cherry pick who they cover and arbitrarily look for excuses to cancel coverage in the middle of serious illnesses or injuries- just at the time you need your coverage the most! Kudos to the Colorado jurors for making the insurers pay a heavy price for their ill-advised actions. If more jurors will make similar gutsy rulings, insurance companies will be forced to deal with all of us in the fair manner we all deserve and expect.

Reid’s wife was a passenger in her daughter’s van and suffered a broken neck, back and nose requiring surgical intervention. The crash occurred on a heavily traveled section of Interstate 95 in Fairfax County, VA, just South of Washington, D.C. According to a statement by the Virginia State Police, as Sen. Reid’s daughter was driving a 2005 Honda Odyssey, she began breaking for traffic, and the 18-wheeler struck the rear of her van and forced her into the rear of the car in front pushing the vehicle into the next lane, where it struck another vehicle.

P.A.M. is short for the company founder’s initials, but has also been reported to stand for “Pretty Awesome Mileage.” It has a fleet of about 1769 tractors and 4,500 trailers.

The FMCSA is currently holding public sessions regarding the hours of duty and drive time of an 18-wheeler driver on our highways. The result of these 80,000 pound big rig collisions, in the greater percentage of time, the people in the car are going to be seriously injured or killed.

Here the 18-wheeler took out 3 vehicles. The number of 18-wheelers on our highways seems to be increasing. Every time you are on the highway you find yourself next to an 18-wheeler. Safety of the motoring public require limitations on the duty and drive time hours of these big rig drivers to prevent fatigue, falling asleep at the wheel, and traveling to close between the car in front to stop and prevent a rear-end catastrophe.

We wish the Senator’s wife a speedy recovery.

I have found that one of the most dangerous issues of a vehicle facing drivers is the age of their tires. Yes, tires age like everything else. Where it is often overlooked is when we replace the tires on the vehicle after many years but we do not replace the spare because it still has all the tread and we think it must still be good. While the tread looks good you should remember that it is just as old as the tires you replaced.

Tires are mostly made of rubber which deteriorate with age even if they are not being used. This would include a spare tire that looks new or a tire on a boat or utility trailer that you have had for many years but the tread looks great. The components of a tire can dry out over time, the rubber can deteriorate and the adhesion between the belts can break down. This is especially true in the southern states do to the heat and humidity the tire is exposed to. The breakdown of the tire could occur while driving at highway speeds which could cause a major accident resulting in serious injuries or even death.

You can tell the age of your own tire by looking at the last 3 or 4 numbers of the DOT identification numbers on the side of your tires. The first two numbers are the week the tire was made and the last two numbers (or just the last number for those tires made since 1999 or earlier) show the year the tire was manufactured. Several manufacturers believe that you should discard tires that are 6 years and older even if they have never been used. You should not only check your current tires on your car but also your spare. You should check your trailer tires and even tires that you buy brand new to make sure you are not buying a tire that is aged which in turn could be a serious accident waiting to happen.

Their minivan was rear-ended by an 18-wheeler, which according to an eyewitness, was speeding at the time. The minivan was pushed off the highway. The two vehicles got entangled and plowed through trees and ended up in a swamp.

When an 80,000 pound speeding 18-wheeler crushes a passenger vehicle, the truck just has too much size and weight. The Motoring public beware, the trucking transport industry wants to increase 18-wheeler’s size and weight to 97,000 pounds across the country.

My client did not want to go to trial and wanted me to settle the case as she had been to court with another good attorney on a prior case that did not go well and left a bad taste in her mouth about the court system. Unfortunately, the insurance company did not think my client or her daughter’s injuries warranted a fair settlement value and my client was left with a decision whether to take a unfair amount or face the court system that she felt left a lot to be desired.

She decided to go to court and see what happens. On the day of Court my client was very nervous and apprehensive and questioned whether she was making the right decision to be there. She really did not want to bring a claim against the other driver, but she felt she was not treated fairly by the insurance company. When the defendant driver came to court she was also nervous and she was accompanied by her two grown daughters who were there for support.

We then introduced ourselves and everyone apologized for having to be here and that it was nothing personal between anyone. The defendant driver felt bad for running in the back of my client and my client felt bad for bringing a claim against her. Unfortunately, the law does not allow you to bring only against the insurance company and not the at fault driver except in limited circumstances and this was not one of them. Prior to trial it was agreed that my client would not get an excess judgment against the other driver and would limit her recovery to the applicable insurance limits. After many tears were shed before the first witness was sworn, the trial proceeded on. When the trial was over and the judge rendered a verdict that was substantially more than what the insurance company offered but within the policy limits, both my client and the other driver hugged and shed more tears that it was over and there was peace between them and justice was finally served. When it was all said it done I personally felt this was one of my rewarding trials and that it reaffirmed why I choose to become a trial lawyer.

The defendant driver had admitted his liability for colliding with the plaintiff which resulted in multiple injuries including a shattered pelvis, fractured forearms, broken leg and vision loss.

Jury verdicts such as these send a clear message to bar owners they will be held responsible for injuries to innocent victims of drunk drivers who drink to excess and are allowed to leave the bar and drive. Bar and tavern owners can no longer turn a blind eye to the obviously intoxicated patron who continues to want to buy drinks. The number of drunk driving accidents resulting in serious injuries and death are rising. We must all do our part in stopping this activity. Patrons must know the amount of alcohol they can consume and legally drive or designate a non-drinking driver. Bars must be vigilant about their intoxicated patrons and refuse to serve them and make sure they are not driving.

