As reported last week by the Associated Press, a recent U.S. safety study showed that hundreds of thousands of commercial drivers should not be behind the wheel due to medical conditions. The Government Accountability Office determined that approximately 563,000 commercial drivers were eligible for full disability based on health issues.
More disturbing information regarding the health and safety of U.S. highways has just been released regarding fraudulent medical certificates for commercial drivers. An article on Sci-Tech Today.com highlights the House Transportation and Infrastructure Committee's study which found that, due to a lack of regulations and enforcement, it is "relatively easy" to get around the required physical examination for commercial drivers.
The study was based on a sampling of 614 commercial drivers stopped at roadside inspections in California, Illinois, and Ohio. Only 407 of the 614 medical examiners listed on the certificates could be verified. These findings come despite suggestions made in 2001 by NTSB to regulate the Medical Certification process.
These recommendations include "that examiners who certify drivers as medically fit be qualified and know what to look for, that a system be set up to track medical certificate applications and prevent drivers from doctor shopping, and that a mechanism be provided for reporting drivers with potentially debilitating medical conditions."
The House Transportation and Infrastructure Committee's study is expected to be released at a hearing on Thursday.
Frightening new information regarding the safety of highway travelers has come to light. The Associated Press recently obtained a new U.S. safety study showing that hundreds of thousands of tractor-trailer and bus drivers with commercial licenses, who travel our nation's highways everyday, are actually eligible for full federal disability.
The threats facing highway drivers are still a continued presence despite warnings and eight recommendations made by U.S. safety regulators beginning back in 2001. The Federal Motor Carrier Safety Administration, responsible for correcting the issues, has failed to complete any of these eight recommendations.
Every year, medical rules for truckers are violated all over the nation. The most recent information collected by the Transportation Department in 2006, shows Pennsylvania as one of the states where medical rules for commercial drivers were most frequently broken. The other states include: Texas, Maryland, Georgia, Florida, Indiana, Illinois, Michigan, Alabama, New Jersey, Minnesota, and Ohio.
According to a recent study by the Insurance Institute for Highway Safety, despite states' efforts to outlaw teen drivers from chatting on their cell phones, it is occurring at the same level as before the bans went into effect.
Earlier this week, researchers released the finding of an in depth look at North Carolina's teen driver cell phone ban. They found that even though 95% of parents and 74% of teens support the ban, the new law isn't reducing the number of teens using their phones while driving. Prior to the ban going into effect, researchers observed 11% of teens leaving high schools with one hand on the wheel, one hand on their phone. Then, after the ban was passed, researchers went back to the same high schools and observed 12% of teens chatting away while driving.
Researchers found that females were more likely than their male counterparts to be using cell phones while driving. Teens observed driving SUVs were more likely to be chatting than teens driving cars. However, teen drivers were less likely to be using their cell phones if they had friends in the car, compared with those driving alone.
So far, 17 states and the District of Columbia have passed laws banning the use of cell phones and other communication devices by novice, teen drivers. This is in response to the fact that auto accidents are the number one killer of teenagers in the United States, and that teens are three-times more likely to die in a car crash than all other drivers. With the passage of the bans, lawmakers were hoping to curb this upward trend by keeping inexperienced drivers' attention on the road, rather than what Kimmie is wearing to the dance on Friday night. After all, distracted driving, including driving while talking on a cell phone, is proving to be as risky of driving drunk.
However, despite the good intentions, the laws have yet to make a measurable impact. Some argue that it is just too early in the process to determine whether or not they are working. Others, say the bans are just simply unenforceable. In North Carolina, 71% of teens and 60% of parents felt as if enforcement of the bans is rare or non-existent. Only 22% of teenagers and 13% of their parents believed the laws were being enforced fairly often or a lot.
For a list of state law governing cell phone usage by teen drivers, click here.
According to a recent study by the Insurance Institute for Highway Safety, despite states' efforts to outlaw teen drivers from chatting on their cell phones, it is occurring at the same level as before the bans went into effect.
