Welcome to the Blog of The Glassman Law Firm, P.C., St. Louis Personal Injury Attorneys

We blog about relevant issues in personal injury law, discuss the misconceptions surrounding personal injury law and some of the most popular cases in the news, inform on the legal and political landscape of tort reform and insurance company lobbying, and provide readers with helpful personal injury information and resources. Please visit www.glassmanlegal.com for more information.

Monday, August 12, 2013

The Safe and Efficient Transportation Act of 2013

Introduced in the house on February 12, 2013, the Safe and Efficient Transportation Act of 2013 (H.R. 612) would allow each state to permit vehicles exceeding certain federal weight limits to operate on Interstate Highway System routes within that state.

H.R. 612 states that vehicles can exceed federal standards if: the vehicle is equipped with at least six axles, the weight of any single axle does not exceed 20,000 pounds, the weight of any tandem axle does not exceed 34,000 pounds, the weight of any group of 3 or more axles does not exceed 51,000 pounds, and the gross weight of the vehicle does not exceed 97,000 pounds.

Maine and Vermont participated in a pilot program which allowed tractors with semitrailers up to 100,000 pounds gross vehicle weight and tandem axle weights up to a maximum of 46,000 pounds. Vermont allows trucks that weigh up to a maximum gross vehicle weight of 99,000 pounds, and trucks with tandem axles that weigh up to a maximum of 36,000 pounds plus a 10 percent additional weight allowance, which allows a total of 39,600 pounds.

This bill only supports one group: the shipper. Those in favor of the bill site efficiency in their reasoning. They believe packing more goods into an already dangerously large trailer will result in less trucks on the road and a reduction in fuel consumption. There is little regard for safety in this belief. Larger trucks means increased stopping distance, resulting in additional accidents on the roads. Groups like Parents Against Tired Truckers (PATT) advocate that truck crash deaths are increasing, thus truck size and weight limits should not.

Contrary to the claim that the bill would result in fewer trucks on the road, during the pilot period in both states combined, official reports from U.S. Dept. of Transportation Federal Highway Administration found the percentage of trucks in that weight category on the road has jumped. Commercial motor vehicle crashes on non-Interstate roads increased 24%, Interstate crashes increased 10%. During the pilot period, trucks were placed out of service (OOS) for brake violations between 54.2% and 66.2% of the time. The amount of roadside inspections alarmingly declined during this time.

This bill is also extremely worrisome to many due to the impact these large trucks have on roads. Opponents of the bill argue that heavier trucks will result in bridge failures across our nation's highway system. It is estimated that 25% of our nations bridges are not equipped to take on the increased load size.

The public strongly opposes having bigger, longer, heavier, deadlier trucks on our nation's roads and groups like PATT are urging Congress to reject this bill. Contact the St. Louis Truck Accident Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of a collision with a tractor trailer. Visit www.glassmanlegal.com for more information about tractor-trailer accidents.

Thursday, August 1, 2013

What Is The Federal Safety Standard For Consecutive Hours Behind The Wheel For A Truck Driver?

Federal investigators found that a Wisconsin United Van Lines truck driver had been working more than 14 consecutive hours when he fell asleep at the wheel, resulting in the fiery crash that killed an Illinois State Police Trooper.

Though the investigation is ongoing, as of now the semi-truck driver has not been charged criminally in connection to the crash that killed Trooper James Sauter.

The Federal Motor Carrier Safety Administration's records state that the semi-truck driver as well as United Van Lines have been fined for violating a federal rule barring drivers from operating a semi-truck for more than 14 hours without getting 10 hours of rest.

Twenty-eight year old James Sauter had been a trooper since 2008 and earned a lifesaving medal as a cadet for coming to the aid of a female motorcycle crash victim that year.

Contrary to what most lay people may believe, a trucking case, unlike the routine auto accident case, requires the expertise of an experienced trucking lawyer who is well versed in the complex details of the Federal Motor Carrier Safety Act which regulate and govern the safe operation of large interstate trucking companies, including the training, examination, and licensing of their drivers.

Contact the St. Louis Truck Accident Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of a collision with a tractor trailer. Go to www.glassmanlegal.com for more information about tractor-trailer accidents.

