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]

Preliminary investigation suggest that an 18-wheeler with a flat bed trailer was pulled over onto the shoulder of the road out of the lanes of traffic when an SUV that was proceeding east bound on the outside lane drifted off onto the shoulder and rear ended the 18-wheeler. The two occupants inside the SUV sustained life threatening injuries. The female passenger was airlifted to LSUMC where she was later pronounced dead. Her name has not yet been released pending notification of her family. The driver of the 18-wheeler was not injured.

The investigation should include why the 18 wheeler was on the shoulder of the interstate. Was it creating a danger for motorist? Did the 18 wheeler driver properly display warning devices for a his tractor/trailer on the shoulder? The Federal Motor Carrier Safety Regulation Part 392.22: “Emergency signals; stopped commercial motor vehicles”  require the 18-wheeler driver to take immediate steps to protect the motoring public. .

DPS reports that the driver of an 18-wheeler approached the construction zone and failed to slow down and ended up barreling through six vehicles before running off the road. Was the 18-Wheeler exceeding hours of service? Fatigued? Texting or email?

A total of 10 people were reportedly involved in the accident and 3 of the 10 were taken to an area hospital with what’s being described as serious injuries. Texas DPS reports that the three transported were in the first vehicle hit by the 18-wheeler.

Clearly the economy played a large role in the decline of motorcycle deaths in 2009. A study by the National Governors Conference cautions against putting too much stock in the national decrease as there is much more work that needs to be done to improve motorcycle safety.

The State of Louisiana suspended its motorcycle-safety program, the Motorcycle Safety Awareness and Operator Training Course, for the last six months of 2009 for budgetary reasons. An estimated 2,000 people per year took the course offered by the Department of Education. Louisiana law does not require any special motorcycle endorsement for a driver’s license. Louisiana traditionally ranks higher in the number of alcohol-related motorcycle crash deaths compared to the rest of the country. With only a helmet and leather to protect them from injury, motorcyclists are generally considered more vulnerable in crash studies.

This is a welcomed change to the way we have previously requested State Police accident reports where we would have to mail a check along with a request to the State Police headquarters in Baton Rouge or to one of the local troop locations in the parish where the accident occurred. Often times there is confusion among what agency wrote the report and you would have to send requests and checks to the various agencies such as City Police, Sheriff, ect. Now, with the new system in place one can preview the report to ensure it is the correct report.

This is another example of computers working to make us more efficient and our State government willing and able to take the necessary steps to make it happen.

In compiling the statistics, Reader’s Digest used the most recent federal data and measured highway and bridge conditions, congestion, and safety. There was good news in that states were found to be spending more money to build and maintain their roadways and, in fact, highway fatalities are decreasing. However, even with a decrease, more than 37,000 Americans died in automobile accidents in 2008. This number is more than double the number of people who die from homicides each year of which we are constantly reminded. Most of us are unaware of the vast number of automobile accidents that result in serious injuries, damages, and fatalities occurring as a result of defective roads.

In Louisiana, we constantly hear that our roads are bad because we do not have enough money for construction and repair. We also hear that same litany in regards to our educational system wherein we are told that our disproportionately high number of drop-outs and illiterate children stem from a lack of finances. It is time that we in Louisiana start prioritizing what is important to ourselves, our communities, and our state. We need to be pro-active and demand accountability for the roads and schools in our area and the state. We need to get involved as individuals and communities.

I have seen first-hand how one involved person can make a difference. I recently represented an individual in regards to a highway defect case in which the defendant driver, traveling from Texas through our state, hydroplaned into my client’s car, causing serious and permanent injuries to my client. After investigating the roadway, it was obvious that there were ruts in the highway and no proper runoff. Water accumulated in the ruts during wet weather. Further investigation revealed that there had been many accidents on that particular stretch of roadway. The roadway was simply defective, dangerous and in need of repair.