And the negligent insureds are getting “mums the word” advise from their insurers. According to Insure.com, one driver apologizing to the innocent victim is a “huge mistake that can affect the outcome of an insurance claim.” More and more insurers are cautioning their insureds to be careful what they say after a car wreck or when filing an insurance claim. Wonder whatever happened to old “the truth is the best policy” moral we all learned as kids. I guess that’s too old-fashioned for this never-take-the-blame-for-anything generation.

The good news is that older drivers tend to wear seat belts more often than younger drivers and are involved in less drunk driving situations. They also are less aggressive, obey speed limits and are generally more courteous than younger drivers. However, as people age their reflexes, vision and hand-to-eye coordination lessens. To keep on top of their driving game elderly drivers should be encouraged to keep up their driving skills through these type of programs and of course, to have regular physical and vision checkups.

The plaintiff was a newlywed with a 25-year old wife who was 3-months pregnant. A witness, who happened to be another 18-wheeler driver behind the defendant, testified that the defendant driver never slowed or swerved before crushing the Tollway truck. He also told the jury that the left lanes were free and clear, so the accident was entirely avoidable.

The defendant admitted negligence, but contended that Illinois Tollway was also negligent in the accident for not protecting the plaintiff’s decedent. Illinois Tollway denied any negligence in this case. After a trial that lasted 6 days, the jury found the defendant and their semi-truck driver at fault. The jury found Illinois Tollway not guilty.

The current rule allows 18-wheeler drivers to drive 11 hours within a 14-hour work day, coupled with a 60-hour driving limit in 7 days or a 70-hour limit in 8 days. The driver can restart the 60 or 70 hour clock after having 34 consecutive hours off duty. The previous rule had allowed for 10 hours of driving in a 15-hour period, but allowed drivers to log on and off duty whenever they wanted.

According to the FMCSA statement, the terms of the settlement require the FMCSA to begin a new rulemaking process and submit within nine months, with the current rule to remain in effect during the rulemaking proceedings.

For 60 years, truckers were allowed to drive a maximum of 10 hours at a time. The Bush administration and the trucking industry wanted to let truckers have an extra hour of driving time. The rule also cut rest and recovery time at the end of a work week from 50 or more hours off duty to as little as 34 hours off-duty. A federal appeals court struck the rule down twice, saying the government did not adequately explain its reasoning for adding the extra hour. But the Bush administration reinstated the rule each time. Public Citizen, Parents Against Tired Truckers, Citizens for Reliable and Safe Highways, Advocates for Highway and Auto Safety, and the International Brotherhood of Teamsters sued to get the rule thrown out.

FMCSA officials said that this settlement “resolves potentially lengthy and contentious litigation and gives the FMCSA the opportunity to reconsider its current rule with an eye towards developing a new rule.” Safe driving, driving while not fatigued can save lives. It protects the 18-wheeler driver and the motoring public in the passenger vehicle from unsafe and unhealthy driver conditions.

2) Alter our drive times to avoid the worst traffic congestion and areas of slowdown.

3) If you are a frequent passenger with a particular driver, make sure they are not tired and preferably not listening to antagonistic talk radio.

4) Report incidents of road rage you witness. It is likely that driver has done this before and will continue to do so until stopped.

5) When driving be courteous and obey the rules of the road.

6) Slow down! Everyone seems to be in too much of a hurry. You’ll get there and get there safely.

“The 18-wheeler didn’t see the cars braking and rear ended the car in front of it,” Lufkin Police Officer Eddie Ibarra said. The driver of the car, who is pregnant, and her three passengers, including her sister were taken by ambulance to Lufkin hospitals. The 18-wheeler driver was ticketed for failure to control speed, Ibarra said.

The irony is that Louisiana just enacted tougher seat belt laws which require all passengers, both front and back, as well as the driver to be belted. Time after time, sad story after sad story, the importance of learning the value of wearing a seat belt has come too late for too many.

While we all get distracted by many things that cross our line of vision while driving, there are some things people intentionally do that cause major distractions. Texting while driving is one such distraction. Texting has grown from nearly 10 billion messages a month in 2005 to more than 110 billion in 2008 according to CTAIA-The Wirelesss association, the cellular phone industry’s trade group.

Unfortunately, as texting increases, so do texting related vehicle accidents. We are reading about more and more cases where people are seriously injured or killed as a result of a driver texting while operating a vehicle. These accidents include everything from passenger cars to trains to air disasters caused by texting air traffic controllers.

The Virginia Tech Transportation Institute found that when drivers of heavy trucks texted, their collision risk was 23 times greater. A separate report by Car and Driver magazine found that texting and driving is more dangerous than drunken driving. According to the Insurance Institute for Highway Safety, there are currently 18 states and the District of Columbia that have passed laws making texting while driving illegal. I am proud to say that Louisiana is one of the 18 states that have passed laws making it illegal to text while driving. If we used common sense, we would not have to rely upon our legislatures to make it illegal to text while driving. However, when we look at the statistics, we know that the bottom line is that all states should get on board and make texting while driving illegal.