Thursday, July 25, 2013

Voice-To-Text Methods Are Equally As Dangerous As Manually Texting While Driving

Despite being marketed as a safer alternative, new studies are proving that voice-to-text methods are equally as dangerous as manually texting while driving. It has been maintained that hands-free devices are safer because they allow drivers to keep their eyes on the road and their hands on the wheel. This is untrue.

A distraction is considered anything that takes a driver away from the task of safely operating a vehicle. There are three types of distractions a driver can encounter while on the road: visual, manual, and cognitive; anything that takes your eyes off the road, your hands off the wheel, or your mind off the task at hand.

Voice-to-text produces a byproduct referred to as "tunnel vision" or "inattention blindness." It's as if the driver only looks straight ahead, or the driver goes through the motions of scanning the roadway, but does not actually see what they're looking at. "Police accident investigative reports are filled with comments like the driver ‘looked, but did not see.' That's what drivers tell them. We used to think they were lying, but now we know that's actually true," said Peter Kissinger, CEO and president of the AAA Foundation for Traffic Safety

In AAA's study, brain waves and reaction times of drivers on roads and simulators were measured to compare levels of distraction. Listening to the radio registers as a minimal distraction, between 1.3 and 1.7 on a five-point scale. Using a cellphone or talking to a passenger registered as 2.3 to 2.5. Voice-to-text devices, such as a smart phone or GPS system, registered as a high distraction level of 3.1. Delay in reaction time while driving went from 15% while using a cell phone to 25% while using voice-to-text devices. It is estimated that by 2014, all new vehicles will come equipped with voice command capabilities.

Contact the St. Louis Personal Injury Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of a distracted driver.

Monday, July 1, 2013

What Are The Dangers Of An Overloaded 15-Passenger Van?

On May 20, a 15-passenger van carrying church members veered off of an Illinois freeway and overturned, resulting in five fatalities and six people injured. Of the 11 people in the van, nine were ejected.

15-passenger vans have become a popular mode of transportation for church groups, sports teams, and summer activity organizers, however, the history regarding these vehicles has long been a dangerous one as Federal regulators have previously warned of its rollover danger. In crash data collected by the National Highway Traffic Safety Administration from 2003 to 2007, a 15-passenger van with 10 or more occupants carries a rollover rate three times higher than a 15-passenger van carrying less than five people. In 2007, 15-passenger vans that rolled over had 73% more fatalities than the previous year, occupant fatalities in all 15-passenger van accidents increased a total of 20% from 2006.

The Insurance Institute for Highway Safety (IIHS) sites a 2004 study by the NHTSA where the odds of a rollover accident for a 15-passenger van increased more than 400% when the van was fully loaded compared to a driver traveling alone. The IIHS acknowledges other factors that influence the safety of these passenger vehicles such as the vehicle's tire pressure, the vehicle's high center of gravity, the number of passengers, the amount of cargo, the use of seat belts, and the use of alcohol.

According to the NHTSA, if you are planning to take a trip in a 15-passenger van this spring, here is a helpful list of safety tips to ensure the trip is a safe one:
  • Never overload the vehicle. Agency research shows overloading not only increases rollover risk but makes the vehicle more unstable in any handling maneuvers.
  • Make sure the vehicle is regularly maintained, and that drivers are properly licensed and experienced in operating a 15-passenger van.
  • Have suspension and steering components inspected according to the manufacturer's recommended schedule and replace or repair these parts as necessary.
  • Ensure that vehicles are equipped with properly sized and load-rated tires.
  • Check the tires for proper inflation and signs of wear or damage. Correct tire size and inflation pressure information can be found in the owner's manual and on the door pillar.
Contact the St. Louis Personal Injury Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of an accident in a 15-passenger vehicle.

Thursday, June 20, 2013

Underride Guard Safety Standards For Tractor Trailers

Research conducted by the Insurance Institute for Highway Safety has indicated that many manufacturers are fitting large truck trailers with safer, more efficient underride guards, however many manufacturers are still falling short.