While roadways are expensive to repair, there are simple things that can be done to warn motorists and thereby reduce accidents and even fatalities. In this case, an individual who lived in the area sent an email to the individuals in charge of mending the roadway and advised of the dangerous condition of the roadway and his concern for not only his family but for anyone traversing the area. It was not long after that email that a warning sign was posted. While it was too late to help my client, there is no telling how many families have been spared, funerals have been put on hold, and serious injuries avoided as a result of that simple sign.

While sometimes a lawsuit puts entities on notice to make changes, it is usually instituted after damage has been done. When a citizen like you or me takes the time to notify someone of a problem, it can make a major difference. I therefore urge you to talk to your legislators and your local officials. Advise them of any dangerous roadways in your area and voice any ideas or recommendations you may have. Help Louisiana lose the title “Worst Roadways in America.”

I also encourage you to stand up and speak out on educational issues that affect our children and therefore our future in this state. As Dr. Seuss says, “Unless someone like you cares a whole awful lot, nothing is going to get better. It’s not.”

In an effort to head off litigation, the Department of Transportation (DOT) is committed to reviewing the hours-of-service rules. The FMCSA has invited the public to participate in a series of 4 listening sessions in January 2010 to gather information and comments on hours-of-service for commercial vehicle drivers. The hearings will cover topics such as driver rest and on-duty time, sleeper berth use, and loading and unloading times. Hours-of-service requirements are designed to help prevent commercial vehicle-related accidents, fatalities and injuries by prescribing duty hours and rest periods for commercial drivers.

More information on the hearings is available here.

The damage could total as much as $36 million because all 12 rail cars were damaged, as was the track the two trains were on. New cars cost about $3 million each. Three cars were damaged beyond repair, and officials are assessing the condition of the remaining ones.

Metro officials have not said how fast Train 902 was moving when it pulled into the rail yard and hit the parked train at 4:27 am, but the impact was enough to derail two cars, one on each train. Train 902 was the last train of the night, Metro said. In addition to the train operator, two rail car cleaners in the parked train were injured. Fortunately, no passengers were aboard the trains.

The NTSB is already in the middle of investigating this summer’s deadly crash which killed nine and injured 80 north of Fort Totten subway station in northeast Washington. A hearing is scheduled to address safety issues and government oversight of transit systems.

In August at the same rail yard, two Metro mechanics were hurt when a two-car train struck the rail cars they were working on. A safety board investigation typically looks at all factors, from possible mechanical and equipment failure to human error. The operator of Train 902 had been in the job for about a year and had worked for Metro since 2007. Metro officials declined to provide the hours he worked that week. The incident occurred at the end of his nearly 10 ½ hour shift Sunday.

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Two people were killed in the crash of the Strain Bus Line Coach. The bus was carrying passengers back home after an outing to a casino. The tour bus returning from an Iowa casino ran off a southern Minnesota interstate and rolled over in a ditch Wednesday, killing 2 people and injuring 21, authorities said.

 The bus, operated by Strain Bus Line Motorcoach Tours in Rochester, was eastbound on Interstate 90 just west of Austin about 3:20 pm when it crossed into the westbound lanes and flipped over, Department of Public Safety spokesman Andy Skoogman said. The bus was carrying 23 people, including the driver, Skoogman said. 20 passengers were taken to medical centers. The driver was airlifted to a hospital in Rochester. Firefighters pulled off the bus’ windshield because the 47-passenger coach had settled on its right side, blocking the door.

Bold Lines, Inc., which does business under the name Strain Tours, is an operator with six drivers and four buses and has had no accidents in the past two years, according to the Federal Motor Carrier Safety Administration’s web site. But federal records reveal some safety problems in the past. The FMCSA reports that as a result of five inspections during the past 2 years, 60% of the company’s buses had to be pulled out of service for violations. That compares to the national average of 22%. The company also has an Inspection Selection System rating of 76; scores between 75 to 100 mean an inspection is warranted. The company has also run into trouble related to its record keeping. In February 2002, federal transportation authorities pulled the company’s buses off the road for what inspectors described as “numerous violations” of federal transportation rules related to record keeping. The company ended up paying $20,000 to settle an enforcement case concerning drug testing for drivers, according to the FMCSA. It also paid $300 to settle a case over driver duty times and record keeping.

