March 8, 2010

Death By Out Of Control Dump Truck Results in Driver Being Found Guilty of Criminally Negligent Homicide

The Court of Appeals of Texas of the First District of Houston issued an opinion on February 18, 2010 in its finding the driver of a dump truck employed by the City of Houston guilty of criminally negligent homicide. The Court found that the driver used a deadly weapon, namely a motor vehicle, during the commission of this tragic offense.

The facts indicate that on the morning of October 24, 2006, the driver of the truck, a laborer employed by the City of Houston, was traveling in a city dump truck when it sped recklessly into another vehicle. As it approached an intersection controlled by a red light, other vehicles were properly stopped and at a standstill. The dump truck collided with a Jeep which went airborne with all of its four wheels leaving the pavement thereafter striking a traffic pole and landing on its driver’s side. After striking the Jeep, the dump truck continued across the intersection towards a group of workers who were installing new traffic signals and tragically the dump truck ran over one of the employee’s installing the traffic signals, killing him. The truck also struck another worker who sustained multiple fractures including two broken legs. Many witnesses to this accident stated that the truck was driving too fast to either stop for the light or was in the wrong lane to make a proper turn. The 31,000 lb. dump truck involved in this case weighed 8 times that of the Jeep that it hit.

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March 4, 2010

Truck Driver Inattention and Ignorance of Adverse Weather Conditions Is a Leading Cause of Catastrophic Car Accidents on Pennsylvania Highways

Last month I was traveling northbound on Pennsylvania Interstate 95 in a snow storm that was making the roads slick and impeding vision, yet a tractor trailer blew by my vehicle at such a high rate of speed that the gust caused my vehicle to shift and a snow bomb that erupted from the back of the speeding truck blinded my vision putting me in a very dangerous and anxiety producing situation.

Just two weeks ago before, a truck driving too fast down an Ohio interstate lost control, slid across the interstate and into oncoming traffic, hitting a special needs bus and killing four. It consistently amazes me that truckers seem to think that they own the highway and don’t seem to give a damn about other vehicles in their way particularly in icy and snowy conditions. When I tried to slow my vehicle down due to a temporary loss of control as a result of the icy road and truck wind and snow gust, I started sliding and began to curse the truck driver. If another vehicle was close to me, I would have probably slid right into that vehicle and the truck would have kept going. Of course, the truck was registered out-of-state and obviously revealed little regard for the safety of Pennsylvania motorists.

In this experienced Pennsylvania truck accident and car accident attorney’s opinion, the trucker was driving much too fast for conditions. Interestingly enough, the major cause of trucking wrecks in Pennsylvania is driver inattention, speeding, driving too fast for conditions, all of which is manifested by the callousness that many truckers exhibit on Pennsylvania highways. Illegal or unsafe speeds, obscured vision, and the other catchall “human contributing factors” is no different than drunk driving according to the Public Safety Department’s Office of Traffic Safety. As I handle more of these truck and car accident cases in my law practice and have luckily escaped “the bullet” many times, I can tell you that it is not just bar hoppers or drunkards who make the road so dangerous.

If you or a loved one has been involved in a catastrophic car accident or truck accident, please feel free to contact one of our experienced truck accident and car accident lawyers at Reiff and Bily for a free consultation at 1-800-421-9595 or online at www.reiffandbily.com.

February 10, 2010

What If You Are Traveling Along With Your Family Down The Highway And A Large Steel Coil Rolls Off A Truck In Front Of You?

As an experienced Philadelphia car and truck accident lawyer, we have handled all too many cases involving unsecured truck loads. Recently we had the opportunity to discuss a catastrophic case with a client where a large coil of steel rolled off a truck that failed to meet state safety regulations. It turns out that not only was this coil of steel unsecured, but the truck also had bare tires, malfunctioning turn signals, as well as a driver who was improperly trained. As you can imagine, these steel coils weighed approximately 8,000 lbs. and some of them can weigh as much as 44,000 lbs. One can only imagine the damage caused when it rolls off a flatbed truck traveling at a high rate of speed. Recently in June an unsecured steel coil caused more than $200,000 damage to an interstate when it rolled off a truck and injured a woman whose vehicle collided with the same.