Earlier this week, researchers released the finding of an in depth look at North Carolina's teen driver cell phone ban. They found that even though 95% of parents and 74% of teens support the ban, the new law isn't reducing the number of teens using their phones while driving. Prior to the ban going into effect, researchers observed 11% of teens leaving high schools with one hand on the wheel, one hand on their phone. Then, after the ban was passed, researchers went back to the same high schools and observed 12% of teens chatting away while driving.
Researchers found that females were more likely than their male counterparts to be using cell phones while driving. Teens observed driving SUVs were more likely to be chatting than teens driving cars. However, teen drivers were less likely to be using their cell phones if they had friends in the car, compared with those driving alone.
So far, 17 states and the District of Columbia have passed laws banning the use of cell phones and other communication devices by novice, teen drivers. This is in response to the fact that auto accidents are the number one killer of teenagers in the United States, and that teens are three-times more likely to die in a car crash than all other drivers. With the passage of the bans, lawmakers were hoping to curb this upward trend by keeping inexperienced drivers' attention on the road, rather than what Kimmie is wearing to the dance on Friday night. After all, distracted driving, including driving while talking on a cell phone, is proving to be as risky of driving drunk.
However, despite the good intentions, the laws have yet to make a measurable impact. Some argue that it is just too early in the process to determine whether or not they are working. Others, say the bans are just simply unenforceable. In North Carolina, 71% of teens and 60% of parents felt as if enforcement of the bans is rare or non-existent. Only 22% of teenagers and 13% of their parents believed the laws were being enforced fairly often or a lot.
For a list of state law governing cell phone usage by teen drivers, click here.
Pfizer's new smoking cessation drug, Chantix, has hit a few bumps in the road since it received FDA approval in May 2006. The drug's sales have been stumbling since this the FDA announced new label warnings were necessary due to increasing evidence that drug triggers changes in behavior and suicidal tendencies in some patients. Now, other potentially dangerous side effects are coming to light, but you wouldn't know it from their adorable television commercials.
On Wednesday, a study was released by the not-for-profit organization, the Institute on Safe Medication Practices. It blasted the drug for adverse reactions such as "serious accidents and falls, potentially lethal cardiac rhythm disturbances, severe skin reactions, acute myocardial infarction, seizures, abnormal muscle spasms/movements, visual disturbances, diabetes, sudden losses of consciousness, psychosis, aggression and suicide." The drug accounted for 988 reports of serious injuries in the 4th quarter of 2007, more than any other drug in that period. In fact, 35 other drugs made up all the remaining 100 reports for the quarter. The Institute recommended that the drug be banned in all settings "where a lapse in alertness or motor control could lead to massive, serious injury."
Hours after the ISMP's study was released, the Federal Aviation Administration announced they would ban the drug for all pilots and air traffic controllers. Yesterday, the agency that oversees the trucking and busing industries, the FMCSA, requested that medical examiners "not qualify anyone currently using this medication for commercial motor vehicle licenses."
The FDA has yet to announce any new action. Agency spokesperson, Susan Cruzan, said they would continue to focus on the drug's link with neuropsychiatric side effects. "The agency has chosen to focus its current safety reviews on issues relevant to psychiatric adverse events but will continue to review other ADEs [adverse drug events] over time," she told the press.
On Wednesday, drug-maker, Pfizer, minimized the information released in the ISMP's report, saying most of the events reported were "infrequent" or "rare." The company said the serious side effects are already listed on the drug's warning labels, and over 5.5 million Americans have used the drug. Granted, just because 20 million Americans used Vioxx, didn't make it safe. Prescriptions of Chantix were last month by over 23% on last year. And sales estimates on the drug have been cut by more than 20% this year, 42% next year and at least 50% the following year.
To learn more about prescription injuries, click here.
Usually when you hear about a bug truck crash, it is usually within the continental U.S. However, this wreck reminds us that a collision with tractor-trailers can happen anywhere- even paradise. In fact, crashes involving large trucks have been on a steady increase in Hawaii for the past 5 years. Check out the stats from the Federal Motor Carrier Safety Administration here.