The U.S. Department of Transportation must fast track its action plan aimed at improving motor coach safety. The plan calls for additional requirements including installing seat belts and enhancing roof strength. It would also boost regulatory oversight of new and high-risk motor coach operators. Frequency of medical exams and medical certification should be a priority.

Late Monday, the Obama administration’s Federal Motor Carrier Safety commissioner signed an agreement with safety and labor groups to revise the rule change. The 10 hour rule has not changed in 60 years because almost everyone except the trucking industry and the GOP agree that longer hours will lead to greater fatigue, more 18-wheeler accidents and more unnecessary deaths and injuries. No one I know wants to meet a fatigued, road-weary 18 wheeler driver on his 11th straight hour of driving coming at you fully loaded at 60 miles an hour. Kudos to the Obama administration for putting the safety of the motoring public before the financial interests of the trucking industry.

Pineville Police report all four lanes of La. 28 were to be reopened around 5:30, but that it may take a while for traffic to resume flowing. An eye witnesses stated that traffic was backed up for miles.

Our question is simple: why did the 18-wheeler accident occur? Had the truck driver been driving too long? Was the truck in the wrong lane of travel at impact?

What other factors exist for this inconvenient and needless wreck? The lesson here is to drive defensively around these behemoth tractor/trailer 18-wheelers.

Why did these truck drivers lose control of their big rigs on the interstate? Truck drivers are professional drivers requiring testing to obtain a commercial driver’s license. Safe driving techniques, along with common sense, teach truck drivers to reduce speed in inclement weather. Accident-free truck driving requires the trucker to drive his big rig according to weather conditions. Truck driving through a Louisiana rainstorm certainly calls for extra caution and attention to detail.

During this kind of weather, truck drivers should make speed adjustments and increase stopping distance due to slippery roadways. Slippery roads, wet pavement or torrential rains require the truck driver to assess safety and determine whether the truck driver should get his rig off the interstate and adjust his work schedule to accommodate the hazardous road condition. The Federal Motor Carrier Safety Regulations require the truck driver to exercise extreme caution in the operation of his commercial motor vehicle in hazardous conditions such as snow, ice, sleet, fog, mist, rain, dust, smoke or adverse conditions that effect visibility or traction. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. See 49 C.F.R. 392.14. Truck drivers can refuse to drive their commercial vehicles in dangerous weather and the employer may not legally fire or discipline him for refusing to drive because of hazardous road conditions.

• Require both the driver and front and rear seat passengers to use seatbelts.

• Require motorists to leave at least three feet of clearance when overtaking and passing a bicycle proceeding in the same direction.

• Restrict the use of the left lane on multilane roadways. Left lane use allowed only if they are:

1. preparing for a left turn at an intersection, private road or driveway; passing another vehicle traveling in the same direction below the posted speed limit;
2. right lanes are congested;
3. emergency vehicles are parked on or near the right shoulder and have their emergency lights activated; or otherwise directed by law enforcement.
4. drivers who must use the left lane must do so at a speed not less than vehicles traveling in the right lane.

Hopefully enforcement of these new highway safety laws will reduce car crashes resulting in unnecessary injuries and loss of life and improve overall roadway safety for all of us.

The flipping of a truck is usually the result of the negligence in the handling of the truck and the trailer by the driver, operating at an excessive, dangerous, and unreasonable speed under the circumstances, in failing to reduce his speed in obedience to the warning signs posted on the on-ramp, and in failing to properly arrange, stack, and secure a cargo on a trailer for highway travel so it would not shift or change its center upon the stress of turning sharp curves.