When a dangerous or improper truck load causes a serious injury or fatal accident, it is crucial to determine whether the driver and trucking company complied with federal and state rules regarding load safety.

The experienced Philadelphia truck accident lawyers of Reiff and Bily work with an independent team of trucking industry experts and investigators and timely and thoroughly conduct investigation into causes of serious truck accidents. It important that trucking companies and any independent owner/operator who violates truck safety load regulations be held liable for damages, injury or wrongful death in the accidents that result.

Recently Alabama passed a bill regulating the hauling of steel coils on state highways. If companies follow state and federal regulations, debris often does not fall off of trucks. It important to put teeth in our state and federal regulations to prevent the loss of life or injuries on our highways.

January 19, 2010

Pennsylvania Man Struck And Killed By A Tractor Trailer In The Rain

According to news sources, a local Pennsylvania man was struck by a tractor trailer and pinned underneath the truck and pronounced dead on the scene at 8:15 p.m. Sunday, January 17, 2009. Police believe the driver of the truck did not see the victim walking along the road and that rainy weather might have been a factor. The accident occurred on Route 30 West between Lincoln Highway and Old Philadelphia Pike in East Lampeter Township.

Our thoughts and prayers go out to the victim of this tragic accident. The police have indicated that the truck driver remained at the scene and was cooperating with authorities. We ask that you keep the victim and his family in your prayers. This accident is just another reminder to all of us that the highways can be an extremely dangerous place especially in inclement weather.

If it is determined that the truck driver did cause the accident and is at fault, then both he and his employer (the trucking company) could be held liable for the victim’s death. The victim’s family would be well advised to consult with a reputed and experienced Philadelphia truck accident lawyer who has a successful track record handling Pennsylvania trucking accident cases and has the necessary resources to financially pursue trucking companies on behalf of injured and deceased victims and their families. The victim’s family should remember never to speak to any insurance adjuster or attorney for the trucking company before they have consulted with an experienced Pennsylvania truck accident attorney who will make sure that their rights and best interests are protected.

January 13, 2010

Improper Securing of Steel Coil On Truck Results In Death Of Three People And Injuries To A Young Girl – Truck and Trailer Accident Lawyer Speaks Out

A semi-trailer truck hauling steel coils on Highway 37 in Orange County, Indiana rounded a curve and a 44,000 lb. steel coil came loose from the trailer crushing vehicles in its path and killed three people and injured a young girl according to news sources. The Indiana state troopers noted that the improperly secured steel coil struck a pick-up truck driven by 22-year old Zachary Staggs of Bedford, Indiana killing him and 21-year old Shannon Steele of Jasper, as well as injuring their 11-year old daughter Mackenzie Taylor. The coil also hit another car killing the driver, 41-year old Michael Daugherty of Mitchell, Indiana. The semi-trailer driver was given a ticket for having the coil improperly secured.

Our hearts, thoughts and prayers go out to the family of Zachary Staggs, Shannon Steele and Mackenzie Taylor and Michael Daugherty. Unfortunately in my career as an experienced truck accident and car accident lawyer since 1979, I have dealt with all too many cases involving unsecured loads and drop loads from trucks resulting in catastrophic injury and fatality. Such activity has also attracted consumer advocate Ron Melacon at his website www.dangeroustrailers.org.

I think it might be fair to say that this situation has reached epidemic proportions in the United States with government authorities not paying enough attention or putting enough teeth into regulations concerning these instances. I would be curious to know what the police investigation will reveal in this tragic accident and whether or not criminal prosecution will be in store for the driver whose lack of attention or improper securing took the lives of these innocent individuals. The parties and their families would be well served to seek the services of an experienced truck accident lawyer to fully investigate this case and work with experts to make sure that they are fairly compensated for their loss.