In yesterday's crash, police received a call at 4:12pm about a 1989 Peterbilt speeding, drifting off the road and recklessly crossing the solid line to pass other vehicles. Just minutes later, the massive vehicle rear-ended a small Toyota pick-up, then proceeded to smash into a Honda Accord, pushing it into a Dodge Durango. Several other vehicles were left strewn across the roadway. The tractor-trailer finally came to a stop on the shoulder of the opposite side of the highway.
Seven people, including the trucker, were taken to a local hospital. The injuries did not appear to be life threatening. In the wake of gruesome scene, traffic was snarled until after 6pm last night. Capt. Charles Hirata of Lahaina Patrol told the press, "It could have been a lot worse. The most important thing is nobody was killed." Every 16 minutes someone is injured or killed in a crash with a big truck. Though most truckers are qualified, responsible drivers, there are more then a few bad eggs. When tractor-trailers are driven recklessly on our roadways, we are all at risk. To learn more about what you can do to help keep your family safe on our nation's roadways, click here.
It is frightening to think that each day 5 children are killed in automobile accidents- and another 586 will suffer injuries. It is even scarier to consider 1700 kids die a year, almost half of which are unrestrained passengers.
By simply securing your child in a car safety seat, you can reduce the risk of fatal injury by 71% for infants under one, and 54% for toddlers between one and four years old.
For some, installing a child safety seat can be an arduous task. Perhaps that's why as many of 85% of car seats are installed incorrectly or are not the right size for the child. By following these simple guidelines, we can help you keep your family safe.
1. Always read & follow the instructions from the manufacturer of the seat. 2. Remember to send in the registration card- this will be important is the seat is recalled. 3. Children under 12 should sit in the backseat, doing so reduces the risk of serious injury by 40%. 4. Car seats for children under 20lbs should always face backwards. 5. Never place a backward facing seat in front of an airbag. 6. The shoulder straps of the car seat go in the lowest slots for infants riding backward, and the highest slots for children facing forward. 7. The retainer clip should be placed at arm pit level to keep harness straps on the shoulders. 8. Harness straps should be snug. So snug that you cannot fit more than one finger at the child's collarbone. 9. Check the owner's manual for your car to see if you need to use a locking clip or some additional piece of equipment to keep the safety seat secure. 10. When the car seat is installed, be sure it does not move side-to-side or toward the front of the car.
Remember to continually check your car seat for evidence of damage such as cracked plastic, frayed straps, stiff adjusters or broken buckles. Never use a car seat that has been in an accident, it is no longer safe. Don't be tempted to save money by buying a used car seat. There is no way to tell if the seat has been damaged in an accident. If you can't afford a car seat, contact the National Highway Traffic Safety Administration or the National SAFE KIDS campaign.
Every parent knows that you can't protect your child from everything, but when it comes to auto safety, there is something you can do. Keep them safe, buckle them up!
Throughout the year, the State Police offer inspections of child car seats. To find the next inspection near you, click here.
Wondering if your seat has been recalled? Call the U.S. Department of Transportation Auto Safety Hotline for an up-to-date list of recalled seats that need repair, 1-800-424-9393.
A VA State Trooper remains hospitalized after his police car was hit by a tractor-trailer, which fled the scene. Read more here.
At approximately 6:45 AM, the officer had a tractor-trailer pulled over for a speeding violation. The trooper and the trucker were both seated in the police vehicle, when it was struck by a second tractor-trailer. The second truck continued down the highway without stopping.
The officer, seated on the side of the vehicle that was smashed, sustained injuries to his back and neck. He was transported to the hospital, where he continues his recovery. Thankfully, the other trucker that was seated in the police vehicle was not injured.
Police describe the hit-and-run truck as a dark, long-nosed classic Freightliner with a white or light gray box trailer. It should have significant damage to the right side of the vehicle, most likely in the rear section. The truck might have maroon paint on it from the collision with police car. It may also have damage to the lights and/or a cut or gash on the side of the trailer.
If you have seen the truck or were a witness to the crash, you are urged to call Virginia State Police at 800-542-5959.
In a release, Capt. Richard A. Denney said he would like to "remind drivers of VA's Move Over law, which requires drivers to change to another travel lane, or if the are unable, to slow down for emergency vehicles stopped on the side of the road."