An underride guard is intended to prevent a car from sliding under the rear end of a large truck, such as a tractor-trailer rig. While a large truck that is equipped with a functional underride guard can significantly increase the chances of surviving a rear-end crash with that truck or trailer, most guards have been unsuccessful in preventing deadly and catastrophic outcomes, according to crash tests conducted by The Insurance Institute since 2010.

When most vehicles slide under the rear end of a large truck, the top of the car --- hood, windshield and roof -- typically absorb the brunt of the impact. Adequate underride guards must necessarily prevent the intrusion of automobile bumpers under a large truck, in order for seatbelts and airbags to protect auto occupants from catastrophic injuries or death.

Although in 1998 the National Highway Transportation Safety Administration issued a mandate requiring that all trailers, including those pulled by big rigs and semis, that weigh 10,000 pounds or more, be equipped with an underride guard, the US standards fall short of their intended purpose unless passenger compartment intrusion is prevented. Hopefully further study and consideration of successful Canadian standards will result in an upgraded safety standard that will save lives in tractor trailer and big rig crashes.

Contact the St. Louis large truck attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has be injured or killed in a collision with a large truck.
  

Tuesday, June 4, 2013

The Fatal Truck Accident In Republic, Missouri

A fatal chain reaction has taken place in Republic, Missouri resulting in the deaths of two people. The crash involved two passenger vehicles and two tractor-trailers. This resulted in truck driver, Lei Sun, being charged with two counts of involuntary manslaughter. Sun's truck failed to slow down before it collided with the back of a car and a pickup truck, forcing them both under a tractor-trailer that was stopped at the intersection in front of them. Both drivers of the passenger vehicles were killed.

Trooper Price Richardson said in an excerpt from the probable cause statement against Sun, "(Sun's) log book shows that he has driven more than the allotted seventy hours within the past seven day period." It was also noted that the data recorder in Sun's tractor-trailer recorded his speed at 59. 5 at the time of the crash.

Sadly, truck drivers don't always comply with their rules and regulations, which often results in tragic consequences. The Insurance Institute for Highway Safety reports that a truck driver behind the wheel for more than eight hours is twice as likely to crash. Sleep deprivation is also a contributing factor in a truck driver's performance. After being awake for 24 hours or longer, the reaction time of a sleepy driver is as impaired as that of an intoxicated driver. A survey conducted by the Federal Motor Carrier Safety Administration found that one in four truck drivers admitted to falling asleep while driving in the past 30 days.

Due to the catastrophic injuries and fatalities associated with large truck crashes, it is crucial that an attorney with an extensive knowledge of trucking rules and regulations is employed after a collision. Contact the Missouri Truck Accident Attorneys of The Glassman Law Firm to ensure that your rights are protected.

Friday, May 24, 2013

Social Media And Your Personal Injury Claim

Personal injury attorneys often warn their clients not to discuss their case with anyone, this includes broadcasting the status of your suit to all of your friends and family online. Your online community isn't the only one that may be interested in your status updates, so are defense attorneys and insurance companies.

So you've been in an accident. Even though you are injured, you send out a casual status update to tell your friends that you're doing fine and will be back to normal in no time. Even though your comment was only one of reassurance, the defense can use this comment to make it seem like your injuries were only minor.

Videos and photos that you post online, even old, seemingly innocent ones, can be used against you as well. Your friends may even be called as witnesses about the state of your health. Your safest option is to cancel all social media accounts until after the conclusion of your case.

Defense attorneys and insurance companies will attempt to gather information that will benefit their case. If you haven't deactivated your social media accounts, here are a few precautions you should take if you have been involved in an accident:
  • Never grant permission to anyone to look through your social media accounts.
  • Remove all videos, photos, and status updates that could hurt your case.
  • Do not accept any friend requests from people you do not personally know. 
  • Be sure to activate your privacy settings. In spite of this, there are ways to gather information from your social media accounts, but you can make it more difficult for them.
  • Never respond to messages from people you do not know. 
You may be entitled to compensation if you have been injured due to the negligence of another party. Contact the Missouri Personal Injury Attorneys of The Glassman Law Firm at 314.446.6000 to go over your legal rights and options.