January 11, 2010

Tractor Trailer Owner Pleads Guilty To Vehicular Homicide Where Faulty Brakes on a Non-inspected Motor Vehicle Caused a Fatal Accident Outside of Philadelphia

According to news sources the part owner of a tractor trailer with faulty brakes involved in a fatal accident outside of Philadelphia pled guilty to vehicular homicide. The 41-year-old partial owner of the truck admitted he was grossly negligent in a Montgomery County courtroom on December 15, 2009. As a result of the faulty brakes, a 50-year old innocent victim was killed when the truck’s brakes failed and his vehicle was rear-ended. According to the state police and legal documents, the truck bore an inspection sticker but was never inspected.

Our hearts and prayers and thoughts once again go out to the family of 50-year old David Schreffler an innocent victim whose untimely death was caused by the gross negligence and disregard for his life and safety by the owners of this vehicle. This is the third guilty plea in this deadly Schuylkill crash.

If you or a loved one has been involved in a car accident or truck accident, you should immediately contact an experienced truck accident or car accident lawyer to fully investigate your claim to make sure that you recover all of the damages that you are entitled to. Please contact one of our attorneys for a free no obligation at 1-800-421-9595 or online at www.reiffandbily.com.

August 10, 2009

It Seems That Large Trucks Own The Highways In Pennsylvania Too Often With Careless Disregard For The Safety Of Others

A few times in the past few months I was driving on Interstate 80 in Pennsylvania through the Pocono mountains when I was either almost run off the road or blown off the road by the force of an 18-wheel tractor trailer that came speeding by my car. Truthfully, it is quite unnerving to have a truck approach you at a high rate of speed and then to be suddenly jolted by a blast of a horn or by a buffet that pushes your car side to side.

I recently read an article where it stated that trucks make up one of every four vehicles on the highway and in some stretches of interstates there is nearly one truck for every passenger car.

As an experienced car accident and truck accident lawyer, I am very much well aware of the conclusive data showing that truck versus car accidents are climbing at an increasing rate. Literally, the driver of a car has minimal chances of avoiding a catastrophic injury or fatality if they are involved in an accident with a truck which can weigh up to 80,000 pounds. Car drivers must be aware that a tractor trailer moving at 60 miles per hour can require the length of a football field to come to a stop, added to the fact that the trucks just don’t have the maneuverability of a small car.

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July 27, 2009

Truck Driver Fatigue Is One Of The Greatest Risks To Motorists On Our Highways

Truck Driver Fatigue is the number one safety problem in the trucking industry today and is a factor in 40% of all crashes nationwide. Greedy profit driven motives of trucking companies have made driver fatigue a largely unregulated problem resulting in catastrophic injury and wrongful deaths of thousands of innocent and unknowing individuals each year.

Truck drivers only drive their vehicles for a set hours at a time and must service their trucks within a proper timeline. However, most truck accidents are caused by driver fatigue and improperly maintained trucks and truck parts. Obviously, due to the disproportionate deadly weight and size of a truck involved, coupled with driver fatigue, the force of a large truck striking a car or motorcycle generally results in a catastrophic injury or death situation. Injured persons can hold truck drivers and trucking companies legally liable for the harm caused by their negligence and non-compliance with government rules and regulations.

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June 26, 2009

Big Trucks Are Scary Enough For Car Drivers But What About When The Driver Is Asleep?

Research reveals a strong link between overweight truck drivers and sleep apnea, and statistics indicate that truck crashes kill more than 5,200 each year and injure more than 100,000 each year in the United States. MSNBC.com just published a story reiterating something that the Philadelphia car accident and truck accident lawyers at Reiff and Bily have written about but I am glad to see that this subject matter is attaining a higher profile.

On September 5, 2008, I wrote an article noting that federal regulations in the near future will mandate that truck and bus drivers in safety sensitive positions be tested for sleep disorders to decrease crash sites and fatalities. I have been a stalwart crusader regarding the duties owed by common carriers to the public to make sure that safety sensitive positions require tests for drugs, alcohol and common sleep disorders such as sleep apnea. These common carriers include commercial bus companies and truck drivers. Obesity is a major public health issue in America and is one of the basic causes and a strong predictor of sleep apnea and generally goes underreported by truckers until it is too late and a tragic consequence occurs.

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