He went on the say, "This law is intended to save lives. As we've seen today, not only can law enforcement be at risk, but citizens as well when motorists fail to move over or slow down for emergency vehicles, as required by law."
Last November, the trooper involved in the crash was featured in a televised public service announcement informing drivers about VA's Move Over law. The ad can be seen here.
The survey, conducted on nearly 3,000 American motorists 18+, revealed a "do as I say, not as I do" mentality amongst most drivers.
75% of those surveyed feel that they are safer drivers than others out on our nation's roadways; however, most admit to engaging in the same risky behavior they deem "serious or extremely serious" safety violations by others.
87% rate drunk driving as the number one concern they have about roadway safety; however, 9% (roughly 15 million adult motorists) admit to having driven under the influence within the past 30 days. This includes almost 2% that report doing it "very often."
After drunk driving, 82% of participants rated distracted driving as the #2 concern for road safety. Yet, more than half, 54% of us, admit to having used cell phones while driving, and 14% admitted texting while driving.
74% of those surveys rated speeding as a concern, of which, 39% (2 out of 5) have exceeded the speed limit by 15 mph or more on our highways and 14% admit to exceeding the speed limit by 15 mph or more on our neighborhood streets.
Safe driving isn't something that other drivers should worry about, it is something that EVERY driver should worry about. Even though 75% of those involved with the AAA Foundation's survey deemed themselves safer drivers than others on the road, they admit to performing the exact behaviors that they criticized others for doing!
So even if you've used your cell phone a million times without incident, that doesn't make it safe. Just because you've managed to get yourself home after a night at the bar, doesn't mean you are a "good" driver when you are drunk. The facts are facts. 40,000 Americans are killed in automobile crashes, and millions of others are injured each year. Drunk and distracted driving, speeding and going without a seatbelt are dangerous acts and they can result in irreparable damage, not to mention serious legal implications- and trust me, juries hate drunk drivers.
I've been hearing a lot lately about a product called DriveCam. These little video cameras are starting to pop up in tractor-trailers and commercial vehicle across the country. The camera is mounted near the rear-view mirror, and records video and audio 24/7. However, the DriveCam is similar to a black box in that, it only keeps a few seconds of footage before and after an occurrence of "exceptional force" (i.e. hard braking, swerving, collision, etc.).
The company claims that using their product can help other companies identify and improve risky driver behaviors, thus, reducing vehicle damages, workers' compensation and personal injury costs by 30 to 90 percent. That's quite a claim. Watch a CNN interview with the CEO of DriveCam here.
Some truckers are against DriveCam, feeling like "Big Brother" is invading the cab. However, some are excited about its possibilities. The camera will capture an adequate history of the event, which can be referred to afterward. For example, an innocent trucker would be vindicated by video of Johnny Cellphone cutting into traffic and causing an accident, instead of being locked into a he said/she said battle of liability. The video will also identify drivers that engage in dangerous behavior, helping to make the roads safer for everyone.
With DriveCam's recent success, many are looking to take it farther- into personal vehicles. Parents of teen drivers are especially interested in using the product to keep an eye on their young, inexperienced drivers. Because even if a teen tells their parent a different version of the accident, the camera never lies.
In today's day and age, cameras are everywhere, capturing our daily lives. Although the DriveCam might catch you doing things you shouldn't be doing, it may also help you prove your innocence after a crash.
Good Morning America did a report this morning on a Florida police officer that was fired after her on-board cam captured her veering all over the road, nearly clipping pedestrians and even hitting parked cars. Was the officer drunk behind the wheel? Nope, just tired.
Watch the police car weaving in and out of the lanes here.
You'd think that out of anyone on the road, a police offer could simply shake off the sleepies and maintain control of the vehicle. You'd just have to open a window, or turn on the radio, right? Wrong! In fact, a survey conducted on drivers involved in sleep-related driving incidents, showed the majority of drivers opened their windows and adjusted the radio, but still fell asleep behind the wheel.
Drowsy driving is impaired driving.
Turns out drowsy driving is dangerous, and a lot more widespread than previously thought. In that ABC report, 60% of us admit doing it, and 37% admit to actually having fallen asleep at the wheel! Nearly 2,000 Americans die each year in 56,000 drowsy driving accidents (NTSA). Those are scary figures, but they might not adequate depict how many people are actually involved in these types of incidents. A 2007 report from the National Sleep Foundation that says fatigued driving is largely unrecognized and unreported across the country.
It is also a big factor in many accidents involving big trucks and other types of commerical vehicles. Even with rules in place to limit a driver's on-the-road time, many find themselves under pressure to sleep less and drive more.
Find out more about how to detect and prevent drowsy driving, click here.
This was the scene a week ago, when a tractor-trailer plowed into the entrance of the Cermak/Chinatown Redline Station, killing 2 and injuring 21 in Chicago's Southside.
Authorities are still trying to figure out what caused the tractor-trailer to slam into the pedestrian-laden area. Investigators believe the truck's brakes either malfunctioned or were simply not used in the seconds before the crash.
The driver of the truck, who suffered minor injuries, refused a urine test at the scene, and was found in possession of someone else's prescription medication. He acted erratically once in police custody, and refused to give a statement about the collision. He was cited for negligent driving, released from custody and is currently awaiting a court date.
Eyewitnesses on the scene reported seeing the driver exiting the freeway with his head down on the steering wheel. Then, they saw the truck slam into the station's escalator traveling at approximately 40-50mph. Two women near the escalator were killed, and 21 others were hurt.
According to U.S Transportation Department reports, the trucker's company has had 41 accidents in the last 30 months, 15 of which resulted in fatalities.
The Cermak/Chinatown CTA Station re-opened this weekend, after CTA crews rebuilt the stairway to the platform. The escalator, which bore the brunt of the truck's blow, is still not operational. Crews are working to repair and redesign the station entrance to prevent any future tragedies.
Earlier this week, we brought you some information about a drunk driving accident involving Miss Congeniality herself, Sandra Bullock, and her husband, Jesse James. Thankfully the couple was not injured, but they did give a face to the countless victims affected by drunk driving accidents every day. And this practice may be more rampant than you thought; last year an estimated 30.5 million drivers were drunk behind the wheel!
According to a new report out from the Health Substance Abuse and Mental Health Services Administration (SAMHSA), 15.1% of drivers have driven under the influence of alcohol within the past 12 months, and another 4.7% have driven after using illicit drugs.
Researchers based these numbers on data gathered from the National Survey on Drug Use and Health, which surveyed 127,283 American in 2004, 2005 and 2006. The states with the highest numbers of drunk-drivers (21% or more) are all in the Midwest, with Wisconsin, North Dakota, Minnesota, Nebraska and South Dakota at the top of the list.
The state's with the best records are the southern states of West Virginia, Arkansas, Kentucky and North Carolina, whose drunk drivers are fewer then 11% of the motoring public (which still seems like a lot!) Utah had the lowest number of any state, 9.5%.
In 2006 alone, 16,700 Americans lost their lives in drunk driving accidents. Because of these staggering numbers, many states are passing laws to try to deter citizens from driving under the influence. Wisconsin (where according to the SAMHSA report, 26.1% of drivers are drunk) passed a new, strict law that targets repeat offenders. The law requires that those convicted of their seventh, eighth and/or ninth drunken driving felonies can be sentenced to up to five years in prison and five years extended supervision.
There is a good likelihood that you will be sharing the road with someone under the influence of drugs and/or alcohol. In order to keep you and your family safe, look for the warning signs, find them here.
If you have been involved in a car accident with a drunk driver,whatever you do, don't wait- learn your rights now!
Actress Sandra Bullock and her husband, Jesse James, were hit head-on by a drunk driver this past weekend. Thankfully, no one was injured in the crash. Read about it here.
The crash occurred in Gloucester, MA, where Bullock is shooting a new movie. The couple was being driven home around 10PM, when the driver of a gray Subaru crossed lanes, hitting the front of their vehicle. The Subaru driver failed a field sobriety test, and was found to be two and a half times the legal limit.
At our law offices, we see the devastating effects of drunk drivers everyday. Last year nearly 18,000 lives were lost to due alcohol related crashed. Although we'd all like to think that it can't happen to us, according the National Highway Safety Administration, about three in ten Americans will be involved in an alcohol related crash at some point in their lives.
To learn the facts about drunk driving, and to find out how you can become part of the solution, click here.
With the economy these days, we are all trying to save a buck here and there. Things just cost more, and any driver can tell you about the high price of auto insurance. Most policies now cost several hundred dollars a year, and going without insurance just isn't an option.
State law requires that owners insure their vehicles, and you'll probably need more than the bare minimum to keep you adequately protected. Luckily, there are ways to reduce your insurance costs. Here are some tips you can take all the way to the bank.
Before it is time to renew your policy, shop around. Oftentimes, rates can vary by company to company for the exact same coverage.
Keep your credit in good standing. I know that this is easier said than done, but studies show a correlation between your credit rating and your perceived risk to an insurance company. If you credit isn't in good standing, you might end up paying a lot more. Get your FREE annual credit report here.
Don't drive that often? Let your insurance agent know! You might qualify for a low mileage discount.
Using your car for business purposes may be affecting your bottom line. Work-related driving often subjects you to higher premiums than pleasure-driving.
What does your car have to do with it? A lot! Insurance companies charge according to a risk scale. High-performance vehicles are considered higher risk, thus, are charged a higher rate. Even some SUVs have higher rates because they are often targets for thieves. However, if your vehicle is equipped with safety features such as anti-lock brakes, automatic seat belts, airbags and anti-theft devices, you might be able to save a bundle. Talk to your insurance agent.
Increase your deductible. By raising the deductible, you can lower your annual premium by a few hundred dollars. But be careful, a higher deductible means that you are responsible to pay more money out of pocket in case of an accident.
Consider bundling your insurance. Oftentimes, if you purchase more than one type of insurance through the same company, insure multiple vehicles under the same policy, take a driver's safety course or are a member of an automobile club, you are may be eligible for discounts.
To find out more ways to save money on your auto insurance, click here.
A truck driver is dead, following a fiery crash involving three tractor-trailers on I-80 in Montour County, PA.
The crash occurred around 1 am near Danville. According to PA State Police, one truck got a flat tire and was slowing down to exit the highway when it was struck by the second truck. The third driver, unable to stop, hit the second truck and burst into flames. The driver of the third truck was killed.
The crash closed both lanes of the interstate, and remained closed until late afternoon.
Another trucker witnessed the accident and told the media what he saw, "A bunch of flames shooting out. I saw trucks ran into each other. I guess we lost that driver. Guess we have to shut down and wait so they can try to figure out what happened," said the South Dakota truck driver.
Tragedy struck one part of our local community in the form of a horrific tractor-trailer wreck. Read the newspaper report here.
One man watched helplessly from the cab of his truck, as another tractor-trailer plowed into stopped traffic on I-81 near Frackville, PA. The accident left five injured and one dead.
When he saw what was happening, the truck driver-turned-witness told the Republican & Herald, "I just ducked and said ‘Help me, Jesus."
According to State Police at Frackville, traffic had been stopped as a result of another crash just up the highway, when the red truck traveled down the right berm of the southbound road and slammed into the other vehicles. Two other trucks and a mini-van were involved in the wreck. Upon the collision, the truck broke apart, and its cab skidded to a stop on its side in a truly gruesome scene. State police are continuing their investigation into the deadly crash.
Our firm, too often, sees the devasting effects of accidents involving big trucks. To learn the facts on trucks accidents and how to stay safe on our nation's roadways, click here.
BLOG DISCLAIMER: Attorney Advertising. Prior Results Do Not Guarantee a Similar Outcome in Future Cases. Representation in jurisdictions where our attorneys are not already licensed is performed in conjunction with local counsel / lawyers -- at no additional legal fees to our clients -- and with permission of the court. Examples of cases mentioned in blog postings are for illustrative purposes. Please keep in mind that statutes and legal precedent, such as published court opinions, may change from year to year, and commentary may be outdated. Readers should not consider this site as authoritative legal advice and should contact an attorney of their own choosing for specific advice on any legal issue. The attorneys of Munley, Munley & Cartwright are not responsible for the comments of others that may be posted on this site.
Our law firm pursues justice for victims and consumers in
